N.M. Code R. § 8.139.400.15

Current through Register Vol. 35, No. 11, June 11, 2024

Section 8.139.400.15 - DISASTER VICTIMS

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) HSD 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 HSD 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: HSD may use volunteers and other agency personnel to help the certification staff make eligibility determinations during a disaster. A disaster relief agency designated by HSD and approved by FNS may also determine the eligibility of applicant households. HSD 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. HSD 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, HSD 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, HSD 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 (b) of Paragraph 9 of Subsection D of 8.139.400.15 NMAC above.

(d) interviewers must act promptly on all applications. HSD 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: HSD 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. HSD 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. HSD 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-HSD personnel, such as representatives of an authorized disaster relief agency designated by HSD.

(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, HSD 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. HSD, 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.

N.M. Code R. § 8.139.400.15

02/01/95; 8.139.400.15 NMAC - Rn, 8 NMAC 3.FSP.408, 5/15/2001