2013 US Code
Title 42 - The Public Health and Welfare
Chapter 68 - DISASTER RELIEF (§§ 5121 - 5208)
Subchapter III - MAJOR DISASTER AND EMERGENCY ASSISTANCE ADMINISTRATION (§§ 5141 - 5165d)
Section 5155 - Duplication of benefits
Publication Title | United States Code, 2012 Edition, Supplement 1, Title 42 - THE PUBLIC HEALTH AND WELFARE |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 68 - DISASTER RELIEF SUBCHAPTER III - MAJOR DISASTER AND EMERGENCY ASSISTANCE ADMINISTRATION Sec. 5155 - Duplication of benefits |
Contains | section 5155 |
Date | 2013 |
Laws in Effect as of Date | January 16, 2014 |
Positive Law | No |
Disposition | standard |
Source Credit | Pub. L. 93-288, title III, §312, as added Pub. L. 100-707, title I, §105(i), Nov. 23, 1988, 102 Stat. 4693. |
Statutes at Large References | 88 Stat. 143, 152 102 Stat. 4693 |
Public Law References | Public Law 93-288, Public Law 100-707 |
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The President, in consultation with the head of each Federal agency administering any program providing financial assistance to persons, business concerns, or other entities suffering losses as a result of a major disaster or emergency, shall assure that no such person, business concern, or other entity will receive such assistance with respect to any part of such loss as to which he has received financial assistance under any other program or from insurance or any other source.
(b) Special rules (1) LimitationThis section shall not prohibit the provision of Federal assistance to a person who is or may be entitled to receive benefits for the same purposes from another source if such person has not received such other benefits by the time of application for Federal assistance and if such person agrees to repay all duplicative assistance to the agency providing the Federal assistance.
(2) ProceduresThe President shall establish such procedures as the President considers necessary to ensure uniformity in preventing duplication of benefits.
(3) Effect of partial benefitsReceipt of partial benefits for a major disaster or emergency shall not preclude provision of additional Federal assistance for any part of a loss or need for which benefits have not been provided.
(c) Recovery of duplicative benefitsA person receiving Federal assistance for a major disaster or emergency shall be liable to the United States to the extent that such assistance duplicates benefits available to the person for the same purpose from another source. The agency which provided the duplicative assistance shall collect such duplicative assistance from the recipient in accordance with chapter 37 of title 31, relating to debt collection, when the head of such agency considers it to be in the best interest of the Federal Government.
(d) Assistance not incomeFederal major disaster and emergency assistance provided to individuals and families under this chapter, and comparable disaster assistance provided by States, local governments, and disaster assistance organizations, shall not be considered as income or a resource when determining eligibility for or benefit levels under federally funded income assistance or resource-tested benefit programs.
(Pub. L. 93–288, title III, §312, as added Pub. L. 100–707, title I, §105(i), Nov. 23, 1988, 102 Stat. 4693.)
REFERENCES IN TEXTThis chapter, referred to in subsec. (d), was in the original "this Act", meaning Pub. L. 93–288, May 22, 1974, 88 Stat. 143. For complete classification of this Act to the Code, see Short Title note set out under section 5121 of this title and Tables.
PRIOR PROVISIONSA prior section 5155, Pub. L. 93–288, title III, §315, May 22, 1974, 88 Stat. 152, consisted of similar provisions, prior to repeal by Pub. L. 100–707, §105(i).
A prior section 312 of Pub. L. 93–288 was renumbered section 309 by Pub. L. 100–707 and is classified to section 5152 of this title.
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