Current through Register Vol. 35, No. 18, September 24, 2024
A.
Authority:
(1) Section 409 of the Disaster
Relief Act of 1974 authorizes the president to distribute emergency food stamp
benefits through USDA to low-income households which are unable to purchase
adequate amounts of nutritious food as a result of a major disaster.
(2) The Food Stamp Act of 1977 also provides
for development of disaster relief provisions. During a major disaster declared
by the president or by USDA/FNS, disaster relief provisions will be implemented
in those areas declared in need of disaster relief.
B. Determination of need:
(1) FNS will establish temporary eligibility
standards for the duration of an emergency for households that are disaster
victims as defined in this section. In addition, FNS will provide for emergency
food stamp benefits to eligible households to replace food destroyed in a
disaster. The emergency food stamp benefits will be equal to the value of the
food destroyed, but not greater than the applicable maximum food stamp benefit
amount for the household size.
(2)
HCA is authorized to distribute emergency food stamp benefits to households
residing in those areas determined to be adversely affected by a major
disaster, but only upon the determination by USDA/FNS that such households have
food assistance needs that cannot be met by the existing program in the project
area(s), and only to those households that meet the eligibility
criteria.
(3) The HCA food
assistance bureau, after contact with USDA/FNS, will provide direction for
implementation of disaster provisions.
(4) Under no circumstances may an ISD county
office implement the emergency disaster provisions without specific direction
and approval from the income support division, food assistance
bureau.
C. Eligibility
criteria-conditions: To be eligible for emergency food stamp benefits during a
disaster, a household must meet all the following standards:
(1) At the time the disaster struck, the
household must have been residing within the geographical area which is
considered a disaster area. Such a household may be certified for disaster food
stamp benefits even though the household at present is occupying temporary
accommodations outside the disaster area. (A household representative must go
to the certification site to be certified for disaster food stamp
benefits).
(2) The household will
purchase food and prepare meals during the disaster benefit period. A household
residing in a temporary shelter that is providing all the household's meals is
not eligible.
(3) The household
must have experienced at least one of the following adverse effects of the
disaster:
(a) The household's income becomes
inaccessible or there is a termination of income or a significant delay in
receipt of income, for example, if a disaster has caused a place of employment
to close or reduce its work days, or if paychecks or other payments are lost or
destroyed, or if there is a significant delay issuing paychecks or other
payments. The household's income can become inaccessible if the work location
is inaccessible because of the disaster.
(b) The household's liquid resources become
inaccessible. Inaccessibility of liquid resources includes situations in which
the financial institution(s) holding the household's resources is expected to
be closed because of the disaster for most of the disaster benefit period, or
if the household is otherwise unable, and is not expected to be able, to reach
its cash resources for most of the disaster benefit period.
(4) Expenses paid during the
disaster period:
(a) A household must have
paid, or expect to pay for, expenses during the disaster benefit period to be
eligible for a shelter expense deduction. The expense is not deductible if the
household will not pay for it until after the disaster benefit period is
over.
(b) If a household has
received, or is reasonably certain to receive, a reimbursement for all or part
of the expense during the disaster benefit period, only the net expense after
reimbursement is allowed as a shelter expense deduction. If a reimbursement is
expected, but it is not reasonably certain that it will be provided during the
disaster benefit period, the full amount of the expense is deductible. The
following household expenses are deductible:
(i) repairing damage to home or property
essential to the employment or self-employment of a household member;
(ii) temporary shelter if a home is
uninhabitable or the household cannot reach its home;
(iii) moving out of an area evacuated because
of a disaster;
(iv) protecting
property from disaster damage;
(v)
medical expenses for disaster-related injury to a person who was a household
member at the time of the disaster (including funeral and burial expenses in
the event of death).
(vi) any other
expenses may not be considered.
(5) Disaster income calculation: Disaster
income is calculated by adding the household's take-home pay to the household's
available cash resources and then deducting the household's disaster-related
expenses. The result must be less than or equal to the food stamp maximum
disaster income limit for the household size.
(6) Maximum disaster income limit: The
maximum disaster income limit is calculated by adding the food stamp net income
limit for the appropriate household size, the standard deduction, and the
maximum shelter deduction. Medical deductions for the elderly and disabled, the
earned income deduction, the uncapped shelter deduction for the elderly and
disabled and the dependent care deduction will not be used to calculate the
maximum disaster income limit.
(7)
Countable income: Income counted to determine eligibility includes:
(a) wages a household actually receives after
taxes and other payroll deductions are taken out;
(b) assistance payments or other unearned
income a household receives; and
(c) net self-employment income earned after
personal income and social security taxes as well as expenses of producing the
self-employment income are subtracted;
(d) income is only counted if it has already
been received in the benefit period or if the household is reasonably certain
the income will be received during the disaster benefit period;
(e) all cash resources (cash on hand and all
funds in savings and checking accounts) will be counted as income unless the
ISS determines that such funds will be inaccessible for most of the disaster
benefit period; the resource standards do not apply under disaster
certification rules.
(8)
Certification periods: Certification periods must coincide with the disaster
benefit period.
(a) If the disaster benefit
period is for one month, income over this full month period will be counted;
disaster-related expenses paid or expected to be paid over the full month
period will be deducted to determine the net income.
(b) If the disaster benefit period will be
for one- half month, estimated income over the half-month period will be
counted, disaster-related expenses paid or expected to be paid over this period
will be deducted, and the income limit will be only one-half of the monthly
food stamp maximum disaster income limit.
(9) Household estimates: Applicant households
must provide estimates of total take-home pay, cash resources, and allowable
disaster-related expenses. Verification is not required, nor is an ISS required
to request itemization of individual expenses or of different sources of income
or resources.
(10) Variable
criteria: FNS may, in certain disaster situations where circumstances warrant,
establish eligibility standards that differ from those set forth
above.
D. FSP
operations:
(1) Regular FS program: The
regular food stamp program will continue to operate and to process applications
and make eligibility determinations in its normal manner during a disaster
benefit period. If an applicant household does not meet the eligibility
requirements for the disaster program, the household will be informed of the
potential availability of food stamp benefits under the regular program,
including provisions to consider costs of home repair caused by a natural
disaster as an allowable shelter expense.
(2) Personnel: HCA may use volunteers and
other agency personnel to help the certification staff make eligibility
determinations during a disaster. A disaster relief agency designated by HCA
and approved by FNS may also determine the eligibility of applicant households.
HCA may set up alternate certification and issuing points that are accessible
to the affected population.
(3)
General standards: To apply for food stamp benefits under the disaster
assistance program, a household must complete and submit a short form
application, be interviewed, and provide limited verification, as specified
below. HCA may use group sessions to screen applicants, explain rights and
responsibilities, and explain how to complete an application.
(4) Verification: Except for identity and
residence, all other verification requirements are waived for disaster
emergency assistance. Since verification documents may have been lost or
destroyed in the disaster, interviewers may use collateral sources to provide
verification and to expedite certification. The household will not be denied
for lack of verification of residence in unusual situations, such as if a
household has recently moved to the area, has no documentary evidence of
residence, and is not known to others in the disaster area.
(5) Period for processing: No emergency food
stamp benefits will be authorized after the end of the disaster period. If the
period is extended by FNS, HCA may be authorized to permit households already
certified for emergency food stamp benefits to apply for recertification, if
the households continue to meet the disaster eligibility requirements. A
household applying for recertification must submit a new application and be
interviewed. Identity and residence need not be reverified unless they are
questionable. If an extension is granted, HCA will issue a press release
notifying those concerned that the disaster authorization period has been
extended, and where and when they may reapply for extended food stamp
benefits.
(6) Benefit calculation:
Households meeting the eligibility requirements will receive the maximum food
stamp benefit amount for their household size as listed in Subsection E of
8.139.500.8 NMAC, if the disaster
benefit period is a full month. If the disaster benefit period is for a half
month, the household will receive half the maximum food stamp benefit
amount.
(7) Certification notices:
In certifying disaster benefit applicants, written notification requirements
will be waived. The notification that interviewers are required to give
applicants may be given orally.
(8)
ID cards: Participants in a disaster emergency program will be issued an
identification card (ID) marked with the word "disaster" or some similar
designation for disaster food stamp issuance. The ID card will serve to
identify the household at an issuing point or in retail food stores as a
legitimate food stamp participant.
(9) Transition to FSP: Households issued
emergency food stamp benefits which are later determined eligible to
participate in the ongoing food stamp program will have their emergency food
stamp benefits deducted from their regular program food stamp benefits if the
disaster certification period and the ongoing certification period overlap. The
ISS will calculate food stamp benefits to be issued under the regular program
as follows:
(a) the number of days overlapping
the disaster certification period and the certification period for ongoing food
stamp benefits will be determined;
(b) disaster food stamp benefits will be
prorated over the number of days in the disaster period to determine the
disaster food stamp benefit amount issued on a daily basis; and
(c) the food stamp benefit amount to be
issued under the regular program will be offset against the amount of
overlapping disaster benefits determined in Subparagraph (b) of Paragraph (9)
of Subsection D of
8.139.400.15 NMAC above.
(d) Interviewers must act promptly on all
applications. HCA will give eligible households an opportunity to get disaster
food stamp benefits the day of application, unless restrictions such as curfews
make it impossible to meet this standard; in such a situation, a household must
be given an opportunity to get benefits no later than the day following the
date the application is filed.
(10) Controls: HCA will establish a system to
detect duplicate applications for disaster food stamp benefits. The system will
include an exchange of case index cards or lists of certified disaster
households between the appropriate certification and issuance sites used in the
disaster operation. HCA will also use computer checks, address checks, and
telephone calls to keep households from receiving duplicate disaster
benefits.
E. Application
process:
(1) Forms:
(a) The short application form for temporary
emergency assistance (ISD459) will be used to gather the minimum amount of
information needed to establish eligibility and the food stamp benefit amount.
It also serves as an issuance document.
(b) To determine eligibility, an application
must be completed and signed, the household or its authorized representative
must be interviewed, and certain information on the application must be
verified.
(c) The short disaster
application form will provide warnings of the civil and criminal provisions and
penalties for violations of the Food Stamp Act, and of the fact that the
household may be subject to a post-disaster review.
(2) Filing: To file an application for
emergency food stamp assistance, a household must submit a completed form, in
person or through an authorized representative, at a certification site. To be
processed under disaster procedures, the application must be filed during the
disaster period. Households applying outside this period will be processed
according to regular food stamp program procedures.
(3) Household cooperation: If a household
refuses to cooperate with an interviewer in completing the application process,
the application will be denied at the time of refusal.
(4) Interviews: All applicants for emergency
disaster assistance must be interviewed. HCA will screen applicants before the
interview to identify those who do not meet eligibility requirements.
(a) The interview will be conducted as an
official discussion of household circumstances. It is designed to process the
application quickly and not hinder disaster operations.
(b) Interviews will be conducted by ISSs as
well as by volunteers and other non-HCA personnel, such as representatives of
an authorized disaster relief agency designated by HCA.
(c) The interviewer will review the
information that appears on an application and resolve unclear or incomplete
information.
(d) At the interview,
a household will be advised orally of the disposition of its application, its
rights and responsibilities, when its certification period for emergency
assistance ends, and of the ongoing food stamp program.
(e) If a household wishes to file an
application for the ongoing program, the interviewer will advise the household
of the address and telephone number of the appropriate office.
(f) The interviewer will inform each
certified household of the proper use of food stamp benefits.
F.
Treatment of
current FSP household:
(1) Eligibility:
Households currently certified for the ongoing food stamp program may also be
eligible for temporary emergency food stamp assistance during disasters. Such
households will be allowed to apply for disaster food stamp assistance, and
their eligibility will be determined in the same manner as for any other
disaster victim. The ISS must, however, reduce the disaster food stamp benefit
amount by the amount of regular food stamp benefits issued to the household
under the ongoing program for any part of the disaster benefit period. If the
household's food has been damaged by the disaster, and it must replace the
food, the disaster food stamp benefit amount will not be reduced by the amount
of food stamp benefits issued under the ongoing program. If it is not practical
to determine, verify, or otherwise take into account ongoing program benefits,
HCA will issue full disaster food stamp benefits to those households, with FNS
approval.
(2) Replacements: A
household requesting a replacement of food stamp benefits it had received under
the ongoing program that were destroyed in the disaster, or of food destroyed
in a disaster that was purchased with food stamp benefits issued under the
ongoing program, will be handled by the ongoing program. A household will not
be given a replacement if it has received, or will receive, disaster food stamp
assistance for the same period.
(3)
Reporting changes: Households certified under the ongoing program who report
required changes during the application process for emergency assistance, will
be referred to the ongoing program. The household is responsible for reporting
the required information directly to the office that handles its regular
case.
G. Issuance of
emergency food stamps: Emergency food stamp benefits will be issued by normal
procedures in effect in a project area if the opportunity to participate
standards can be met. Such issuance arrangements may not be practical because
of the effects of the disaster. HCA, with FNS approval, will make temporary
arrangements during an emergency period to facilitate the issuance of benefits
to disaster victims.
H. Fair
hearings: Households denied disaster food stamp benefits may request a fair
hearing. Households requesting a fair hearing must be offered an immediate
supervisory review of their circumstances because of the time that is likely to
pass before a fair hearing decision can be made. The supervisory review is not
a replacement for a fair hearing, but may be held in addition to the fair
hearing.