TO:	Commissioners, TA Directors, FS Directors, MA Directors, Staff Development Coordinators, WMS Coordinators, CAP Coordinators

FROM:	Patricia A. Stevens, Deputy Commissioner, Division of Temporary Assistance

SUBJECT:	Exemption of Disaster Relief Payments

EFFECTIVE DATE:	Immediately

CONTACT PERSON:	FS Policy - Eastern Regional Team at 518-473-1469
	TA Policy - Central Regional Team at 518-474-9344

This provides information about the temporary assistance (TA), food stamp (FS) and Medicaid (MA) treatment of disaster assistance payments to victims of the September 11, 2001 disaster.  These payments are permanently exempt as income and resources for the purposes of determining eligibility for TA, FS and MA.  These payments are:
•	Federal assistance provided under P.L. 93-288, section 312(d) (Disaster Relief Act of 1974), as amended by P.L. 100-707.  This includes assistance paid to residents of the disaster area, and people who live outside the area, even outside NYC, who lost their jobs as a direct result of the disaster.  This also includes Disaster Unemployment Assistance (DUA) paid during the period 9/17/2001 through 3/17/2002 through the Department of Labor to persons directly affected by the disaster whose employment or self-employment has been lost or interrupted as a result of the September 11, 2001 disaster;
•	Comparable disaster assistance payments provided by State or local governments, or by disaster assistance organizations such as the American Red Cross or Salvation Army; and
•	Federal Emergency Management Assistance (FEMA) payments made when there is a disaster or an emergency.

TEMPORARY ASSISTANCE: For TA, 18 NYCRR 352.22(f) and 352.16(a) authorizes the exemption of these payments as income and resources for the purposes of determining eligibility for TA (Family Assistance, Safety Net Assistance, Emergency Assistance for Families and Child Assistance Program).

FOOD STAMPS: For FS, 18 NYCRR 387.11 and 387.9 exclude disaster payments as income and resources.  In addition, any insurance payments that households may receive as a result of this disaster are treated as a reimbursement.  As specified in FSSB XII-G-4, reimbursements for past or future expenses that do not exceed actual expenses and are not a gain or benefit to the household are excluded as income.

MEDICAID: For MA, disaster payments are excluded as income and resources in the same manner as for FS.  Regulatory authority is provided in 360-4.6(a)(1)(xxvi) for income and 360-4.6(b)(11) for resources.