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Return to Professional Judgment |
Loss or Damage to Primary Residence
Sometimes financial aid administrators will be asked to make an
adjustment for loss or damage to the family's primary residence. Such
damage may have been inflicted by fire, hurricane, tornado, flood, or
other natural disaster. Is it appropriate to make an adjustment for
loss or damage to the family's primary residence, given that the net
worth of the primary residence is excluded from consideration by the
Federal need analysis methodology?
When families are faced with the aftermath of a natural disaster, they
will have significant out of pocket expenses, no matter how good their
insurance policy. For example, when the house is completely destroyed,
the family will have to continue making mortgage payments until the
insurance company settles with the lender, in addition to paying
rent. (Amounts provided by the Red Cross usually cover only one month
rent plus security deposit, and often only defray the costs.) In
addition, the insurance may be insufficient to rebuild the structure
and replace the family's belongings.
When a family is a victim of a natural disaster, their losses are not
just limited to the physical structure of the house, but may include:
Don't forget that the emotional toll can be severe, especially if
there was loss of life. It is not unusual for one or more of the
parents to lose their jobs because of the stress.
Financial aid administrators should review the financial impact of the
loss on the family, and make a decision after reviewing the family's
situation. The extent of the insurance settlement should be taken into
account. Possible actions can include making an adjustment to assets
and/or an adjustment to income.
The US Department of Education has indicated after previous natural
disasters, such as
various hurricanes
(DCL GEN-99-27,
DCL 96-L-190,
DCL GEN-95-49),
floods
(DCL 95-L-175,
DCL GEN-96-10)
and other
natural disasters
(DCL GEN-04-04)
that any special aid received by disaster victims from the government
is excluded from income. The Department also relaxed deadlines and SAP
standards, waived verification requirements during the award year for
families whose records were lost or destroyed because of the disaster,
and allowed a special three-month administrative forbearance for
education loans. The Department also encouraged financial aid
administrators to "use professional judgment in order to reflect more
accurately the financial need of students and families affected by
disaster".
These waivers and modifications of statutory and regulatory provisions
were formalized after the passage of the Higher Education Relief
Opportunities for Students Act of 2003 (Public Law 108-76), as
published in the
Federal Register, 68(239):69312-69318, December 12, 2003.
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