Week 4: FEMA Regulations Section 312 Duplication of Benefits

By Murray Wennerlund published 1-12-2024

FEMA Regulations

44 C.F.R. §206.191 implements Stafford Act Section 312, outlining FEMA's policy to prevent benefit duplication. It mandates repayment for duplicated assistance, and agencies providing disaster aid must address or prevent such duplication. The regulation establishes a "delivery sequence" hierarchy to curb waste, fraud, and abuse in program assistance, including benefits duplication.

FEMA policy. It is FEMA policy:
Resource: 44 CFR 206.191(c)

1. To prevent duplication of benefits between its own programs and insurance benefits, and between its own programs and other disaster assistance. Assistance under the Act may be provided in instances where the applicant has not received other benefits to which he/she may be entitled by the time of application and if the applicant agrees to repay all duplicated assistance to the agency providing the Federal assistance;
2. To examine a debt resulting from duplication to determine that the likelihood of collecting the debt and the best interests of the Federal Government justify taking the necessary recovery actions to remedy duplication which has occurred when other assistance has become available;
3. To assure uniformity in preventing duplication of benefits, by consulting with other Federal agencies and by performing selected quality control reviews, that the other disaster relief agencies establish and follow policies and procedures to prevent and remedy duplication among their programs, other programs, and insurance benefits; and
4. To coordinate the effort of agencies providing assistance so that each agency understands the prevention and remedial policies of the others and is able to fulfill its own responsibilities regarding duplication of benefits.