§ 4–205.19. Application; assignment of rights for child support.

(a) Application for public assistance shall be accepted from, or on behalf of, any person who believes himself or herself eligible for public assistance. The application shall be made in the manner and form prescribed by the Council, and shall contain such information as the Mayor shall require.

(b) As a condition of eligibility for public assistance, each applicant or recipient shall assign to the District any rights to support from any other person that the applicant or recipient may have in the applicant’s or recipient’s own behalf, or on behalf of any other family member for whom the applicant or recipient is applying for or is receiving assistance.

(1) Is effective as to both current and accrued child support obligations, except as limited by paragraphs (4) and (5) of this subsection;

(2) Takes effect upon a determination that the applicant is eligible for assistance;

(3) Terminates when an applicant ceases to receive assistance except with respect to the amount of any unpaid support obligation accrued under the assignment, as limited by paragraph (4) of this subsection;

(4) With respect to an applicant or recipient of TANF or POWER benefits, shall not exceed the total amount of cash assistance provided to the family and shall not apply with respect to any support, other than support collected pursuant to § 464 of the Social Security Act, approved August 13, 1981 (95 Stat. 860; 42 U.S.C. § 664), that accrued before the family received TANF or POWER benefits and that the District has not collected by:

(A) September 30, 2000, if the assignment is executed on or after October 1, 1997, and before October 1, 2000; or

(B) The date that the family ceases to receive assistance, if the assignment is executed on or after October 1, 2000; and

(5) Beginning on October 1, 2005, shall not apply to up to the first $150 received each 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.

(Apr. 6, 1982, D.C. Law 4-101, § 519, 29 DCR 1060; Feb. 24, 1987, D.C. Law 6-166, § 33(b), 33 DCR 6710; Apr. 20, 1999, D.C. Law 12-241, § 2(v), 46 DCR 905; Oct. 20, 2005, D.C. Law 16-33, § 5032(b), 52 DCR 7503.)

Prior Codifications

1981 Ed., § 3-205.19.

Section References

This section is referenced in § 4-205.19f, § 4-217.07, and § 16-916.01.

Effect of Amendments

D.C. Law 16-33, in subsec. (c)(1), substituted “paragraphs (4) and (5)” for “paragraph (4)”; in subsec. (c)(3), deleted “and” at the end of the subsec; in subsec. (c)(4)(B), substituted “2000; and” for “2000.”; and added subsec. (c)(5).

Emergency Legislation

For temporary amendment of section, see § 2(h) of the Public Assistance Emergency Amendment Act of 1997 (D.C. Act 12-25, February 27, 1997, 44 DCR 1778), and § 2(h) 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(v) of the Self-Sufficiency Promotion Emergency Amendment Act of 1998 (D.C. Act 12-372, June 9, 1998, 45 DCR 4270), § 2(v) of the Self-Sufficiency Promotion Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-425, July 31, 1998, 45 DCR 5682), § 2(v) 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(v) 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(b), 5033 of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).

Temporary Legislation

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

Editor's Notes

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