§ 4–205.11. TANF need determination.

(a) In determining the need of families who are applying for or receiving TANF, count only payments that are income and then:

(1) Deduct such amount for a work-related expense as the Mayor shall specify through rulemaking. If the individual is self-employed, work expenses directly related to producing the goods or services, and without which the goods or services could not be produced, shall be excluded from the gross earned income total;

(2) Deduct the cost of care of each dependent child, or care of an incapacitated adult living in the same home and receiving TANF or POWER, up to a maximum amount that the Mayor shall specify through rulemaking. The maximum amount deductible for the cost of care of a child may vary depending upon the age of the child;

(3) For initial applicants, determine whether the monthly income, after disregards allowed under paragraph (1) or (2) of this section, exceeds the standard of assistance. If so, the family is ineligible for assistance;

(4) Disregard all of the monthly gross earned income of each child receiving TANF if the child is a full-time student, or is a part-time student provided he is not employed full time. A part-time student must have a school schedule that is equal to at least one half of a full-time curriculum;

(4A)(A) For individuals otherwise found eligible to receive TANF, disregard from the individual’s earned income a specific dollar amount and/or a percentage of the earned income. The Mayor shall establish, through rulemaking, the amount and/or percentage of earned income to be disregarded, the period of time during which any earned income may be disregarded, and other rules necessary to implement this provision. The rules shall reflect the District’s interests in rewarding work, assisting needy families, and promoting self-sufficiency.

(B) To the extent permitted under federal law, in calculating the eligibility for Medicaid (other than Transitional Medicaid) of a child or a family with minor children, the Mayor shall disregard earned income to the same extent that earned income is disregarded under TANF. In calculating eligibility for Transitional Medicaid, subject to the approval of the U.S. Department of Health and Human Services (“HHS”), the Mayor shall disregard income for the first 12 months of Transitional Medicaid pursuant to the provisions established in § 1925(a) of the Social Security Act, approved October 13, 1988 (102 Stat. 2385; 42 U.S.C. § 1396r-6(a)), and shall disregard income for the second 12 months of Transitional Medicaid pursuant to the provisions established in § 1925(b) of the Social Security Act (42 U.S.C. § 1396r-6(b)). Absent approval by HHS, income shall be disregarded pursuant to applicable federal law.

(5) Repealed.

(5A) Repealed.

(6) Income earned by any adult member of the assistance unit shall not be disregarded for any month in which the Department determines that such member:

(A) Within 60 days preceding such month, without good cause (as specified in rules established by the Mayor and adopted by the Council), terminated his or her employment, reduced his or her gross earned income, or refused a bona fide offer of employment;

(B) Voluntarily requested assistance be terminated for the sole purpose of evading any time limit placed on the disregarding of earned income that may be established by rule by the Mayor;

(D) Failed to inform the Mayor, without good cause, about earnings affecting eligibility as required by § 4-205.53(a) or § 4-205.54. The penalty for this failure shall be applied until the recipient’s next periodic report is filed and processed by the Mayor;

(7) Repealed;

(8) Beginning on October 1, 2005, disregard up to the first $150 received per month by the assistance unit that represents a current monthly child support obligation or a voluntary child support payment from an absent parent or spouse;

(9) Disregard any subsidy received under the program established by Chapter 2A of this title; and

(10) Disregard any subsidy received under the pilot program established pursuant to § 4-251.22.

(b) The income and assets of a parent living in the same household as a dependent child, but not included in the assistance unit because the parent is ineligible for TANF, shall be considered available to the assistance unit to the extent that the income and assets of a deemed parent, as defined in § 4-205.22, would be considered available to the assistance unit. The income of a stepparent of the dependent child shall be considered available to the assistance unit to the extent required under § 4-205.22. In the case of a dependent child whose parent is a minor, the income of the minor parent’s own parent or legal guardian living in the same household as the minor parent and the minor parent’s dependent child shall be considered available to the extent required under § 4-205.22.

(Apr. 6, 1982, D.C. Law 4-101, § 511, 29 DCR 1060; Mar. 14, 1985, D.C. Law 5-150, § 2(c), 31 DCR 6425; Sept. 10, 1985, D.C. Law 6-35, § 2(d), 32 DCR 3778; Mar. 15, 1990, D.C. Law 8-86, § 2(b), 37 DCR 48; Oct. 27, 1995, D.C. Law 11-72, § 201(c), 42 DCR 4728; Apr. 18, 1996, D.C. Law 11-110, § 9(a), 43 DCR 530; Apr. 9, 1997, D.C. Law 11-255, § 8(a), 44 DCR 1271; Apr. 20, 1999, D.C. Law 12-241, § 2(m), 46 DCR 905; Oct. 20, 2005, D.C. Law 16-33, § 5032(a), 52 DCR 7503; Mar. 8, 2006, D.C. Law 16-69, § 201, 53 DCR 54; Mar. 2, 2007, D.C. Law 16-191, § 91(a), 53 DCR 6794; Nov. 26, 2019, D.C. Law 23-32, § 201, 66 DCR 13146; Dec. 13, 2022, D.C. Law 24-195, § 2(b), 69 DCR 012709.)

Prior Codifications

1981 Ed., § 3-205.11.

Section References

This section is referenced in § 4-204.05a and § 4-205.10.

Effect of Amendments

D.C. Law 16-33, in subsec. (a)(5A), deleted “and” at end of subsec.; in subsec. (a)(6)(D), substituted “; and” for period at end of subsec.; and added subsec. (a)(8).

D.C. Law 16-69, in subsec. (a)(6)(D), deleted “and” from the end; in subsec. (a)(8), substituted “; and” for a period; and added subsec. (a)(9).

D.C. Law 16-191, in the section heading, substituted “TANF” for “AFDC”.

Expiration of Law

Expiration of Law 11-72

See note to § 4-205.01.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 2(b) 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 § 201 of Close Relative Caregiver Subsidy Pilot Program Establishment Congressional Review Emergency Amendment Act of 2019 (D.C. Act 23-150, Oct. 29, 2019, 66 DCR 14352).

For temporary (90 days) amendment of this section, see § 201 of Close Relative Caregiver Subsidy Pilot Program Establishment Emergency Amendment Act of 2019. (D.C. Act 23-84, July 16, 2019, 66 DCR 8274).

For temporary amendment of section, see § 2(e) and (x) of the Public Assistance Emergency Amendment Act of 1997 (D.C. Act 12-25, February 27, 1997, 44 DCR 1778); § 2(e) and (x) of the Public Assistance Legislative Review Emergency Amendment Act of 1997 (D.C. Act 12-77, May 27, 1997, 44 DCR 3181), and § 2(e) and (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(m) of the Self-Sufficiency Promotion Emergency Amendment Act of 1998 (D.C. Act 12-372, June 9, 1998, 45 DCR 4270), § 2(m) of the Self-Sufficiency Promotion Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-425, July 31, 1998, 45 DCR 5682),§ 2(m) 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(m) of the Self-Sufficiency Promotion Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-19, February 17, 1999, 46 DCR 2492).

For temporary (90 day) amendment of section, see §§ 5032(a), 5033 of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).

For temporary (90 day) amendment of section, see § 201 of Grandparent Caregivers Pilot Program Establishment Emergency Act of 2006 (D.C. Act 16-278, February 22, 2006, 53 DCR 1459).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 201 of Close Relative Caregiver Subsidy Pilot Program Establishment Temporary Amendment Act of 2019 (D.C. Law 23-25, Oct. 24, 2019, 66 DCR 12081).

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

Short Title

Short title of subtitle D of title V of Law 16-33: Section 5031 of D.C. Law 16-33 provided that subtitle D of title V of the act may be cited as the Child Support Pass-through Establishment Amendment Act of 2005.

Editor's Notes

Section 5033 of D.C. Law 16-33 provided: “Sec. 5033. Applicability. This subtitle shall apply as of April 1, 2006.”