§ 4–205.19d. Work participation requirements for TANF recipients.

(a) If the Mayor has assessed a TANF recipient pursuant to § 4-205.19b(a), the TANF recipient shall develop an individual responsibility plan with the Mayor that describes the steps the recipient is required to take to achieve self sufficiency and the services that the District shall provide to assist the recipient in attaining self sufficiency. The individual responsibility plan shall be based on the recipient’s assessment at application.

(a-1) Repealed.

(b) Repealed.

(c) Subject to the exemptions listed in § 4-205.19g(b), a recipient who has developed an individual responsibility plan with the Mayor shall be required, as part of that plan, to participate in work activities, which may include one or more of the following:

(1) Unsubsidized employment;

(2) Subsidized private sector employment;

(3) Subsidized public sector employment;

(4) Work experience;

(5) On-the-job training;

(6) Job search and job readiness assistance;

(7) Community service;

(8) Vocational education training;

(9) Job skills training directly related to employment;

(10) Education directly related to employment;

(10A) Satisfactory attendance in a secondary school or in a general equivalence program; or

(11) Provision of child care services to an individual who is participating in a community service program.

(c-1)(1) The following are work activities and are defined as follows:

(A) “Job search and job readiness” means the act of seeking or obtaining employment or preparation to seek or obtain employment, including: life skills strategies and soft skills training, budget and credit counselling, substance abuse treatment, domestic violence support or services, mental health activities or rehabilitative activities for individuals who are otherwise employable as defined by the Work Verification Plan. Job search and job-readiness activities may count towards the work participation rates for a total of 6 weeks in a year, or 12 weeks in a year for states who meet the criteria established in section 403(b)(5) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, approved August 22, 1996 (110 Stat. 2123; 42 U.S.C. § 603(b)(5)).

(B) “Vocational educational training,” not to exceed 12 months, means education programs that are directly related to the preparation of individuals for employment in current or emerging occupations that are provided by an accredited education or training organization such as a vocational-technical school, community college, post secondary institution, or proprietary school. Courses offered by such programs can include adult basic education, English as a Second Language (“ESL”), and literacy courses; provided, that the courses are part of the vocational training curriculum and are directly related to the preparation of individuals for employment in occupations that require training.

(C) “Job skills training directly related to employment” means training or education for-job skills required by an employer to provide an individual with the ability to obtain employment or to advance or adapt to the changing demands of the workplace. This activity may include post-secondary education at an accredited university or college that leads to a bachelor’s or advanced degree that is directly related to employment.

(D) “Education directly related to employment,” in the case of a recipient who has not received a high school diploma or general educational development certificate (“GED”) and needs specific employment training, means education directly related to a specific job or job offer. This includes adult basic education, literacy, GED, and ESL activities.

(E) “Satisfactory attendance in secondary school or a general equivalence program” means regular attendance at secondary school or in a course of study leading to a certificate of general equivalence, in the case of a recipient who has not completed secondary school or received such a certificate.

(F) “Unsubsidized employment,” means full or part-time employment in the public or private sector that is not subsidized by TANF or any other public program.

(G) “Subsidized private sector employment,” means employment in the private sector for which the employer receives a subsidy from TANF or other public funds to offset some or all of the wages and costs of employing an individual.

(H) “Subsidized public sector employment,” means employment in the public sector for which the employer receives a subsidy from TANF or other public funds to offset some or all of the wages and costs of employing an individual.

(I) “Work experience,” including work associated with the refurbishing of publicly-assisted housing, if sufficient private-sector employment is not available means a work activity performed in return for welfare that provides an individual with an opportunity to acquire the general skills, knowledge, and work habits necessary to obtain employment.

(J) “On-the-job training,” means training in the public or private sector that is given to a paid employee while he or she is engaged in productive work and that provides knowledge and skills essential to the full and adequate performance of the job.

(K) “Community service programs,” mean structured programs and activities in which individuals perform work for the direct benefit of the community under the auspices of public or nonprofit organizations.

(L) “Providing child care services to an individual who is participating in a community service program” means providing child care to enable another TANF or state supplementary payment recipient to participate in a community service program.

(2) Participation in one of the work activities listed in subparagraphs (I) through (L) of paragraph (1) this subsection shall count towards federal work requirements when combined with participation in a work activities [sic] listed in subparagraphs (A) through (H) of paragraph (1) of this subsection for the number of hours specified in 45 CFR §§ 261.31-261.32.

(d) The Mayor shall periodically review each individual responsibility plan and revise each plan, if appropriate.

(e) Notwithstanding any other provision of this subchapter, nothing in this subchapter shall be construed to confer an entitlement to child care for any person.

(f) Subject to the availability of funds, the Mayor may provide monetary incentives to recipients for compliance with the federal work participation standards.

(g) The Mayor may promulgate rules to implement this section.

(Apr. 6, 1982, D.C. Law 4-101, § 519d; as added Apr. 20, 1999, D.C. Law 12-241, § 2(w), 46 DCR 905; Mar. 3, 2010, D.C. Law 18-111, § 5171(b), 57 DCR 181; Apr. 8, 2011, D.C. Law 18-366, § 2(c), 58 DCR 981.)

Prior Codifications

1981 Ed., § 3-205.19d.

Section References

This section is referenced in § 4-205.13a, § 4-205.19e, § 4-205.19g, and § 4-205.19m.

Effect of Amendments

D.C. Law 18-111 added subsecs. (a-1), (f), and (g).

D.C. Law 18-366 rewrote subsecs. (a) and (c)(10); repealed subsecs. (a-1) and (b); and, added subsecs. (c)(10A) and (c-1).

Emergency Legislation

For temporary addition of section, see note to § 4-205.19a.

For temporary (90 day) amendment of section, see § 5171(b) of Fiscal Year 2010 Budget Support Second Emergency Act of 2009 (D.C. Act 18-207, October 15, 2009, 56 DCR 8234).

For temporary (90 day) amendment of section, see § 5171(b) of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345).

Temporary Legislation

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