§ 4–205.15. Standards for inclusion in TANF assistance unit.

(a) An application on behalf of a dependent child shall include in the TANF assistance unit the following individuals, if living in the same household as the dependent child and otherwise eligible:

(1) The parent or parents of a dependent child, except that a parent who marries a person with whom the parent does not have any child in common may, at the parent’s request, choose not to be included in the dependent child’s assistance unit;

(1A) The step-parent of a dependent child, if there is a parent of the dependent child in the home who chooses to be included in the dependent child’s assistance unit; and

(1B) Any dependent child of a step-parent who is included in a dependent step-child’s assistance unit; and

(2) All blood-related, half-blooded-related, and adopted brothers and sisters of the dependent child who are themselves dependent children under age 18 or under 19 years of age and are full-time students in a secondary school (or in the equivalent level of vocational or technical training); and

(3) Repealed.

(b) For the purposes of subsection (a) of this section, the Mayor shall determine the meaning of the term “full-time student” and shall determine which vocational or technical training courses are equivalent to the level of secondary school.

(c) In order to be included in an TANF assistance unit under this section, a dependent child aged 16 or 17 years must be enrolled in a program of secondary education or vocational or technical training.

(d) An application on behalf of a dependent child may include in the TANF assistance unit a caretaker relative other than a parent, provided that neither parent is living in the home and the caretaker relative requests to be included, meets each eligibility requirement, and lives in the same household as the dependent child.

(e) Individuals who are ineligible to receive TANF, and who shall be excluded from the TANF assistance unit during the period of ineligibility, shall include:

(1) An individual who receives SSI benefits;

(2) An alien who is ineligible for TANF as a result of the deeming of a sponsor’s income and resources to the alien pursuant to § 421 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, approved August 22, 1996 (110 Stat. 2105; 8 U.S.C. § 1631);

(3) An alien who is ineligible for TANF because the alien does not meet the citizenship and alienage requirements of § 4-205.24(a);

(4) An individual who is ineligible for TANF as the result of the imposition of a sanction; and

(5) An individual who is ineligible for TANF, pursuant to § 4-205.33, due to receipt of lump-sum income.

(6) Repealed.

(Apr. 6, 1982, D.C. Law 4-101, § 515, 29 DCR 1060; Mar. 14, 1985, D.C. Law 5-150, § 2(d), 31 DCR 6425; Sept. 10, 1985, D.C. Law 6-35, § 2(e), 32 DCR 3778; Sept. 26, 1995, D.C. Law 11-52, § 502(c), 42 DCR 3684; Apr. 20, 1999, D.C. Law 12-241, § 2(r), 46 DCR 905; Dec. 17, 2009, D.C. Law 18-94, § 2(b), 56 DCR 8521; Dec. 24, 2013, D.C. Law 20-61, § 5052(b), 60 DCR 12472.)

Prior Codifications

1981 Ed., § 3-205.15.

Section References

This section is referenced in § 38-1207.01.

Effect of Amendments

D.C. Law 18-94, in subsec. (a), substituted “may, at the parent’s request, choose not to” for “shall not” in par. (1), added pars. (1A) and (1B), and repealed par. (3); and, in subsec. (e), added “and” at the end of par. (4), substituted a period for “; and” at the end of par. (5), and repealed par. (6).

The 2013 amendment by D.C. Law 20-61 substituted “or under 19 years of age and are full-time students in a secondary school (or in the equivalent level of vocational or technical training)” for “or age 18 and expected to complete high school before reaching age 19” in (a)(2); and substituted “the Mayor shall determine the meaning of the term ‘full-time student’ and shall determine which vocational or technical training courses are equivalent to the level of secondary school” for “the Mayor shall determine the meaning of the term ‘full-time student’, shall determine which vocational or technical training courses are equivalent to the level of secondary school, and shall determine which factors will be considered in deciding whether an individual may reasonably be expected to complete the program of study or training before reaching age 19” in (b).

Cross References

Public postsecondary education reorganization, tuition grants, “eligible caretaker relative” and “eligible legal guardian” defined, see § 38-1207.01.

Emergency Legislation

For temporary amendment of section, see § 502(c) of the Multiyear Budget Spending Reduction and Support Emergency Act of 1994 (D.C. Act 10-389, December 29, 1994, 42 DCR 197).

For temporary amendment of section, see § 502(c) of the Omnibus Budget Support Congressional Review Emergency Act of 1995 (D.C. Act 11-124, July 27, 1995, 42 DCR 4160).

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(r) of the Self-Sufficiency Promotion Emergency Amendment Act of 1998 (D.C. Act 12-372, June 9, 1998, 45 DCR 4270), § 2(r) of the Self-Sufficiency Promotion Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-425, July 31, 1998, 45 DCR 5682), § 2(r) 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(r) 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 § 2(b) of Public Assistance Emergency Amendment Act of 2009 (D.C. Act 18-198, October 9, 2009, 56 DCR 8132).

For temporary (90 days) amendment of this section, see § 5052(b) of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827).

For temporary (90 days) amendment of this section, see § 5052(b) of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311).

Temporary Legislation

For temporary (225 day) amendment of section, see § 502(c) of Multiyear Budget Spending Reduction and Support Temporary Act of 1995 (D.C. Law 10-253, March 23, 1995, law notification 42 DCR 1652).

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(r) of Self-Sufficiency Promotion Temporary Amendment Act of 1998 (D.C. Law 12-230, April 20, 1999, law notification 46 DCR 4143).

Short Title

Section 5051 of D.C. Law 20-61 provided that Subtitle F of Title V of the act may be cited as the “Department of Human Services Conforming Amendments Act of 2013”.

Editor's Notes

Applicability of D.C. Law 20-61: Section 11001 of D.C. Law 20-61 provided that, except as otherwise provided, the act shall apply as of October 1, 2013.