Or. Admin. R. 461-145-0100

Current through Register Vol. 63, No. 6, June 1, 2024

Section 461-145-0100 - Disaster Relief

(1) As used in this rule:

(a) A major disaster is any natural catastrophe such as a hurricane or drought, or, regardless of cause, any fire, flood or explosion, which the President determines causes damage of sufficient severity and magnitude.

(b) An emergency is any occasion or instance for which the President determines that Federal assistance is needed to supplant State and local efforts and capabilities to save lives and to protect property and public health and safety, or to lessen or avert the threat of a catastrophe.

(c) Disaster Unemployment Assistance is emergency assistance authorized under P.L. 100-107 and received by individuals who are unemployed as a result of a major disaster. Individuals receiving Disaster Unemployment Assistance are not eligible for other unemployment compensation and cannot receive both at the same time. Payments are limited to 26 weeks.

(2) Except as otherwise stated in sections (4) to (8) of this rule and at OAR 461-140-0070, payments described in section (3) of this rule are not counted as income or resources when determining eligibility for or benefit levels.

(3) This rule applies to each of the following payments if precipitated by an emergency or major disaster:

(a) Payments received under the Disaster Relief Act of 1974 ( P.L. 93-288, section 312 (d)) as amended by the Disaster Relief and Emergency Assistance Amendments of 1988 ( P.L. 100-707, Section 105 (i)).

(b) Disaster assistance comparable to subsection (a) of this section provided by States, local governments, and disaster assistance organizations.

(c) Payments from the Federal Emergency Management Agency (FEMA).

(d) Individual and Family Grant Assistance program (IFG).

(e) Grants or loans by the Small Business Administration (SBA).

(f) Voluntary disaster assistance organizations, such as the Red Cross.

(g) Private insurance payments for losses due to a major disaster such as flood, wind, land movement.

(4) Government payments designated for the restoration of a home damaged in a disaster are excluded as income or resources in the month of receipt and as a resource in subsequent months, if the household is subject to a legal sanction if the funds are not used as intended.

(5) Each payment made to farmers under the Disaster Assistance Act of 1988 ( P.L. 100-387 ) for crop losses or failure in a disaster is excluded.

(6) Income received from public and private organizations by individuals working in disaster relief efforts and funded under a National Emergency Grant by WIA title 1 ( P.L. 105-220 ) is excluded. An individual is eligible under this funding source if he or she is a dislocated worker, a long-term unemployed individual, or is temporarily or permanently laid off as a consequence of the disaster. Eligibility under this funding source is limited to a period of up to six months per disaster.

(7) Disaster Unemployment Assistance is excluded as both income and a resource.

(8) Payments for flood mitigation received by a homeowner under the National Flood Insurance Act of 1968 as amended by P.L. 109-64, are not counted as income or resources.

Or. Admin. R. 461-145-0100

AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90; AFS 30-1990, f. 12-31-90, cert. ef. 1-1-91; AFS 13-1991, f. & cert. ef. 7-1-91; SSP 4-2007, f. 3-30-07, cert. ef. 4-1-07

Stat. Auth.: ORS 411.060, 411.816, 418.100

Stats. Implemented: ORS 411.060, 411.700, 411.816, 418.100