Section 410.50  Eligibility for Assistance

a)         Eligibility Requirements

1)         The applicant must certify that:

A)        Application has been made to all available governmental disaster assistance programs for assistance to meet the necessary expense or serious need, and that neither the applicant nor any of the applicant's family has been determined to be qualified for such assistance or, for demonstrated reasons, any assistance received has not satisfied any such necessary expense or serious need;

B)        With respect to the specific necessary expense or serious need or portion thereof for which application is made, neither the applicant, nor any member of the applicant's family, has previously received or refused assistance from other means;

C)        Should the applicant receive a grant and assistance from other means later becomes available to meet the necessary expense or serious need, the applicant shall refund to the State that part of the grant for which financial assistance from other means has been received.  If the applicant does not spend the grant for the identified needs, a refund must also be made.

2)         Applicants who incurred a necessary expense or serious need in the major disaster area may be eligible for assistance under paragraph (a)(1) of this Section without regard to their alienage, residency in the major disaster area, or residency within the State in which the major disaster has been declared.

3)         Applicants must comply with time limitations as set forth in Section 410.40(b).

4)         In lieu of a formal application to the Small Business Administration (SBA) for disaster loan assistance, applicants may be considered to have been denied such assistance if they are able to certify that they:

A)        Suffered only personal property damage, or

B)        Are unemployed, or

C)        Derive more than 50 percent of their income from Social Security or public income assistance payments.

5)         Farmers, ranchers and persons engaged in aquaculture must apply to Farmers Home Administration (FmHA) or SBA and obtain a denial of such assistance from either FmHA or SBA before they may be considered eligible for grant assistance.  If applicants have been denied such loan assistance because, in FmHA's determination, they are able to obtain necessary credit from other sources, they will be considered ineligible for grant assistance for those items or services for which assistance may be provided by the FmHA's Emergency Loan Program.

b)         Eligible Categories

1)         Assistance may be made available to meet necessary expenses or serious needs by providing essential items or services in certain categories, as follows:

A)        Medical and dental

B)        Housing

C)        Personal property

D)        Public/Private transportation

E)         Funeral expenses

F)         Flood insurance

G)        Hazard minimization measures

H)        Cost of damage estimates

2)         Assistance may be made available to meet necessary expenses or serious needs in other catagories, as determined by the State and consistent with Federal law and regulation.

c)         Ineligible Categories

1)         Assistance will not be made available for any item or service in the following categories:

A)        Business loans, including farm businesses, or self-employment,

B)        Improvements or additions to real or personal property,

C)        Landscaping,

D)        Real or personal property used exclusively for recreation,

E)         Financial obligations incurred prior to the disaster.

2)         Assistance may also be denied for any other category which is deemed by the State not to fall within the definition of "necessary expense or serious need".

d)         Multiple Ownership

1)         Assistance shall be made available to grant applicants claiming multiple ownership of a non-public facility that provides service to more than one individual or family.  Prior to the issuance of the grant, all applicants must agree to joint ownership of the non-public facility and verify that:

A)        All applicants have a common necessary expense or serious need:

B)        Any assistance provided under a project application is taken into consideration when determining whether a need exists; and

C)        All applicants have jointly applied for assistance from other government programs such as SBA Disaster Loan Program and have been determined not to be qualified for such assistance.

2)         Each qualified applicant may receive a separate grant if the cost of repairing or replacing the non-public facility exceeds the maximum grant available to an individual or family as set forth at 44 CFR 205.54 (April 12, 1982).

3)         The grant recipients may combine their grant funds to repair or replace the non-public facility.