§ 4–205.49. Special living arrangements.

(a) Recipients of public assistance who are in nursing homes shall receive a payment of $40 per month for clothing and personal needs.

(b) Recipients of public assistance who are in half-way houses for alcoholics or drug addicts shall receive a payment of $170 per month, $150 of which shall be for room, board, and care, and the remaining $20 for clothing and personal needs.

(c) Effective with payments beginning on January 1, 1997, each recipient of Supplemental Security Income or General Public Assistance who lives in a community residence facility that has 50 or fewer residents or an Assisted Living Residence that has 16 or fewer residents shall receive a payment of $631.20 per month, of which $561.20 shall be used for room, board, and care and $70.00 shall be retained by the recipient for clothing and personal needs.

(d) Effective with payments beginning on January 1, 1997, each recipient of Supplemental Security Income who lives in a community residence facility that has a capacity for more than 50 residents or an Assisted Living Residence that has 17 or more residents shall receive a payment of $741.20 per month, of which $671.20 shall be used for room, board, and care and $70.00 shall be retained by the recipient for clothing and personal needs. At no time shall the total number of persons receiving payments from the District pursuant to this subsection exceed 250 persons.

(e) In the event the SSI payment is increased on or after January 1, 1997, the total amount of any increase shall be added to the payment levels authorized by subsections (c) and (d) of this section and shall be used for room, board, and care. The Mayor may increase the payments for clothing and personal needs authorized by subsections (c) and (d) of this section through rulemaking pursuant to subsection (g) of this section.

(e-1)(1) Each District of Columbia resident who receives a Supplemental Security Income payment pursuant to this section and who lives in a community residence facility or an Assisted Living Residence shall receive an additional supplemental payment for room, board, and care.

(2) The additional supplemental payment shall be prorated based upon the amount of supplemental funds forwarded by the District to the federal Social Security Administration divided by the total population of Supplemental Security Income recipients who are residents of the District of Columbia and who live in a community residence facility or an Assisted Living Residence.

(3) This subsection shall apply on the later of the following:

(A) The date of written notice by the District to the federal government that the District intends to eliminate payments to noninstitutionalized SSI recipients;

(B) The date the Social Security Administration provides notice to noninstitutionalized SSI recipients whose supplemental payments are being eliminated; or

(f)(1) For the purposes of this section the term “Assisted Living Residence” shall have the same meaning as given the term in § 44-102.01(4).

(2) For the purposes of this section, the terms “nursing home” and “community residence facility” mean those terms as they are defined in § 44-501(a)(3) and (4).

(g) The Mayor may, pursuant to subchapter I of Chapter 5 of Title 2, set payment levels higher than those established by this section and, with respect to community residence facilities and Assisted Living Residences, vary payment levels according to subtypes different from, or in addition to, those recognized by subsections (c) and (d) of this section.

(h) The Mayor may enter into an agreement with the Secretary of the Department of Health and Human Services for the federal administration of supplemental payments. Payments made pursuant to this section shall be made as long as such payments are required by federal law.

(Apr. 6, 1982, D.C. Law 4-101, § 549, 29 DCR 1060; Mar. 10, 1983, D.C. Law 4-208, § 2(b), 30 DCR 202; June 25, 1986, D.C. Law 6-124, § 2(a), 33 DCR 2940; Feb. 27, 1998, D.C. Law 12-53, § 2(b), 44 DCR 6228; Mar. 20, 1998, D.C. Law 12-60, § 701(n), 44 DCR 7378; Apr. 20, 1999, D.C. Law 12-264, § 14, 46 DCR 2118; June 24, 2000, D.C. Law 13-127, § 1401, 47 DCR 2647.)

Prior Codifications

1981 Ed., § 3-205.49.

Effect of Amendments

D.C. Law 13-127, in subsec. (c), added “or an Assisted Living Residence that has 16 or fewer residents” after “50 or fewer residents”; in subsec. (d) added “or an Assisted Living Residence that has 17 or more residents” after “50 or fewer residents”; in pars. (e-l)(1) and (2) added “or an Assisted Living Residence” after “community residence facility”; in subsec. (f) added a new sentence at the end, which reads “For the purposes of this section the term ‘Assisted Living Residence’ shall have the same meaning as given the term in section 201(4) of the Assisted Living Residence Act of 2000, Bill 13-107, passed by the Council on second reading February 1, 2000.”; and, in subsec. (g) added “and Assisted Living Residences” after the phrase “community residence facilities”.

Emergency Legislation

For temporary amendment of section, see § 2(b) of the Supplemental Security Income Payment Emergency Amendment Act of 1996 (D.C. Act 11-488, January 2, 1997, 44 DCR 659), see § 2(b) of the Supplemental Security Income Payment Congressional Review Emergency Amendment Act of 1997 (D.C. Act 12-43, March 31, 1997, 44 DCR 2093), and see § 2(b) of the Supplemental Security Income Payment Second Congressional Review Emergency Amendment Act of 1997 (D.C. Act 12-202, December 2, 1997, 44 DCR 7495).

For temporary amendment of section, see § 2(n) and (o) of the General Public Assistance Program Termination Emergency Amendment Act of 1997 (D.C. Act 12-72, May 12, 1997, 44 DCR 2989).

For temporary amendment of section, see § 701(n) and (o) of the Fiscal Year 1998 Revised Budget Support Emergency Act of 1997 (D.C. Act 12-152, October 17, 1997, 44 DCR 6196), and see § 701(n) and (o) of the Fiscal Year 1998 Revised Budget Support Congressional Review Emergency Act of 1997 (D.C. Act 12-239, January 13, 1998, 45 DCR 508).

Temporary Legislation

For temporary (225 day) amendment of section, see § 2(b) of Supplemental Security Income Payment Temporary Amendment Act of 1996 (D.C. Law 11-264, April 25, 1997, law notification 44 DCR 2862).

For temporary (225 day) amendment of section, see § 2(n), (o) of General Public Assistance Program Termination Temporary Amendment Act of 1997 (D.C. Law 12-21, September 23, 1997, law notification 44 DCR 5760).

For temporary (225 day) amendment of section, see § 2(o) of Fiscal Year 1998 Revised Budget Support Temporary Act of 1997 (D.C. Law 12-59, March 20, 1998, law notification 45 DCR 2094).

Editor's Notes

Repeal of § 701(n) of Law 12-60: Section 14 of D.C. Law 12-264 provided that § 701(n) of the Fiscal Year 1998 Revised Budget Support Act of 1997, effective March 20, 1998 (D.C. Law 12-60; D.C. Code § 4-205.49(c)), is repealed.

Delegation of Authority

Delegation of Authority Pursuant to the District of Columbia Public Assistance Act of 1982, see Mayor’s Order 2006-50, April 13,