22 December 2004 Income Excluded by Federal Law—Disaster Relief
Employment Funded Under National Emergency Grants
SUBJECT: |
Income Excluded by Federal Law—Disaster Relief
Employment Funded Under National Emergency Grants |
TO: |
All Regional Directors
Food Stamp Program |
We received a question as to how to treat disaster relief employment
income received from a National Emergency Grant. National Emergency Grants
are part of the Workforce Investment Act (WIA, Public Law 105-220). Section
181(a)(2) of the Workforce Investment Act states that allowances, earnings,
and payments to individuals participating in programs under Title I of WIA
must not be considered as income for purposes of determining eligibility for
and the amount of income transfer and in-kind aid furnished under any
Federal or federally assisted program based on need, other than as provided
under the Social Security Act (42 U.S.C. 301 et seq.).
One of the reasons for national emergency grants is to provide assistance
to an area within a State that has suffered an emergency or a major disaster
as defined in the Robert T. Stafford Disaster Relief and Emergency
Assistance Act. Funds may be expended through public and private
organizations, and may be used for temporary job creation in areas declared
eligible for public assistance by FEMA, subject to the limitations of WIA
section 173(d) (see 20 CFR 671.170).
Funds are used to provide disaster relief employment on projects that
provide food, clothing, shelter, and other humanitarian assistance for
disaster victims, and projects regarding demolition, cleaning, repair,
renovation, and reconstruction of damaged and destroyed structures,
facilities, and lands located within the disaster area. Individuals are
eligible to be offered disaster relief employment if the individual is a
dislocated worker, is a long-term unemployed individual, or is temporarily
or permanently laid off as a consequence of the disaster. No individual can
be employed for more than 6 months related to a single natural disaster.
State agencies should be able to verify whether the source of the income
is from a National Emergency Grant under WIA through the State labor
department. The source of the income should be verified if the client
suffered a job loss or was unemployed due to a recent disaster, if the
employment is deemed temporary (less than six months), and if the type of
work is disaster-related.
Additional information about National Emergency Grants can be found under
section 173 of WIA and the exclusion of income is also codified in 20 CFR
667.272(c). This income exclusion will be added to our updated list of
excluded income and resources. If you have any questions, please contact
your Regional representative in Certification Policy Branch.
Arthur T. Foley
Director
Program Development Division
Last
modified:
11/21/2008
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