Duplication of Benefits

Duplication of Benefits

HEADNOTES

Pursuant to Stafford Act § 312(a) and 44 C.F.R. § 206.250(c), FEMA may not provide funding that duplicates benefits available to applicants from another source, including insurance. Per FEMA policy, an applicant must notify FEMA of all benefits that it receives or anticipates from other sources for the same purpose, and must seek all such available benefits. The Applicant failed to provide documentation for FEMA to determine whether any Contractor insurance proceeds covered the work on PW 7349. As such, FEMA cannot verify that PA funding would not duplicate benefits available from insurance.

CONCLUSION

The Applicant did not provide documentation for FEMA to determine that PA funding would not duplicate benefits available from the Contractor’s insurance policies, or that the Applicant pursued the maximum insurance recovery available. Therefore, the appeal is denied.

AUTHORITIES

Stafford Act § 312(a). 44 C.F.R. §§ 206.206(a), 206.250(c). Chevra Hatzalah, FEMA-4085-DR-NY, at 6; Dep’t of Transp., FEMA-4068-DR-FL, at 5. DAP9525.3, Duplication of Benefits, Non-Government Funds, at 2. Disaster Assistance Fact Sheet DAP 9580.3, Insurance Considerations for Applicants, at 2. Public Assistance Applicant Handbook, FEMA P-323, at B-2.

44 C.F.R. §§ 206.206(a), 206.250(c)
Duplication of Benefits