§ 4–217.05. Determination of need.

(a) The Mayor, in determining the need for public assistance, shall permit:

(1) Repealed.

(2) Applicants for, or recipients of, TANF to retain resources up to the maximum allowable amount of resources that would be permitted to be retained by a household under the Food Stamp Program established pursuant to the Food Stamp Act of 1977, approved September 29, 1977 (91 Stat. 958; 7 U.S.C. § 2011 et seq.) (“Food Stamp Program”), if the Food Stamp household were composed of the members of the TANF assistance unit.

(3) If any real or personal property, including liquid assets, is jointly owned by a member of an assistance unit and another person who is not a member of an assistance unit, the value shall be divided equally among the co-owners and only the portion of the assistance unit member(s) shall be considered as available.

(b) The following shall not be considered resources for the purposes of determining the resources of applicants or recipients of TANF under subsection (a) (2) of this section:

(1) The value of a home which is the usual residence of the assistance unit;

(2) The value of a licensed vehicle, to the extent permitted under the Food Stamp Program to a household composed of the same members as constitute the TANF assistance unit.

(3) The value of 1 burial plot for each member of the assistance unit. The Mayor shall define the term “burial plot” for the purpose of this exclusion.

(4) The equity value of bona fide funeral agreements, up to a total of $1,500 per person, for each member of the assistance unit;

(5) Real property, for a period of 9 months, that the family unit is making a good faith effort to sell if the family agrees to sign an agreement to dispose of the property and to use the proceeds of the sale to repay any TANF benefits it would not have received if the property had been sold at the beginning of the period. The family will not have to repay an amount greater than the net proceeds from the sale. If there are any remaining proceeds, these proceeds shall be considered a resource. If the property has not been sold within the specified time period, or eligibility stops for any other reason, the entire amount of aid paid during the period shall be treated as an overpayment. The Mayor shall define “good faith effort” for the purpose of this exclusion; and

(6) Basic maintenance items essential to day-to-day living, as defined by the Mayor.

(Apr. 6, 1982, D.C. Law 4-101, § 1705, 29 DCR 1060; Mar. 14, 1985, D.C. Law 5-150, § 2(h), 31 DCR 6425; Sept. 10, 1985, D.C. Law 6-35, § 2(r), 32 DCR 3778; Mar. 20, 1998, D.C. Law 12-60, § 701(y), 44 DCR 7378; Apr. 20, 1999, D.C. Law 12-241, § 2(vvv), 46 DCR 905; Mar. 2, 2007, D.C. Law 16-191, § 91(b), 53 DCR 6794.)

Prior Codifications

1981 Ed., § 3-217.5.

Section References

This section is referenced in § 4-205.10.

Effect of Amendments

D.C. Law 16-191, in the lead-in language and par. (5) of subsec. (b), substituted “TANF” for “AFDC”.

Emergency Legislation

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(y) 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(y) 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(y) 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).

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(vvv) of the Self-Sufficiency Promotion Emergency Amendment Act of 1998 (D.C. Act 12-372, June 9, 1998, 45 DCR 4270), § 2(vvv) of the Self-Sufficiency Promotion Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-425, July 31, 1998, 45 DCR 5682), § 2(vvv) 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(vvv) of the Self-Sufficiency Promotion Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-19, February 17, 1999, 46 DCR 2492).

Temporary Legislation

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(y) 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 § 701(y) of Fiscal Year 1998 Revised Budget Support Temporary Act of 1997 (D.C. Law 12-59, March 20, 1998, law notification 45 DCR 2094).

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(vvv) 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

Application of Law 12-60: Section 2002 of D.C. Law 12-60 provided that the act shall apply as of October 1, 1997.