Disaster Survivor FAQ: FEMA Individuals and
November 3, 2022May 15, 2023
Households Program
Elizabeth M. Webster
Member offices frequently have questions about the recovery process when working to support
Member offices frequently have questions about the recovery process when working to support
Analyst in Emergency
Analyst in Emergency
constituents following a presidential declaration of emergency or major disaster under the Robert
constituents following a presidential declaration of emergency or major disaster under the Robert
Management and Disaster
Management and Disaster
T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act; P.L. 93-288, as
T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act; P.L. 93-288, as
Recovery
Recovery
amended; codified at 42 U.S.C. §§5121 et seq.). This report responds to questions that commonly
amended; codified at 42 U.S.C. §§5121 et seq.). This report responds to questions that commonly
arise when disaster survivors apply for and receive recovery assistance through the Federal
arise when disaster survivors apply for and receive recovery assistance through the Federal
Emergency Management Agency’s (FEMA’s) Individual Assistance (IA)—Individuals and Emergency Management Agency’s (FEMA’s) Individual Assistance (IA)—Individuals and
Households Program (IHP). The IHP provides financial and/or direct assistance for housing and
Households Program (IHP). The IHP provides financial and/or direct assistance for housing and
financial assistance to address other needs. financial assistance to address other needs.
For additional information on the IHP, including an in-depth overview of the program’s available forms of assistance and
For additional information on the IHP, including an in-depth overview of the program’s available forms of assistance and
implementation considerations, see CRS Report R47015, implementation considerations, see CRS Report R47015,
FEMA’s Individuals and Households Program (IHP)—
Implementation and Considerations for Congress, by Elizabeth M. Webster. The CRS Infographic IG10024, , by Elizabeth M. Webster. The CRS Infographic IG10024,
How FEMA
Individual Assistance Works, by Elizabeth M. Webster, provides a visual overview of the IA programs, the process by which , by Elizabeth M. Webster, provides a visual overview of the IA programs, the process by which
IA is authorized, and information on how applicants receive and FEMA recoups assistance. IA is authorized, and information on how applicants receive and FEMA recoups assistance.
Congressional Research Service
Congressional Research Service
link to page 4 link to page 4 link to page 4 link to page 5 link to page 5 link to page 5 link to page 5 link to page 6 link to page 6 link to page 6 link to page 7 link to page 8 link to page
link to page 4 link to page 4 link to page 4 link to page 5 link to page 5 link to page 5 link to page 5 link to page 6 link to page 6 link to page 6 link to page 7 link to page 8 link to page
89 link to page link to page
89 link to page 9 link to page 9 link to page 9 link to page 10 link to page 10 link to page 10 link to page link to page 9 link to page 9 link to page 9 link to page 10 link to page 10 link to page 10 link to page
1011 Disaster Survivor FAQ: FEMA Individuals and Households Program
Contents
Introduction ..................................................................................................................................... 1
Frequently Asked Questions ............................................................................................................ 1
Who is eligible for IHP assistance? ........................................................................................... 1
How can disaster survivors apply for IHP assistance? .............................................................. 2
What is the IHP application deadline? ...................................................................................... 2
Why are IHP applicants being directed to apply for SBA disaster loans even though
they are not business owners? ................................................................................................ 2
If the SBA approves an IHP applicant’s SBA disaster loan, can they stil still receive
assistance through the IHP? ................................................................................................... 3
Does income affect an IHP applicant’s eligibility for assistance? ............................................. 3
Does insurance affect an IHP applicant’s eligibility for assistance? ......................................... 4
How much financial assistance will IHP applicants receive? ................................................... 5
How long does it take FEMA to schedule an inspection to assess an IHP applicant’s
disaster-caused losses? ........................................................................................................... 6 5
When will FEMA provide awards to IHP applicants? .............................................................. 6
What can an IHP applicant do if they disagree with FEMA’s determination or if their
request for assistance is denied? ............................................................................................ 6
Can FEMA “claw back” IHP assistance that it has already provided to an IHP
recipient? ................................................................................................................................ 7
Additional Resources ...................................................................................................................... 7
Contacts
Author Information .......................................................................................................................... 8 7
Congressional Research Service
Congressional Research Service
Disaster Survivor FAQ: FEMA Individuals and Households Program
Introduction
The Federal Emergency Management Agency (FEMA) may assist disaster survivors with their The Federal Emergency Management Agency (FEMA) may assist disaster survivors with their
recovery through the Individual Assistance (IA) program if the President authorizes such recovery through the Individual Assistance (IA) program if the President authorizes such
assistance pursuant to a declaration of emergency or major disaster under the Robert T. Stafford assistance pursuant to a declaration of emergency or major disaster under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (Stafford Act).1 One form of IA is the Individuals Disaster Relief and Emergency Assistance Act (Stafford Act).1 One form of IA is the Individuals
and Households Program (IHP). When the IHP is authorized, FEMA may provide financial and/or and Households Program (IHP). When the IHP is authorized, FEMA may provide financial and/or
direct assistance for housing, as direct assistance for housing, as
wel well as financial assistance for other needs (referred to as Other as financial assistance for other needs (referred to as Other
Needs Assistance or ONA).2 Needs Assistance or ONA).2
Member offices frequently receive questions from constituents following a presidential
Member offices frequently receive questions from constituents following a presidential
declaration of emergency or major disaster under the Stafford Act. This report responds to declaration of emergency or major disaster under the Stafford Act. This report responds to
questions that commonly arise when disaster survivors apply for and receive recovery assistance questions that commonly arise when disaster survivors apply for and receive recovery assistance
through FEMA’s IHP. through FEMA’s IHP.
For additional information on the IHP, including an in-depth overview of the program’s available
For additional information on the IHP, including an in-depth overview of the program’s available
forms of assistance and implementation considerations, see CRS Report R47015, forms of assistance and implementation considerations, see CRS Report R47015,
FEMA’s
Individuals and Households Program (IHP)—Implementation and Considerations for Congress, ,
by Elizabethby Elizabeth
M. Webster. The CRS Infographic IG10024, M. Webster. The CRS Infographic IG10024,
How FEMA Individual Assistance
Works, by Elizabeth M. Webster, provides a visual overview of the IA programs, the process by , by Elizabeth M. Webster, provides a visual overview of the IA programs, the process by
which IA is authorized, and information on how applicants receive and FEMA recoups assistance. which IA is authorized, and information on how applicants receive and FEMA recoups assistance.
Frequently Asked Questions
Who is eligible for IHP assistance?
IHP applicants must meet general eligibilityIHP applicants must meet general eligibility
requirements: requirements:
1. “[t]he applicant must be a U.S. citizen, noncitizen national, or qualified
1. “[t]he applicant must be a U.S. citizen, noncitizen national, or qualified
alien”alien”
(or (or
the parent or guardian of such a minor);
the parent or guardian of such a minor);
2. “FEMA
2. “FEMA
must be able to verify the applicant’s identity”; must be able to verify the applicant’s identity”;
3. “[t]he applicant’s insurance, or other forms of disaster assistance received, cannot
3. “[t]he applicant’s insurance, or other forms of disaster assistance received, cannot
meet their disaster-caused needs”; and
meet their disaster-caused needs”; and
4. “[t]he applicant’s necessary expenses and serious needs are directly caused by a
4. “[t]he applicant’s necessary expenses and serious needs are directly caused by a
declared disaster.”3
declared disaster.”3
Each type of IHP assistance also requires that additional eligibility
Each type of IHP assistance also requires that additional eligibility
conditions be met, and may conditions be met, and may
require additionalrequire additional
documentation (e.g., IHP applicants for housing assistance to repair or replace documentation (e.g., IHP applicants for housing assistance to repair or replace
their home are only eligible for such financial assistance if they own and occupy the property, it is
their pre-disaster primary residence, and it was damaged or destroyed by the declared disaster).4
1 Robert T1 Robert T
. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act; P.L. 93-288, as amended; codified. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act; P.L. 93-288, as amended; codified
at at
42 U.S.C.42 U.S.C.
§§5121 et seq.). §§5121 et seq.).
2 Stafford Act Section 408 (42 U.S.C.2 Stafford Act Section 408 (42 U.S.C.
§5174). §5174).
T heThe Federal Emergency Management Agency’s (FEMA’s) Individuals Federal Emergency Management Agency’s (FEMA’s) Individuals
and Householdsand Households
Program (IHP) regulations are codifiedProgram (IHP) regulations are codified
at 44 C.F.R.at 44 C.F.R.
§§206.101 et seq. §§206.101 et seq.
3 FEMA,
3 FEMA,
Individual Assistance Program and Policy Guide (IAPPG), v. 1.1, FP 104-009-03, May 2021, p. 46, , v. 1.1, FP 104-009-03, May 2021, p. 46,
https://www.fema.gov/sites/default/files/documents/fema_iappg-1.1.pdf (hereinafter FEMA, https://www.fema.gov/sites/default/files/documents/fema_iappg-1.1.pdf (hereinafter FEMA,
IAPPG). See also FEMA, ). See also FEMA,
“Eligibility Criteria for FEMA Assistance,” last updated “Eligibility Criteria for FEMA Assistance,” last updated
October 11November 28, 2022, https://www.fema.gov/assistance/, 2022, https://www.fema.gov/assistance/
individual/program/eligibilityindividual/program/eligibility
. 4 FEMA’s “ Programs to Support Disaster Survivors” web page, available at https://www.fema.gov/assistance/
Congressional Research Service
1
Disaster Survivor FAQ: FEMA Individuals and Households Program
Of note, FEMA does not provide IHP ; FEMA, “Individuals and Households Program,” last updated April 5, 2023, https://www.fema.gov/fact-sheet/individuals-and-households-program.
Congressional Research Service
1
Disaster Survivor FAQ: FEMA Individuals and Households Program
their home are only eligible for such financial assistance if they own and occupy the property, it is their pre-disaster primary residence, and it was damaged or destroyed by the declared disaster).4
Of note, FEMA does not provide IHP Housing Assistance to applicants experiencing Housing Assistance to applicants experiencing
homelessness prior to a disaster declaration because “the need for housing was not caused by the homelessness prior to a disaster declaration because “the need for housing was not caused by the
disaster”; however, applicants experiencing homelessness may be eligible for forms of ONA.5 disaster”; however, applicants experiencing homelessness may be eligible for forms of ONA.5
How can disaster survivors apply for IHP assistance?
Disaster survivors can apply for assistance online, via phone, or in person:Disaster survivors can apply for assistance online, via phone, or in person:
• Online: at DisasterAssistance.gov or through the FEMA mobile application. : at DisasterAssistance.gov or through the FEMA mobile application.
• Phone: by : by
cal ingcalling 1-800-621-3362. Disaster survivors who use a Text Telephone 1-800-621-3362. Disaster survivors who use a Text Telephone
(TTY) may
(TTY) may
cal call 800-462-7585, and those who use 711 or VRS (Video Relay 800-462-7585, and those who use 711 or VRS (Video Relay
Service) may Service) may
cal call 800-621-3362. 800-621-3362.
• In Person: by visiting a Disaster Recovery Center (DRC) or if a Disaster : by visiting a Disaster Recovery Center (DRC) or if a Disaster
Survivor Assistance team member goes door-to-door in an area designated for
Survivor Assistance team member goes door-to-door in an area designated for
assistance.6 assistance.6
What is the IHP application deadline?
Applicants Applicants
general ygenerally have 60 days from the presidential declaration authorizing Individual have 60 days from the presidential declaration authorizing Individual
Assistance (IA) to apply for IHP assistance. The deadline does not change for areas subsequently Assistance (IA) to apply for IHP assistance. The deadline does not change for areas subsequently
designated for assistance (meaning they may have shorter application periods). The registration designated for assistance (meaning they may have shorter application periods). The registration
period, however, can be extended at the request of the affected state/territory/tribe (with approval period, however, can be extended at the request of the affected state/territory/tribe (with approval
from FEMA). After the end of the registration period, FEMA accepts late applications from FEMA). After the end of the registration period, FEMA accepts late applications
(accompanied by a written justification and supporting documentation) for an additional 60 days. (accompanied by a written justification and supporting documentation) for an additional 60 days.
FEMA does not accept applications after this point.7 FEMA does not accept applications after this point.7
Why are IHP applicants being directed to apply for SBA disaster
loans even though they are not business owners?
To avoid a duplication of benefits,8 FEMA and the To avoid a duplication of benefits,8 FEMA and the
Smal Small Business Administration (SBA) Business Administration (SBA)
collaborate to determine an applicant’s eligibilitycollaborate to determine an applicant’s eligibility
for the three forms of Other Needs Assistance for the three forms of Other Needs Assistance
(ONA) known as SBA-Dependent ONA:(ONA) known as SBA-Dependent ONA:
(1) Personal Property Assistance; (2) Transportation (1) Personal Property Assistance; (2) Transportation
Assistance; and (3) Group Flood Insurance Policy Assistance. These forms of assistance may also Assistance; and (3) Group Flood Insurance Policy Assistance. These forms of assistance may also
be provided by an SBAbe provided by an SBA
disaster loan as the SBAdisaster loan as the SBA
is authorized to provide low-interest disaster is authorized to provide low-interest disaster
loans to applicants with disaster-caused damages to their real and personal property.9 Thus, loans to applicants with disaster-caused damages to their real and personal property.9 Thus,
4 FEMA’s “Programs to Support Disaster Survivors” web page, available at https://www.fema.gov/assistance/individual/disaster-survivors,individual/disaster-survivors,
lists the forms of Individuallists the forms of Individual
Assistance. Vacation or secondary homes are ineligibleAssistance. Vacation or secondary homes are ineligible
for for
IHP assistance.IHP assistance.
5 FEMA, 5 FEMA,
IAPPG, p. 61. , p. 61.
6 FEMA, “6 FEMA, “
Help After a Disaster FEMA IndividualHelp After a Disaster FEMA Individual
Assistance Can Help You Recover,” FEMA B-545, April 2019, Assistance Can Help You Recover,” FEMA B-545, April 2019,
https://www.fema.gov/sites/default/files/2020-08/fema_help-after-disaster_english_trifold.pdf. https://www.fema.gov/sites/default/files/2020-08/fema_help-after-disaster_english_trifold.pdf.
7 FEMA,
7 FEMA,
IAPPG, pp. 70-71; 44 C.F.R. §206.112; and email correspondence with FEMA Congressional Affairs staff, , pp. 70-71; 44 C.F.R. §206.112; and email correspondence with FEMA Congressional Affairs staff,
May 25, 2021. May 25, 2021.
8 Stafford Act Section 312 (42 U.S.C.8 Stafford Act Section 312 (42 U.S.C.
§5155); 44 C.F.R. §206.110(h). §5155); 44 C.F.R. §206.110(h).
9 9
T heThe two categories of Small two categories of Small
Business Business Administration (SBA) disasterAdministration (SBA) disaster
loans are: (1) Personal Property Loans, and (2) loans are: (1) Personal Property Loans, and (2)
Real Property Loans. For additional information on the SBA Disaster Loan Program, see CRSReal Property Loans. For additional information on the SBA Disaster Loan Program, see CRS
Report R44412, SBA (continued...)Report R44412, SBA
Disaster Loan Program : Frequently Asked Questio ns, by Bruce R. Lindsay. See also FEMA, “ I Was Referred to the Small Business Administration,” last updated October 6, 2022, https://www.fema.gov/assistance/individual/small-business.
Congressional Research Service
Congressional Research Service
2
2
Disaster Survivor FAQ: FEMA Individuals and Households Program
FEMA refers applicants who meet the SBA’s minimum income test to first apply for a low-
FEMA refers applicants who meet the SBA’s minimum income test to first apply for a low-
interest SBA disaster loan. If the applicant does not qualify for an SBA disaster loan or their SBA interest SBA disaster loan. If the applicant does not qualify for an SBA disaster loan or their SBA
disaster loan amount is insufficient to meet their disaster-caused expenses or serious needs, then disaster loan amount is insufficient to meet their disaster-caused expenses or serious needs, then
they can be referred back to FEMA for consideration for SBA-Dependent ONA (see below for they can be referred back to FEMA for consideration for SBA-Dependent ONA (see below for
additional information).10 additional information).10
Of note, the SBA disaster loan application is a separate application from the FEMA IHP
Of note, the SBA disaster loan application is a separate application from the FEMA IHP
application for assistance, and, therefore, IHP applicants who are referred to the SBA must submit application for assistance, and, therefore, IHP applicants who are referred to the SBA must submit
a separate application for an SBA disaster loan to be considered for such assistance—and then a separate application for an SBA disaster loan to be considered for such assistance—and then
potential y potentially for SBA-Dependent ONA. Failure to submit an SBA disaster loan application is one for SBA-Dependent ONA. Failure to submit an SBA disaster loan application is one
of several reasons some disaster survivors are not considered for selected forms of recovery of several reasons some disaster survivors are not considered for selected forms of recovery
assistance.11 assistance.11
If the SBA approves an IHP applicant’s SBA disaster loan, can they
still receive assistance through the IHP?
IHP applicants whose SBA disaster loan applications are approved can receive IHP assistance for IHP applicants whose SBA disaster loan applications are approved can receive IHP assistance for
SBA-Dependent ONA if their SBASBA-Dependent ONA if their SBA
disaster loan amount is insufficient to meet their disaster-disaster loan amount is insufficient to meet their disaster-
caused unmet needs (referred to as a partial loan). For example, if a disaster survivor receives an caused unmet needs (referred to as a partial loan). For example, if a disaster survivor receives an
SBA disaster loan that covers some—but not SBA disaster loan that covers some—but not
al all—of their personal property damage, they may —of their personal property damage, they may
then be considered for a FEMA grant of SBA-Dependent ONA to meet their remaining unmet then be considered for a FEMA grant of SBA-Dependent ONA to meet their remaining unmet
need (up to the financial assistance cap—see below for more information).need (up to the financial assistance cap—see below for more information).
If the SBA approves a disaster survivor’s loan application but they do not accept the loan, the
If the SBA approves a disaster survivor’s loan application but they do not accept the loan, the
disaster survivor disaster survivor
wil will not be referred for SBA-Dependent ONA (meaning the disaster survivor not be referred for SBA-Dependent ONA (meaning the disaster survivor
cannot choose to reject a loan in favor of receiving a grant). IHP applicants whose SBA disaster cannot choose to reject a loan in favor of receiving a grant). IHP applicants whose SBA disaster
loan applications are denied loan applications are denied
wil will be referred back to FEMA for consideration for SBA-Dependent be referred back to FEMA for consideration for SBA-Dependent
ONA. ONA.
IHP applicants are not required to apply for an SBA disaster loan before being considered for
IHP applicants are not required to apply for an SBA disaster loan before being considered for
Non-SBA-Dependent ONA or Housing Assistance, and an IHP applicant’s SBA disaster loan Non-SBA-Dependent ONA or Housing Assistance, and an IHP applicant’s SBA disaster loan
status does not affect their eligibilitystatus does not affect their eligibility
for Non-SBA-Dependent ONA or IHP Housing Assistance.12 for Non-SBA-Dependent ONA or IHP Housing Assistance.12
Does income affect an IHP applicant’s eligibility for assistance?
While the IHP application does collect information on the “[f]amily’s pre-disaster income before While the IHP application does collect information on the “[f]amily’s pre-disaster income before
taxes are deducted,” the applicant’s income does not affect their general IHP eligibility.taxes are deducted,” the applicant’s income does not affect their general IHP eligibility.
However, However,
FEMA does consider pre- and post-disaster income when evaluating eligibilityFEMA does consider pre- and post-disaster income when evaluating eligibility
for specific forms for specific forms
of IHP assistance. For example, as noted above, when an IHP applicant meets the SBA’s of IHP assistance. For example, as noted above, when an IHP applicant meets the SBA’s
minimum income test, they are to be referred to the SBA to apply for a disaster loan before they minimum income test, they are to be referred to the SBA to apply for a disaster loan before they
can be considered for SBA-Dependent ONA. Income is also a consideration used by FEMA when evaluating eligibility for Continued Temporary Housing Assistance (i.e., a continuation of rental
Disaster Loan Program: Frequently Asked Questions, by Bruce R. Lindsay. See also FEMA, “I Was Referred to the Small Business Administration,” last updated April 3, 2023, https://www.fema.gov/assistance/individual/small-business.
10 FEMA, 10 FEMA,
IAPPG, p. 145. , p. 145.
11 In a 2020 Government Accountability Office (GAO) report on the IHP, GAO found the interconnected SBA11 In a 2020 Government Accountability Office (GAO) report on the IHP, GAO found the interconnected SBA
Disaster Disaster
Loan and SBA-Dependent ONA application process burdensome, stating that it “Loan and SBA-Dependent ONA application process burdensome, stating that it “
may have prevented many survivors may have prevented many survivors
from being consideredfrom being considered
for certain types of assistance.... ” GAO,for certain types of assistance.... ” GAO,
Disaster Assistance: Additional Actions Needed to
Strengthen FEMA’s Individuals and Households Program , GAO-20-503, September 2020, https://www.gao.gov/assets/, GAO-20-503, September 2020, https://www.gao.gov/assets/
gao-20-503.pdf (see section on “gao-20-503.pdf (see section on “
GAO Highlights”) (hereinafter GAO, GAO Highlights”) (hereinafter GAO,
Disaster Assistance: Additional Actions Needed
to Strengthen FEMA’s IHP). ).
12 FEMA, 12 FEMA,
IAPPG, p. 145. , p. 145.
Congressional Research Service
Congressional Research Service
3
3
Disaster Survivor FAQ: FEMA Individuals and Households Program
can be considered for SBA-Dependent ONA. Income is also a consideration used by FEMA when evaluating eligibility for Continued Temporary Housing Assistance (i.e., a continuation of rental assistance that may be provided based on need after the period of initialassistance that may be provided based on need after the period of initial
Rental Assistance); Rental Assistance);
Direct Temporary Housing Assistance (when housing resources exceed the applicant’s financial Direct Temporary Housing Assistance (when housing resources exceed the applicant’s financial
ability, which FEMA’s guidance “define[s] as no more than 30% of the household’s income”); an ability, which FEMA’s guidance “define[s] as no more than 30% of the household’s income”); an
appeal/adjustment of rent in the context of Temporary Transportable Housing Unitappeal/adjustment of rent in the context of Temporary Transportable Housing Unit
(TTHU) rent (TTHU) rent
collection (after the period of assistance has been extended); TTHU sales; and ONA Child Care collection (after the period of assistance has been extended); TTHU sales; and ONA Child Care
Assistance.13 Assistance.13
Does insurance affect an IHP applicant’s eligibility for assistance?
The IHP provides financial and direct assistance to disaster survivors with uninsured or under-The IHP provides financial and direct assistance to disaster survivors with uninsured or under-
insured necessary expenses and serious needs as a result of a disaster that cannot be met through insured necessary expenses and serious needs as a result of a disaster that cannot be met through
other means or forms of assistance.14 IHP applicants must inform FEMA of other means or forms of assistance.14 IHP applicants must inform FEMA of
al all insurance insurance
coverage that may help meet their disaster-caused needs, and must provide FEMA with coverage that may help meet their disaster-caused needs, and must provide FEMA with
documentation identifying their insurance settlements or benefits before FEMA considers an documentation identifying their insurance settlements or benefits before FEMA considers an
applicant’s eligibilityapplicant’s eligibility
for assistance that may be covered by private insurance.15 Thus, disaster for assistance that may be covered by private insurance.15 Thus, disaster
survivors with insurance can survivors with insurance can
stil still receive IHP assistance, including when their insurance coverage receive IHP assistance, including when their insurance coverage
is insufficient. is insufficient.
In addition, FEMA can provide IHP assistance to meet a disaster survivor’s immediate needs
In addition, FEMA can provide IHP assistance to meet a disaster survivor’s immediate needs
when their insurance settlement is “significantly delayed.” FEMA considers such delays to when their insurance settlement is “significantly delayed.” FEMA considers such delays to
qualify when, through no fault of the IHP applicant, they have not received their insurance qualify when, through no fault of the IHP applicant, they have not received their insurance
settlement after 30 or more days since the claim was filed. In such instances, FEMA considers settlement after 30 or more days since the claim was filed. In such instances, FEMA considers
such applicants for initialsuch applicants for initial
Rental Assistance. The IHP applicant must also agree to repay FEMA Rental Assistance. The IHP applicant must also agree to repay FEMA
when they receive their insurance settlement.16when they receive their insurance settlement.16
Of note, there are some additional insurance-related considerations in the context of incidents
Of note, there are some additional insurance-related considerations in the context of incidents
with flooding.17 IHP applicants who previously received federal financial assistance from FEMA with flooding.17 IHP applicants who previously received federal financial assistance from FEMA
(i.e., Home Repair Assistance, Home Replacement Assistance, Permanent Housing Construction, (i.e., Home Repair Assistance, Home Replacement Assistance, Permanent Housing Construction,
or Personal Property Assistance) for flood-related damages are required to purchase and maintain or Personal Property Assistance) for flood-related damages are required to purchase and maintain
flood insurance for future flood damage to real and personal property items that are insurable flood insurance for future flood damage to real and personal property items that are insurable
under the National Flood Insurance Program (NFIP) and are located in a designated Special Flood under the National Flood Insurance Program (NFIP) and are located in a designated Special Flood
Hazard Area (SFHA). The insurance coverage must be for at least the amount of disaster Hazard Area (SFHA). The insurance coverage must be for at least the amount of disaster
assistance the IHP applicants receive from FEMA for NFIP-insurable items, and applicants may assistance the IHP applicants receive from FEMA for NFIP-insurable items, and applicants may
satisfy the insurance requirement by purchasing private insurance or an NFIP policy.18 Failure to satisfy the insurance requirement by purchasing private insurance or an NFIP policy.18 Failure to
obtain and maintain required flood insurance results in an IHP applicant’s ineligibility for some
forms of IHP assistance following future disasters that result in flood-related damages.19
13 Department of Homeland Security (DHS)/FEMA,13 Department of Homeland Security (DHS)/FEMA,
“Application/Registration for Disaster Assistance,” O.M.B. No. “Application/Registration for Disaster Assistance,” O.M.B. No.
1660-0002, expires 1660-0002, expires
August 31, 2022 (see box 32September 30, 2025 (see box 32, which captures the family’s pre-disaster income before taxes are deducted or allows an applicant to indicate their income is not available) (hereinafter DHS/FEMA, “Application for Assistance”); FEMA, ); FEMA,
IAPPG, pp. 81-82, 97, 102. 120-121, 145, 156-157. , pp. 81-82, 97, 102. 120-121, 145, 156-157.
14 44 C.F.R. §206.110(a); FEMA, 14 44 C.F.R. §206.110(a); FEMA,
IAPPG, pp. 49-51. , pp. 49-51.
See also DHS/FEMA, “Application for Assistance” (see boxes 25-27, which document home/personal property insurance, uninsured/underinsured disaster-related expenses (e.g., funeral), and disaster-related vehicle damage and insurance; and the privacy notice, which notes that a principal purpose for collecting the application information is to prevent a duplication of benefits).
15 FEMA, 15 FEMA,
IAPPG, pp. 49-51. , pp. 49-51.
16 FEMA, 16 FEMA,
IAPPG, p. 51. , p. 51.
17 44 C.F.R. §206.110(k). 42 U.S.C. §5174(c)(3)(B), with regard to Home Replacement Assistance, notes the President 17 44 C.F.R. §206.110(k). 42 U.S.C. §5174(c)(3)(B), with regard to Home Replacement Assistance, notes the President
“may not waive any provision of Federal law“may not waive any provision of Federal law
requiring requiring the purchase of flood insurance as a condition of the receipt of the purchase of flood insurance as a condition of the receipt of
FederalFederal
disaster assistance.”disaster assistance.”
18 FEMA,
18 FEMA,
IAPPG, pp. 63 and 65 (see Figure, pp. 63 and 65 (see Figure
14). For additional information on the National Flood Insurance Program 14). For additional information on the National Flood Insurance Program
and private flood insurance, seeand private flood insurance, see
CRS CRS Report R44593, Report R44593,
Introduction to the National Flood Insurance Program (NFIP) , by Diane P. Horn and Baird Webel; and CRS Report R45242, Private Flood Insurance and the National Flood
Insurance Program , by Diane P. Horn and Baird Webel.
19 44 C.F.R. §206.113(b)(8).
Congressional Research Service
4
Disaster Survivor FAQ: FEMA Individuals and Households Program
, (continued...)
Congressional Research Service
4
Disaster Survivor FAQ: FEMA Individuals and Households Program
obtain and maintain required flood insurance results in an IHP applicant’s ineligibility for some forms of IHP assistance following future disasters that result in flood-related damages.19
How much financial assistance will IHP applicants receive?
The amount of financial assistance an applicant receives through the IHP varies based on their The amount of financial assistance an applicant receives through the IHP varies based on their
personal circumstances, and IHP awards are limited based on statutory funding caps. For personal circumstances, and IHP awards are limited based on statutory funding caps. For
FY2023, the maximum amount of financial assistance for housing is $41,000 (adjusted FY2023, the maximum amount of financial assistance for housing is $41,000 (adjusted
annual yannually), ),
and the maximum amount of financial assistance for other needs is also $41,000 (adjusted and the maximum amount of financial assistance for other needs is also $41,000 (adjusted
annual yannually).20 Assistance provided through the IHP is not intended to compensate people for ).20 Assistance provided through the IHP is not intended to compensate people for
al all of of
their disaster-caused losses and it is not intended to serve as a substitute for insurance. Thus, it is their disaster-caused losses and it is not intended to serve as a substitute for insurance. Thus, it is
not designed to make disaster survivors “whole” again.21 not designed to make disaster survivors “whole” again.21
IHP award amounts depend on several factors, including whether the applicant owns or rents the
IHP award amounts depend on several factors, including whether the applicant owns or rents the
damaged property, the number of household members and household composition, the type(s) of damaged property, the number of household members and household composition, the type(s) of
assistance being requested and the associated eligibilityassistance being requested and the associated eligibility
criteria and limitations, the loss amount criteria and limitations, the loss amount
determined by FEMA’s inspection, and whether and to what extent the applicant’s real and determined by FEMA’s inspection, and whether and to what extent the applicant’s real and
personal property losses were insured. personal property losses were insured.
A FEMA inspection is used to verify losses related to real and personal property. FEMA
A FEMA inspection is used to verify losses related to real and personal property. FEMA
inspectors inspectors
typical ytypically conduct inspections on-site, but they may also complete them via a geospatial conduct inspections on-site, but they may also complete them via a geospatial
inspection or by documentation of losses (e.g., medical inspection or by documentation of losses (e.g., medical
bil sbills or receipts for automobile repairs).22 or receipts for automobile repairs).22
The findings from the FEMA inspection establish the FEMA-VerifiedThe findings from the FEMA inspection establish the FEMA-Verified
Loss (FVL) amount, Loss (FVL) amount,
defined as “[t]he total dollar amount of IHP eligibledefined as “[t]he total dollar amount of IHP eligible
disaster-caused damage to real and personal disaster-caused damage to real and personal
property as verified by FEMA.”23 However, FEMA does not necessarily award IHP applicants the property as verified by FEMA.”23 However, FEMA does not necessarily award IHP applicants the
full FVL amount. FEMA may reduce the amount by losses covered in whole or in part by full FVL amount. FEMA may reduce the amount by losses covered in whole or in part by
insurance. IHP applicants must inform FEMA of their insurance coverage and provide FEMA insurance. IHP applicants must inform FEMA of their insurance coverage and provide FEMA
with documentation identifying their insurance settlements or benefits before FEMA with documentation identifying their insurance settlements or benefits before FEMA
wil will consider consider
their eligibilitytheir eligibility
for assistance that may be covered by private insurance.24
by Diane P. Horn and Baird Webel; and CRS Report R45242, Private Flood Insurance and the National Flood Insurance Program, by Diane P. Horn and Baird Webel.
19 44 C.F.R. §206.113(b)(8). 20 42 U.S.C. §5174(h); DHS/FEMA, “Notice of Maximum Amount of Assistance Under the Individuals and Households for assistance that may be covered by private insurance.24
How long does it take FEMA to schedule an inspection to assess an
IHP applicant’s disaster-caused losses?
After an IHP applicant submits an application for assistance, FEMA contacts them via letter or electronic correspondence regarding next steps, and an inspector contacts the IHP applicant to schedule an inspection.25 According to FEMA’s guidance, “FEMA inspectors typically schedule an on-site inspection with the applicant within two weeks after the applicant has registered for
20 42 U.S.C. §5174(h); DHS/FEMA, “ Notice of Maximum Amount of Assistance Under the Individuals and Households Program,” 87 Program,” 87
Federal Register 64512, October 25, 2022, https://www.govinfo.gov/content/pkg/FR-2022- 64512, October 25, 2022, https://www.govinfo.gov/content/pkg/FR-2022-
10-25/pdf/2022-23162.pdf. Some forms of IHP financial Housing10-25/pdf/2022-23162.pdf. Some forms of IHP financial Housing
Assistance and all forms of Other NeedsAssistance and all forms of Other Needs
Assistance Assistance
(ONA) are subject(ONA) are subject
to the maximum amount of financial assistance (with some exceptions). Exempted from the to the maximum amount of financial assistance (with some exceptions). Exempted from the
maximum awardmaximum award
amounts are financial assistance toamounts are financial assistance to
rent alternative housing accommodations and funding for rent alternative housing accommodations and funding for
accessibility-related home and personal property repair or replacement costs (42 U.S.C. §5174(h)(1) and (4); FEMA, accessibility-related home and personal property repair or replacement costs (42 U.S.C. §5174(h)(1) and (4); FEMA,
IAPPG, pp. 86 and 146). Additionally, some forms of ONA are subject, pp. 86 and 146). Additionally, some forms of ONA are subject
to further financial limits established byto further financial limits established by
the the
affected state, territory, or affected state, territory, or
Indian tribal government (FEMA, tribal government (FEMA,
IAPPG, pp. 147 and 149; see also 44 C.F.R. §206.120). , pp. 147 and 149; see also 44 C.F.R. §206.120).
21 FEMA,
21 FEMA,
Disaster Operations Legal Reference, v. 4.0, September 25, 2020, 6-31. FEMA, , v. 4.0, September 25, 2020, 6-31. FEMA,
IAPPG, p. 6. See, p. 6. See
also, for also, for
example, FEMA, example, FEMA,
IAPPG, p. 85, explaining that Home Repair Assistance “, p. 85, explaining that Home Repair Assistance “
is intended to make the damaged home safe, is intended to make the damaged home safe,
sanitary, or functional. It is not intended to return the home to its pre-disaster condition.” sanitary, or functional. It is not intended to return the home to its pre-disaster condition.”
22 FEMA,
22 FEMA,
IAPPG, p. 72. , p. 72.
23 FEMA, 23 FEMA,
IAPPG, p. 50. , p. 50.
24 FEMA, 24 FEMA,
IAPPG, pp. 49-51. , pp. 49-51.
25 See FEMA, “ I Applied for Assistance. What ’s Next?” last updated October 6, 2022, https://www.fema.gov/assistance/individual/after-applying.
Congressional Research Service
5
Disaster Survivor FAQ: FEMA Individuals and Households Program
Congressional Research Service
5
Disaster Survivor FAQ: FEMA Individuals and Households Program
How long does it take FEMA to schedule an inspection to assess an IHP applicant’s disaster-caused losses? After an IHP applicant submits an application for assistance, FEMA contacts them via letter or electronic correspondence regarding next steps, and an inspector contacts the IHP applicant to schedule an inspection.25 According to FEMA’s guidance, “FEMA inspectors typically schedule an on-site inspection with the applicant within two weeks after the applicant has registered for disaster assistance.”26 However, according to a 2020 Government Accountability Office (GAO) disaster assistance.”26 However, according to a 2020 Government Accountability Office (GAO)
report on the IHP, from 2016 through 2018, the average time between survivors’ application and report on the IHP, from 2016 through 2018, the average time between survivors’ application and
first inspection was 30 days.27first inspection was 30 days.27
When will FEMA provide awards to IHP applicants?
According to a 2020 GAO report on the IHP, between 2016 and 2018, the average time it took for According to a 2020 GAO report on the IHP, between 2016 and 2018, the average time it took for
a homeowner to be reimbursed was about 37 days.28 An exception to this is the time between an a homeowner to be reimbursed was about 37 days.28 An exception to this is the time between an
application for, and award of, Critical Needs Assistance. FEMA provides Critical Needs application for, and award of, Critical Needs Assistance. FEMA provides Critical Needs
Assistance as a one-time payment of $500 to eligibleAssistance as a one-time payment of $500 to eligible
disaster survivors who claim to have disaster survivors who claim to have
immediate or critical needs for items such as food, medication, or fuel at the time of application immediate or critical needs for items such as food, medication, or fuel at the time of application
because they are displaced from or must leave their primary residence to shelter elsewhere as a because they are displaced from or must leave their primary residence to shelter elsewhere as a
result of the disaster.29 GAO found that “the average time between a survivor’s application date result of the disaster.29 GAO found that “the average time between a survivor’s application date
and award date for Critical Needs Assistance was 1.7 days.”30 and award date for Critical Needs Assistance was 1.7 days.”30
What can an IHP applicant do if they disagree with FEMA’s
determination or if their request for assistance is denied?
IHP applicants have 60 days to appeal FEMA’s determination of their eligibilityIHP applicants have 60 days to appeal FEMA’s determination of their eligibility
for assistance, for assistance,
and can do so by submitting a written appeal and supporting documentation.31 Applicants can and can do so by submitting a written appeal and supporting documentation.31 Applicants can
appeal FEMA’s determinations, including related to their eligibilityappeal FEMA’s determinations, including related to their eligibility
for assistance, the amount for assistance, the amount
and/or specific type(s) of IHP assistance authorized, FEMA’s decision to recoup assistance, and and/or specific type(s) of IHP assistance authorized, FEMA’s decision to recoup assistance, and
FEMA’s rejection of a late application, or any other eligibility-relatedFEMA’s rejection of a late application, or any other eligibility-related
decision. FEMA then decision. FEMA then
assigns a caseworker to review the appeal (and collect additional information, if needed to make a assigns a caseworker to review the appeal (and collect additional information, if needed to make a
determination), and the agency is to provide the determination), and the agency is to provide the
appel antappellant with a written notice of the disposition with a written notice of the disposition
of the appeal within 90 days of its receipt.32 FEMA’s decision is final.33 of the appeal within 90 days of its receipt.32 FEMA’s decision is final.33
Although FEMA does not accept multiple appeals for the same reason, the agency works with
Although FEMA does not accept multiple appeals for the same reason, the agency works with
applicants during the appeal process to request additional information prior to denying an applicants during the appeal process to request additional information prior to denying an
appeal.34 Additional y, appeals related to various types of IHP assistance are treated separately (e.g., a denied appeal for vehicle damage—Transportation Assistance—would not affect an
applicant’s ability to appeal to request additional funding for Home Repair Assistance).35
25 See FEMA, “I Applied for Assistance. What’s Next?” last updated October 6, 2022, https://www.fema.gov/assistance/individual/after-applying.
26 FEMA, 26 FEMA,
IAPPG, p. 73. , p. 73.
27 GAO,27 GAO,
Disaster Assistance: Additional Actions Needed to Strengthen FEMA’s IHP, p. 30 (see section on “, p. 30 (see section on “
T imeTime between key events of the IHP process”). between key events of the IHP process”).
28 GAO,28 GAO,
Disaster Assistance: Additional Actions Needed to Strengthen FEMA’s IHP, p. 30 (see section on “, p. 30 (see section on “
T imeTime between key events of the IHP process”). between key events of the IHP process”).
29 FEMA, 29 FEMA,
IAPPG, p. 164. , p. 164.
30 GAO,30 GAO,
Disaster Assistance: Additional Actions Needed to Strengthen FEMA’s IHP, p. 30 (see footnote 43). , p. 30 (see footnote 43).
31 42 U.S.C.31 42 U.S.C.
§5189a(a); 44 C.F.R. §206.115(a)-(b). §5189a(a); 44 C.F.R. §206.115(a)-(b).
32 42 U.S.C.32 42 U.S.C.
§5189a(b); 44 C.F.R.§5189a(b); 44 C.F.R.
§206.115(f). §206.115(f).
33 44 C.F.R. §206.115(f); FEMA, 33 44 C.F.R. §206.115(f); FEMA,
IAPPG, pp. 66-68. See also FEMA, “, pp. 66-68. See also FEMA, “
How Do I Appeal the Final Decision?” last How Do I Appeal the Final Decision?” last
updated October 5, 2022, https://www.fema.gov/assistance/individual/after-applying/appeals. updated October 5, 2022, https://www.fema.gov/assistance/individual/after-applying/appeals.
34 Email correspondence with FEMA Congressional Affairs staff, August 17, 2022. 35 Email correspondence with FEMA Congressional Affairs staff, August 17, 2022.
Congressional Research Service
6
Disaster Survivor FAQ: FEMA Individuals and Households Program
Congressional Research Service
6
Disaster Survivor FAQ: FEMA Individuals and Households Program
appeal.34 Additionally, appeals related to various types of IHP assistance are treated separately (e.g., a denied appeal for vehicle damage—Transportation Assistance—would not affect an applicant’s ability to appeal to request additional funding for Home Repair Assistance).35
Can FEMA “claw back” IHP assistance that it has already provided
to an IHP recipient?
Federal laws require federal agencies, including FEMA, to identify and recover Federal laws require federal agencies, including FEMA, to identify and recover
improper
payments (i.e., “any payment that should not have been made or that was made in an incorrect (i.e., “any payment that should not have been made or that was made in an incorrect
amount”)—a process known as recoupment.36 Examples of improper payments include amount”)—a process known as recoupment.36 Examples of improper payments include
overpayments, payments made to ineligible recipients, payments used for ineligible services, and overpayments, payments made to ineligible recipients, payments used for ineligible services, and
duplication of benefits.duplication of benefits.
FEMA, however, has some discretion not to pursue recoupment, and may waive a debt owed by an IHP recipient if FEMA provided the assistance in error, and the recipient can show they were not at fault and the collection of the debt would be “against equity and good
conscience.
There are some circumstances, however, when FEMA may not pursue recoupment. FEMA is required to waive recoupment of IHP assistance in two situations, provided the debt does not involve fraud, a false claim, or misrepresentation by the debtor or party having an interest in the claim:
1. “if the covered assistance [i.e., IHP assistance] was distributed based on an error
by the Agency [i.e., FEMA] and such debt shall be construed as a hardship; and
2. “if such [covered] assistance [i.e., IHP assistance] is subject to a claim or legal
action.... ”37 ”37
IHP recipients that receive a notice of potential debt from FEMA may choose to appeal the
IHP recipients that receive a notice of potential debt from FEMA may choose to appeal the
potential debt. If they do not appeal the potential debt or if FEMA denies their appeal, the debt potential debt. If they do not appeal the potential debt or if FEMA denies their appeal, the debt
becomes final, and the individualbecomes final, and the individual
may then pay the debt, unless FEMA must waive the debtmay then pay the debt or request the above-referenced debt
waiver. The onus is on the IHP recipient to demonstrate whether or not a waiver is appropriate.38 .38
Additional Resources
Disaster survivors can learn more about declared Stafford Act emergencies and major disasters by Disaster survivors can learn more about declared Stafford Act emergencies and major disasters by
visitingvisiting
FEMA’s web page for “Declared Disasters,” available at https://www.fema.gov/disaster/FEMA’s web page for “Declared Disasters,” available at https://www.fema.gov/disaster/
declarationsdeclarations
—, including areas designated for assistance (e.g., counties within a state), and specific including areas designated for assistance (e.g., counties within a state), and specific
forms of assistance authorized to support disaster survivors with their recovery (i.e., IA). FEMA’s forms of assistance authorized to support disaster survivors with their recovery (i.e., IA). FEMA’s
web page for “Individual Assistance,” available at https://www.fema.gov/assistance/individual, is web page for “Individual Assistance,” available at https://www.fema.gov/assistance/individual, is
also a resource for disaster survivors navigating the process for requesting and receiving recovery also a resource for disaster survivors navigating the process for requesting and receiving recovery
assistance.
Author Information
Elizabeth M. Webster
Analyst in Emergency Management and Disaster Recovery
assistance.
34 Email correspondence with FEMA Congressional Affairs staff, August 17, 2022. 35 Email correspondence with FEMA Congressional Affairs staff, August 17, 2022. 36 Section 2(d)(2) of the Improper Payments Information Act of 2002 (36 Section 2(d)(2) of the Improper Payments Information Act of 2002 (
IPIA, P.L. 107-300); FEMA, P.L. 107-300); FEMA,
IAPPG, ,
p. pp. 176-178. 178.
37 Section 37 Section
1216(a) of the Disaster Recovery Reform Act of 2018 (Division D of P.L. 115-254); see also FEMA, “Instruction 116-1-2: Individuals and Households Program Recoupment,” v. 2, May 2019. 38 “Appendix C: Waiver Information Sheet” of FEMA, “Instruction 116 -1-2: Individuals and Households Program Recoupment,” v. 2, May 2019, p. 41; FEMA, IAPPG, pp. 181-1825602(a) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (P.L. 117-263). 38 FEMA, IAPPG, pp. 177-182 (see “Figure 33: FEMA Process for Identifying and Validating Debt Payments”). .
Congressional Research Service
Congressional Research Service
7
7
Disaster Survivor FAQ: FEMA Individuals and Households Program
Author Information
Elizabeth M. Webster
Analyst in Emergency Management and Disaster Recovery
Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan
shared staff to congressional committees and Members of Congress. It operates solely at the behest of and shared staff to congressional committees and Members of Congress. It operates solely at the behest of and
under the direction of Congress. Information in a CRS Report should under the direction of Congress. Information in a CRS Report should
n otnot be relied upon for purposes other be relied upon for purposes other
than public understanding of information that has been provided by CRS to Members of Congress in than public understanding of information that has been provided by CRS to Members of Congress in
connection with CRS’s institutional role. CRS Reports, as a work of the United States Government, are not connection with CRS’s institutional role. CRS Reports, as a work of the United States Government, are not
subject to copyright protection in the United States. Any CRS Report may be reproduced and distributed in subject to copyright protection in the United States. Any CRS Report may be reproduced and distributed in
its entirety without permission from CRS. However, as a CRS Report may include copyrighted images or its entirety without permission from CRS. However, as a CRS Report may include copyrighted images or
material from a third party, you may need to obtain the permission of the copyright holder if you wish to material from a third party, you may need to obtain the permission of the copyright holder if you wish to
copy or otherwise use copyrighted material. copy or otherwise use copyrighted material.
Congressional Research Service
Congressional Research Service
R47297
R47297
· VERSION 47 · UPDATED
8
8