§ 4–205.05. Definitions.

For the purpose of this subchapter, the term:

(1) “Earned income” means income in cash or in kind produced as a result of the performance of services currently rendered by an individual. In the case of an applicant or recipient of TANF, the term “earned income” shall not include the amount of earned income credit or other refundable income tax credit payments actually received, including a periodic payment made pursuant to § 47-1806.04(f)(3).

(2) “Family” means the total applicant or assistance unit.

(3) “Gross income” means total earned income before any deductions required by law.

(4) “Income” means earned or unearned money received by an individual that is of gain or benefit to the individual or assistance unit. The term “income” includes the following: wages; salary; gross income from self-employment; training allowances, stipends or other payments for work experience (to the extent that they are countable as income pursuant to § 4-205.13a); District public assistance payments; federal public assistance payments (to the extent permitted under federal law); pensions; retirement benefits; annuities; unemployment compensation; worker’s compensation; child support or alimony payments made directly to a member of the assistance unit from someone who is not a member of the assistance unit; interest; dividends; scholarships; rent received from a tenant or lessee; and money that is required by District or federal law to be deemed from a person who is not a member of the assistance unit. The term “income” does not include: a non-recurring lump-sum payment (which shall be considered a resource); payments made by a government agency to a third party for child care, housing, or medical assistance; a relocation payment under § 42-2851.05; or direct cash assistance payments received from District-based cash assistance programs or pilot programs that provide unrestricted cash assistance directly to individuals or households and that are administered by a nonprofit organization; or any payment that is specifically excluded by federal or District law from consideration as income for the purpose of determining eligibility for public assistance.

(5) “Mandatory deductions” means those deductions required by law or as a condition of employment.

(Apr. 6, 1982, D.C. Law 4-101, § 505, 29 DCR 1060; Mar. 14, 1985, D.C. Law 5-150, § 2(a), 31 DCR 6425; Sept. 10, 1985, D.C. Law 6-35, § 2(b), 32 DCR 3778; Mar. 15, 1990, D.C. Law 8-86, § 2(a), 37 DCR 48; Apr. 20, 1999, D.C. Law 12-241, § 2(j), 46 DCR 905; Apr. 19, 2002, D.C. Law 14-114,§ 292(b), 49 DCR 1468; Dec. 13, 2022, D.C. Law 24-195, § 2(a), 69 DCR 012709.)

Prior Codifications

1981 Ed., § 3-205.5.

Effect of Amendments

D.C. Law 14-114, in par. (4), substituted “payments made by a government agency to a third party for child care, housing, or medical assistance; a relocation payment under § 42-2851.05;” for “payments made by a government agency to a third party for child care, housing, or medical assistance;”.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 2(a) of Earned Income Tax Credit Expansion Clarification Emergency Amendment Act of 2022 (D.C. Act 24-561, Oct. 17, 2022, 0 DCR 0).

For temporary (90 days) amendment of this section, see § 508(a)(2) of Coronavirus Support Congressional Review Emergency Amendment Act of 2021 (D.C. Act 24-96, June 7, 2021, 68 DCR 006025).

For temporary (90 days) amendment of this section, see § 508(a)(2) of Coronavirus Support Emergency Amendment Act of 2021 (D.C. Act 24-30, Mar. 17, 2021, 68 DCR 003101).

For temporary (90 days) amendment of this section, see § 508(a)(2) of Coronavirus Support Second Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-405, Aug. 19, 2020, 67 DCR 10235).

For temporary (90 days) amendment of this section, see § 508(a)(2) of Coronavirus Support Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-328, June 8, 2020, 67 DCR 7598).

For temporary (90 days) amendment of this section, see § 508(a)(2) of Coronavirus Support Emergency Amendment Act of 2020 (D.C. Act 23-326, May 27, 2020, 67 DCR 7045).

For temporary amendment of section, see § 2(x) of the Public Assistance Emergency Amendment Act of 1997 (D.C. Act 12-25, February 27, 1997, 44 DCR 1778), and § 2(x) of the Public Assistance Legislative Review Emergency Amendment Act of 1997 (D.C. Act 12-77, May 27, 1997, 44 DCR 3181).

For temporary amendment of section, see § 2(x) of the Public Assistance Emergency Amendment Act of 1998 (D.C. Act 12-306, March 20, 1998, 45 DCR 1900).

For temporary amendment of section, see § 2(j) of the Self-Sufficiency Promotion Emergency Amendment Act of 1998 (D.C. Act 12-372, June 9, 1998, 45 DCR 4270), § 2(j) of the Self-Sufficiency Promotion Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-425, July 31, 1998, 45 DCR 5682),§ 2(j) of the Self-Sufficiency Promotion Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-552, December 24, 1998, 46 DCR 521), and § 2(j) of the Self-Sufficiency Promotion Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-19, February 17, 1999, 46 DCR 2492).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 508(a)(2) of Coronavirus Support Temporary Amendment Act of 2021 (D.C. Law 24-9, June 24, 2021, 68 DCR 004824).

For temporary (225 days) amendment of this section, see § 508(a)(2) of Coronavirus Support Temporary Amendment Act of 2020 (D.C. Law 23-130, Oct. 9, 2020, 67 DCR 8622).

For temporary (225 day) amendment of section, see § 2(x) of Public Assistance Temporary Amendment Act of 1997 (D.C. Law 12-7, August 1, 1997, law notification 44 DCR 4639).

For temporary (225 day) amendment of section, see § 2(x) of Public Assistance Temporary Amendment Act of 1998 (D.C. Law 12-130, July 24, 1998, law notification 45 DCR 6501).

For temporary (225 day) amendment of section, see § 2(j) of Self-Sufficiency Promotion Temporary Amendment Act of 1998 (D.C. Law 12-230, April 20, 1999, law notification 46 DCR 4143).