(a) Public assistance may be awarded to, or on behalf of, any needy individual who is eligible for one of the categories of public assistance established by subchapter II of this chapter.
(b) Notwithstanding any other provision of this subchapter, no person shall be rendered ineligible for public assistance by reason of a civil violation of § 48-1201.
§ 4–205.02. Residency requirement.
The Mayor in determining eligibility for a person to receive TANF, GAC, and Emergency Shelter Family Services benefits shall not impose, as a condition of eligibility, any residence requirement which excludes any individual who resides in the District.
§ 4–205.03. Determination of residency.
(a) A resident of the District of Columbia is one who is living in the District of Columbia voluntarily and not for a temporary purpose; that is, one with no intention of presently removing himself or herself therefrom. A child is residing in the District if he or she is making his or her home in the District.
(b) Temporary absence from the District, with subsequent returns to the District, or intent to return when the purposes of the absence have been accomplished, shall not interrupt continuity of residence.
(c) Residence as defined for eligibility purposes shall not depend upon the reason for which the individual entered the District, except insofar as it may bear on whether he is there for a temporary purpose.
§ 4–205.04. Relocation of recipients to another jurisdiction.
Recipients of assistance from the District who move to another jurisdiction with intent to remain in that State shall be ineligible to receive assistance from the District immediately upon the date of the recipient’s last day of residency in the District of Columbia.
§ 4–205.05. Definitions.
For the purpose of this subchapter, the term:
(1) “Earned income” means income in cash or in kind produced as a result of the performance of services currently rendered by an individual. In the case of an applicant or recipient of TANF, the term “earned income” shall not include the amount of earned income credit or other refundable income tax credit payments actually received, including a periodic payment made pursuant to § 47-1806.04(f)(3).
(2) “Family” means the total applicant or assistance unit.
(3) “Gross income” means total earned income before any deductions required by law.
(4) “Income” means earned or unearned money received by an individual that is of gain or benefit to the individual or assistance unit. The term “income” includes the following: wages; salary; gross income from self-employment; training allowances, stipends or other payments for work experience (to the extent that they are countable as income pursuant to § 4-205.13a); District public assistance payments; federal public assistance payments (to the extent permitted under federal law); pensions; retirement benefits; annuities; unemployment compensation; worker’s compensation; child support or alimony payments made directly to a member of the assistance unit from someone who is not a member of the assistance unit; interest; dividends; scholarships; rent received from a tenant or lessee; and money that is required by District or federal law to be deemed from a person who is not a member of the assistance unit. The term “income” does not include: a non-recurring lump-sum payment (which shall be considered a resource); payments made by a government agency to a third party for child care, housing, or medical assistance; a relocation payment under § 42-2851.05; or direct cash assistance payments received from District-based cash assistance programs or pilot programs that provide unrestricted cash assistance directly to individuals or households and that are administered by a nonprofit organization; or any payment that is specifically excluded by federal or District law from consideration as income for the purpose of determining eligibility for public assistance.
(5) “Mandatory deductions” means those deductions required by law or as a condition of employment.
§ 4–205.05a. General Assistance for Children program.
(a) A General Assistance for Children program is established to provide the same benefits for a child as the child would receive under TANF if the child’s caretaker could demonstrate a family relationship with the child that is required in the TANF program. The needs of a caretaker shall not be considered when determining of an assistance unit’s GAC benefits. A caretaker of a child receiving GAC shall not be considered a GAC recipient, or a member of the GAC assistance unit, even if the caretaker receives the payment on the child’s behalf.
(b) In order to be eligible for GAC assistance benefits an applicant must pursue all available federal benefits prior to approval of GAC benefits.
(c) All provisions of this chapter that apply to determinations of eligibility for and payments of TANF shall apply to determinations of eligibility for and payments of GAC, except that:
(1) The income, assets, and resources of the caretaker shall not be considered in determining eligibility of the assistance unit for GAC; and
(2) An assistance unit headed by a minor shall be ineligible to receive GAC.
(c-1)(1) GAC benefits shall only be provided for a child if the child’s caretaker can produce authorization from the child’s legally responsible relative or a court of competent jurisdiction designating the applicant as the temporary or permanent caretaker for the child, to the extent such authorization is reasonably obtainable by the caretaker. The Mayor shall specify what constitutes a valid authorization, but shall not require as a condition of eligibility that any specific court action is required concerning the care of the child.
(2) Where authorization from the child’s legally responsible relative is not reasonably obtainable by the caretaker, the caretaker may offer other proof of a custodial relationship between the caretaker and the child. Proof may include, but is not limited to, leases indicating that the child lives with the caretaker, medical records, or school records bearing the caretaker’s signature or affidavits from teachers, social workers, medical staff, or other professionals involved in the family’s life.
(d) Repealed.
(e) The earnings of a GAC program child who is a full-time student and who is employed full-time or part-time, or who is a part-time student and who is employed part-time, shall be disregarded.
(f) The following amounts shall be disregarded from the gross monthly earnings of a GAC program child who is a part-time student and employed full-time: The first $7.50, mandatory payroll deductions, and the cost of producing income, as determined by rule by the Mayor.
(g) If the source of income is other than that provided for in subsection (d), (e), or (f) of this section, no more than $7.50 shall be disregarded.
§ 4–205.06. Old Age Assistance and Aid to the Permanently and Totally Disabled need determination. [Repealed]
Repealed.
§ 4–205.07. Aid to the Blind need determination. [Repealed]
Repealed.
§ 4–205.08. GPA need determination. [Repealed]
Repealed.
§ 4–205.09. AB and ATD self-supporting plans. [Repealed]
Repealed.
§ 4–205.10. TANF income eligibility standards.
(a) When the gross income of family applying for, or receiving TANF exceeds 100% of the standard of assistance for a family of the same composition, as set forth in § 4-205.52, the family is not eligible for assistance. Income deemed from stepparents shall be counted in gross family income to the extent permitted pursuant to § 4-205.22. Income deemed from an alien sponsor shall be counted in gross family income to the extent required by § 421 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, approved August 22, 1996 (110 Stat. 2105; 8 U.S.C. § 1631). Payments to correct underpayments to TANF or POWER recipients are not considered income or as a resource either in the month the payment is made or in the following month.
(b) If the gross income, computed pursuant to subsection (a) of this section, is 100% or less of the standard of assistance, financial conditions of eligibility shall be calculated in accordance with § 4-205.11, 4-205.29, 4-205.33(b), and 4-217.05.
§ 4–205.11. TANF need determination.
(a) In determining the need of families who are applying for or receiving TANF, count only payments that are income and then:
(1) Deduct such amount for a work-related expense as the Mayor shall specify through rulemaking. If the individual is self-employed, work expenses directly related to producing the goods or services, and without which the goods or services could not be produced, shall be excluded from the gross earned income total;
(2) Deduct the cost of care of each dependent child, or care of an incapacitated adult living in the same home and receiving TANF or POWER, up to a maximum amount that the Mayor shall specify through rulemaking. The maximum amount deductible for the cost of care of a child may vary depending upon the age of the child;
(3) For initial applicants, determine whether the monthly income, after disregards allowed under paragraph (1) or (2) of this section, exceeds the standard of assistance. If so, the family is ineligible for assistance;
(4) Disregard all of the monthly gross earned income of each child receiving TANF if the child is a full-time student, or is a part-time student provided he is not employed full time. A part-time student must have a school schedule that is equal to at least one half of a full-time curriculum;
(4A)(A) For individuals otherwise found eligible to receive TANF, disregard from the individual’s earned income a specific dollar amount and/or a percentage of the earned income. The Mayor shall establish, through rulemaking, the amount and/or percentage of earned income to be disregarded, the period of time during which any earned income may be disregarded, and other rules necessary to implement this provision. The rules shall reflect the District’s interests in rewarding work, assisting needy families, and promoting self-sufficiency.
(B) To the extent permitted under federal law, in calculating the eligibility for Medicaid (other than Transitional Medicaid) of a child or a family with minor children, the Mayor shall disregard earned income to the same extent that earned income is disregarded under TANF. In calculating eligibility for Transitional Medicaid, subject to the approval of the U.S. Department of Health and Human Services (“HHS”), the Mayor shall disregard income for the first 12 months of Transitional Medicaid pursuant to the provisions established in § 1925(a) of the Social Security Act, approved October 13, 1988 (102 Stat. 2385; 42 U.S.C. § 1396r-6(a)), and shall disregard income for the second 12 months of Transitional Medicaid pursuant to the provisions established in § 1925(b) of the Social Security Act (42 U.S.C. § 1396r-6(b)). Absent approval by HHS, income shall be disregarded pursuant to applicable federal law.
(5) Repealed.
(5A) Repealed.
(6) Income earned by any adult member of the assistance unit shall not be disregarded for any month in which the Department determines that such member:
(A) Within 60 days preceding such month, without good cause (as specified in rules established by the Mayor and adopted by the Council), terminated his or her employment, reduced his or her gross earned income, or refused a bona fide offer of employment;
(B) Voluntarily requested assistance be terminated for the sole purpose of evading any time limit placed on the disregarding of earned income that may be established by rule by the Mayor;
(C) Without good cause, failed to file the periodic report required for that period on time; or
(D) Failed to inform the Mayor, without good cause, about earnings affecting eligibility as required by § 4-205.53(a) or § 4-205.54. The penalty for this failure shall be applied until the recipient’s next periodic report is filed and processed by the Mayor;
(7) Repealed;
(8) Beginning on October 1, 2005, disregard up to the first $150 received per 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;
(9) Disregard any subsidy received under the program established by Chapter 2A of this title; and
(10) Disregard any subsidy received under the pilot program established pursuant to § 4-251.22.
(b) The income and assets of a parent living in the same household as a dependent child, but not included in the assistance unit because the parent is ineligible for TANF, shall be considered available to the assistance unit to the extent that the income and assets of a deemed parent, as defined in § 4-205.22, would be considered available to the assistance unit. The income of a stepparent of the dependent child shall be considered available to the assistance unit to the extent required under § 4-205.22. In the case of a dependent child whose parent is a minor, the income of the minor parent’s own parent or legal guardian living in the same household as the minor parent and the minor parent’s dependent child shall be considered available to the extent required under § 4-205.22.
§ 4–205.11a. Time limit for receipt of TANF benefits.
(a) Federally-funded TANF benefits shall not be provided to any assistance unit that includes an adult who has received federally-funded TANF benefits for 60 months (whether or not consecutive) after February 28, 1997.
(b) In determining the number of months during which an individual has received federally-funded TANF benefits, the District shall disregard any month for which TANF benefits were provided with respect to the individual when the individual was:
(1) A minor child; and
(2) Not the head of an assistance unit or married to the head of an assistance unit.
(c) For purposes of this section, a TANF recipient shall not be considered to have been provided benefits in any month in which the recipient did not actually receive TANF benefits, pursuant to § 4-205.51, because the benefit check prior to adjustments would have been less than $10.
(d) In determining the number of months during which an adult has received federally funded TANF benefits, any month shall be disregarded if during that month the adult lived in Indian country (as defined in 18 U.S.C. § 1151) or in an Alaskan Native village, if the most reliable data available with respect to the month or a period that includes the month indicate that at least 50% of the adults living in Indian country or in the Alaskan Native village were not employed.
(e) The Mayor may exempt an assistance unit from the requirements of subsection (a) of this section by reason of hardship or if the assistance unit includes an individual who has been battered or subject to extreme cruelty. For purposes of this subsection, an individual has been battered or subject to extreme cruelty if that individual has been subjected to:
(1) Physical acts that resulted in, or threatened to result in, physical injury to the individual;
(2) Sexual abuse;
(3) Sexual activity involving a dependent child;
(4) Forced engagement in nonconsensual sexual acts or activities;
(5) Threats of, or attempts at, physical or sexual abuse;
(6) Mental abuse; or
(7) Neglect or deprivation of medical care.
(f) A monthly average of no more than 20% of the average monthly number of assistance units for which federally-funded TANF benefits are provided during the current fiscal year or the prior fiscal year (as the Mayor may elect) may be exempt under subsection (e) of this section.
§ 4–205.11b. Reduction of benefits for long-term TANF recipients. [Repealed]
§ 4–205.13. Enumerated income disregarded. [Repealed]
Repealed.
§ 4–205.13a. Treatment of payment for costs of work participation.
A stipend, allowance, or any other payment to a public assistance recipient reimbursing the recipient for the reasonable costs of participation in a work activity (as described in § 4-205.19d(c)) shall be excluded from income only to the extent any such stipend, allowance, or other payment would be excluded from income under the Food Stamp Program pursuant to 7 U.S.C. § 2011 et seq. and 7 C.F.R. § 273.9(b) and (c).
§ 4–205.14. Determination of GPA need standard. [Repealed]
Repealed.
§ 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.
§ 4–205.16. Contribution guidelines for nonassistance unit children. [Repealed]
Repealed.
§ 4–205.17. Definitions. [Repealed]
Repealed.
§ 4–205.18. Child’s eligibility.
(a) A needy child is eligible for TANF.
(b) Repealed.
(c) Repealed.
(d)(1) A minor child otherwise eligible for TANF benefits under this section, who has been, or is expected by a parent, guardian, or other caretaker to be absent from the home for more than 90 consecutive days shall be ineligible to receive TANF benefits unless the Mayor determines, in accordance with rules promulgated by the Mayor, that there is good cause for the child to be absent from the home for more than 90 days and continue to receive TANF benefits.
(2) A parent, guardian, or other caretaker of a minor child shall be determined ineligible to receive TANF benefits if the parent, guardian, or caretaker fails to notify the Mayor of the absence of the child from the home after the 5-day period beginning with the date on which it becomes clear to the parent, guardian, or caretaker that the child will be absent from the home for more than 90 consecutive days.
(e) Nothing in this section shall be interpreted to preclude the Mayor from sanctioning any or all members of an assistance unit for failure to comply with TANF program rules, if such sanction is otherwise permitted under this this chapter; provided, that no sanction under this subchapter, or regulations implementing this subchapter, shall exceed 6% of the assistance unit's TANF benefits.
§ 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.
(c) The assignment referred to in subsection (b) of this section:
(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.
§ 4–205.19a. Redetermination of eligibility.
(a) For purposes of §§ 4-205.19b, 4-205.19c, 4-205.19f and 4-205.19g, a TANF recipient shall be considered an applicant for TANF benefits at each time of redetermination of eligibility for TANF. When a current TANF recipient is considered to be an applicant pursuant to this subsection, the Mayor may require the individual to participate in a work activity other than job search or job readiness in order to comply with this section, and § 4-205.19c shall apply if the individual fails to comply with any such work activity that the Mayor may require.
(b) As part of the redetermination of eligibility, a TANF recipient shall be provided information about the POWER program and screened for POWER eligibility. TANF applicants and recipients shall be permitted to affirmatively submit applications for POWER.
(c) Repealed.
(d) The Mayor, or his designee, shall inform all TANF recipients and applicants of the eligibility criteria for POWER.
(e) Other than victims of domestic violence, pursuant to § 4-205.72a(a)(2)(A), no TANF recipients eligible for POWER pursuant to § 4-205.72a may receive case management services beyond the services currently being received on December 24, 2013, unless the Department of Human Services deems such services as necessary and funding is available.
§ 4–205.19b. Job search and job readiness requirements for TANF applicants.
(a)(1) Using a standard process and mechanism, the Mayor shall make a detailed assessment of the skills, prior work experience, employability, and barriers to employment, including domestic violence, mental health, and substance abuse (“assessment”) of each TANF recipient.
(2) As a condition of eligibility, all TANF applicants shall complete the assessment.
(3) Staff responsible for administering the assessment shall receive specific training regarding the administration of the assessment and the follow-up services and programs available to eligible TANF recipients. Training shall include a focus on identifying barriers to employment, such as issues of domestic violence, mental health, and substance abuse.
(a-1) As a condition of eligibility, all work-eligible TANF applicants shall complete an employment program orientation.
(b)(1) Following the assessment and a positive eligibility determination, a TANF recipient in a single-parent assistance unit shall be required to sign and comply with an agreement to participate in work activities as a condition of continuing eligibility for TANF benefits when the recipient:
(A) Has a child under 6 years of age and is not engaged in paid employment for at least 20 hours per week (or an average of 80 hours per month); or
(B) Has a child 6 years of age and is not engaged in paid employment for at least 30 hours per week (or an average of 120 hours per month).
(2) The Mayor shall determine the nature and scope of the work activities that shall be required based on the person’s assessment; provided, that the Mayor shall not require the TANF recipient to participate in work activities for more than 35 hours per week.
(3) This subsection shall not apply to a TANF recipient who is exempt pursuant to § 4-205.19g or subject to the school-attendance requirements of § 4-205.65.
(c) Following the assessment, each parent in a 2-parent assistance unit who is not engaged in paid employment for at least 35 hours per week (or an average of 140 hours per month) and who is not required to meet the school attendance requirements of § 4-205.65 shall be required to sign and comply with an agreement to participate in job search or job readiness activities as a condition of eligibility for TANF benefits, unless the TANF recipient is exempt pursuant to § 4-205.19f, or the other parent in the family is engaged in paid employment and the 2 parents together work for at least 35 hours per week (or for at least 55 hours per week, if the family receives federally-funded child care and no adult in the family has a disability, or caring for a child disability). The Mayor shall determine the nature and scope of the activities based on the assessment. In no event shall the Mayor require the TANF recipient to participate in job search or job readiness activities for more hours than would be necessary for the combined number of hours of participation of both parents to equal 35 hours per week (or 55 hours per week, if the family receives federally-funded child care and no adult in the family has a disability, or caring for a child with a disability).
(d) The Mayor shall promulgate rules to:
(1) Screen and identify applicants with a history of domestic violence while maintaining the confidentiality of such persons;
(2) Refer such individuals to counseling and supportive services; and
(3) Waive, pursuant to a determination of good cause, other program requirements in cases where compliance with such requirements would make it more difficult for such individuals to escape domestic violence or unfairly penalize such individuals who are or have been victimized by such violence, or individuals who are at risk of further domestic violence.
§ 4–205.19c. Failure to comply with job search and job readiness requirements for TANF applicants.
(a) If a TANF applicant who is not exempt pursuant to § 4-205.19g(a) fails, without good cause, to participate in work activities pursuant to § 4-205.19b, the failure shall result in a sanction pursuant to § 4-205.19f.
(b) The Mayor shall promulgate rules defining what constitutes good cause for failure to participate in work activities, in addition to those circumstances described in subsections (c), (d), and (e) of this subsection. The rules promulgated by the Mayor shall require that notice be provided to TANF applicants of what constitutes good cause for failure to participate in work activities.
(c) The Mayor shall not sanction a TANF applicant based on the failure of an applicant to participate in work activities if the Mayor has failed to make a preliminary assessment pursuant to § 4-205.19b(a).
(d) The Mayor shall not sanction a TANF applicant based on the failure of a TANF applicant to participate in work activities if the applicant is a single custodial parent caring for a child under 6 years old, and the applicant proves that he or she has a demonstrated inability, as determined by the Mayor, to obtain needed child care for one or more of the following reasons:
(1) Appropriate child care within a reasonable distance from the applicant’s home or work site is unavailable;
(2) Informal child care by a relative or under other arrangements is unavailable or unsuitable; or
(3) Appropriate and affordable formal child care arrangements are unavailable.
(e)(1) The Mayor shall not sanction a TANF applicant for failure to participate in work activities if the Mayor controls the availability of placements in those activities and a placement in those activities is not available to the applicant.
(2) This subsection shall not apply if the Mayor makes a placement in another activity available to the applicant, provided that the replacement activity is consistent with the terms of the applicant’s agreement to participate in work activities.
(f) Notwithstanding subsection (c), (d), or (e) of this section, the Mayor may sanction a TANF applicant if the applicant quits paid employment without good cause or voluntarily reduces income without good cause within 60 days before the determination of eligibility for TANF.
§ 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.
§ 4–205.19e. Failure to comply with work requirements for TANF recipients.
(a) If a nonexempt TANF recipient fails, without good cause, to participate in an assessment pursuant to § 4-205.19d(a), to enter into an individual responsibility plan developed pursuant to § 4-205.19d(b) [(b) repealed], or to comply with the terms of such a plan, the failure shall result in a sanction pursuant to § 4-205.19f.
(b) The Mayor shall promulgate rules defining what constitutes good cause for failure to comply with an individual responsibility plan, in addition to those circumstances described in subsections (c), (d), and (e) of this section. The rules promulgated by the Mayor shall require that notice be provided to TANF recipients of what constitutes good cause for failure to comply with an individual responsibility plan.
(c) The Mayor shall not sanction a TANF recipient based on the failure of the recipient to participate in work activities if the recipient is a single custodial parent caring for a child under 6 years old, and the recipient proves that the recipient has a demonstrated inability, as determined by the Mayor, to obtain needed child care for one or more of the following reasons:
(1) Appropriate child care within a reasonable distance from the recipient’s home or work site is unavailable;
(2) Informal child care by a relative or under other arrangements is unavailable or unsuitable; or
(3) Appropriate and affordable formal child care arrangements are unavailable.
(d) Repealed.
(e)(1) The Mayor shall not sanction a TANF recipient for failure to participate in work activities specified in an individual responsibility plan if the Mayor provides those activities and placement in those activities is limited such that those services are not yet available to the recipient.
(2) This subsection shall not apply if the Mayor makes a placement in another activity available to the recipient, provided that the replacement activity is consistent with the terms of the recipient’s individual responsibility plan.
(f) Notwithstanding subsections (c), (d), or (e) of this section, the Mayor shall sanction a TANF recipient if the recipient quits paid employment without good cause or voluntarily reduces income without good cause within 60 days before the determination of eligibility for TANF or during the period in which the recipient receives TANF.
§ 4–205.19f. Sanctions.
(a) Repealed.
(b) The Mayor shall not consider an applicant or recipient to have complied with program requirements until the individual participates satisfactorily for at least one week.
(c) Notwithstanding subsection (b) of this section, if the Mayor cannot schedule the applicant or recipient for participation, by no fault of the applicant or recipient, the Mayor shall consider the applicant or recipient to have complied on the day the applicant or recipient notifies the Mayor that he or she agrees to participate.
(d) If a sanction terminates because the TANF applicant or recipient complies with program requirements, the applicant or recipient shall not receive TANF benefits for the remainder of the month of compliance, and instead shall begin receiving TANF benefits again in the following month, for the following month, and for subsequent months so long as the recipient continues to comply and remains otherwise eligible.
(e) A TANF applicant or recipient who is aggrieved by the Mayor’s action concerning a sanction may seek redress under subchapter X of this chapter. A TANF applicant or recipient who has been sanctioned shall not be entitled to a conciliation process.
(f) If a TANF recipient fails to complete his or her annual review or is otherwise terminated while under sanctions, and makes a new application for benefits, the TANF applicant shall:
(1) Undergo an assessment and orientation pursuant to § 4-205.19(b); and
(2) Shall remain under the same level of sanction until in compliance pursuant to subsection (b) of this section.
(g)(1) For the purposes of this subsection, an assistance unit's TANF benefits shall consist of the following portions:
(A) 80% is designated for the child or children of the assistance unit; and
(B) 20% is designated for the adult member or members of the assistance unit.
(2) No sanction under this subchapter, or regulations implementing this subchapter, shall reduce the portion of an assistant unit's TANF benefits that is designated for the child or children of the assistance unit.
(3) The Department of Human Services shall impose a 30% reduction of the portion of the assistance unit's TANF benefits designated for the adult member or members of the assistance unit when a TANF recipient is found to be in noncompliance with this subchapter, or regulations implementing this subchapter.
§ 4–205.19g. Exemptions.
(a) The Mayor shall promulgate rules describing those categories of TANF applicants who are exempt from the requirements of § 4-205.19b(b) [(b) repealed]. The rules promulgated by the Mayor shall require that notice be provided to TANF applicants of the exemptions from the requirements of § 4-205.19b. Exempt TANF applicants shall include, at a minimum:
(1) Minors who are not the head of an assistance unit, including minors in payee-only cases;
(2) Individuals in a single-parent assistance unit who are already working in volunteer employment, work experience, or participating in another activity that has been approved by the Mayor as work participation, if, in the discretion of the Mayor, the participation in the activity is likely to lead to paid employment within the next 3 months, and the individual is participating in the activity for:
(A) 20 hours or more per week, or an average of 80 hours or more per month, during the period of October 1, 1997, through September 30, 1998;
(B) 25 hours or more per week, or an average of 100 hours or more per month, during the period of October 1, 1998, through September 30, 1999; or
(C) 30 hours or more per week, or an average of 120 hours or more per month, after September 30, 1999;
(3) Individuals in a two-parent assistance unit who are already working in volunteer employment, work experience, or participating in another activity that has been approved by the Mayor as work participation, if, in the discretion of the Mayor, the participation in the activity is likely to lead to paid employment within the next 3 months, and the total number of hours in which the individual and the other parent in the assistance unit are participating is at least 35 hours per week (or 55 hours per week, if the family receives federally-funded child care and no adult in the family has a disability or is caring for a child with a disability).
(4) Single custodial parents caring for a child less than 12 months old;
(5) Applicants more than 60 years old;
(6) With respect to the District-funded portion of TANF, individuals who are enrolled in local, accredited post-secondary educational institutions.
(b) The Mayor shall promulgate rules describing those categories of TANF recipients who are exempt from the requirements of § 4-205.19d(b) [(b) repealed], (c), and (d). The rules promulgated by the Mayor shall require that notice be provided to TANF recipients of the exemptions from the requirements of § 4-205.19d(b) [(b) repealed], (c), and (d). Exempt TANF recipients shall include, at a minimum:
(1) Minor who are not the heads of assistance units, including minors in payee-only cases;
(2) Single custodial parents caring for a child less than 12 months old; and
(3) Recipients more than 60 years old.
(c) Any TANF applicant or recipient who is exempt from mandatory participation in job search, job readiness, or work activities shall be permitted to participate in those activities on a voluntary basis to the extent that participation opportunities are available and the District’s resources otherwise permit.
§ 4–205.19h. Administration of job search, job readiness, work, and self-sufficiency activities.
(a) Subject to other applicable provisions of District law, the Mayor may contract with a nongovernmental entity to perform all or part of the operation of job search, job readiness, other work activity, or self sufficiency programs under TANF or POWER with the exception of the following:
(1) Responsibility for final decision-making on program planning and design, including program participation requirements;
(2) Defining who is required to participate;
(3) Defining good cause for failure to participate;
(4) Issuance of rules and regulations governing participation;
(5) Defining exemptions from participation;
(6) Determination and application of sanctions against an individual;
(b) Any nongovernmental entity with which the Mayor has contracted regarding job search, job readiness, or work activities shall not have the authority to review, change, or disapprove any administrative decision of the Mayor or otherwise substitute its judgment for that of the Mayor regarding the application of policies, rules, and regulations promulgated by the Mayor or any agency.
(c) Any adverse determination, decision, or action of the nongovernmental entity made or taken with respect to an individual shall be reviewable by the Mayor, pursuant to procedures set forth in rules promulgated by the Mayor.
(d) In selecting a nongovernmental contractor, the Mayor shall take into account past performance in providing similar services, demonstrated effectiveness, fiscal accountability, ability to meet performance standards, other factors the Mayor determines to be appropriate, and any other factors that are required to be considered by District law.
§ 4–205.19i. Nondiscrimination against TANF and POWER applicants and recipients.
A person’s application for, or receipt of, TANF or POWER benefits shall not affect the applicability to that person of District and federal laws prohibiting discrimination.
§ 4–205.19j. Health and safety standards for TANF and POWER recipients.
TANF and POWER applicants and recipients participating in job search, job readiness, work, or self-sufficiency activities shall be subject to the same health and safety standards established under District and federal laws that apply to other individuals in comparable activities who are not TANF or POWER applicants or recipients.
§ 4–205.19k. Workers’ compensation for TANF recipients.
TANF recipients who are considered employees for purposes of the Fair Labor Standards Act of 1938, approved June 25, 1938 (52 Stat. 1060; 29 U.S.C. § 201 et seq.), shall be covered by Chapter 15 of Title 32 or subchapter XXIII of Chapter 6 of Title 1, whichever is appropriate, at the same level and to the same extent as comparably-employed individuals who do not receive TANF and shall be entitled to a minimum wage under § 32-1003.
§ 4–205.19l. Nondisplacement by TANF recipients.
(a) The Mayor shall not require a TANF recipient to participate in a work activity that:
(1) Results in the displacement of any currently-employed worker or position, including partial displacement, such as a reduction in hours of nonovertime work, wages, or employment benefits;
(2) Impairs existing contracts for services or collective bargaining agreements;
(3) Results in the employment or assignment of the TANF recipient, or the filling of a position with the TANF recipient when any other person is on layoff from the same or a substantially equivalent job within the same organizational unit, or when an employer has terminated any regular employee or otherwise reduced its workforce with the intent of filling the vacancy so created by hiring the TANF recipient; or
(4) Results in the TANF recipient participating in community service, work experience, or subsidized employment when such participation is the equivalent of filling an established unfilled position vacancy, or is the equivalent of performing a job that is substantially similar to the vacant position, unless the TANF recipient is given a bona fide opportunity to apply for the position as an unsubsidized employee after 18 weeks of satisfactory service in the position.
(b) The Mayor shall establish and maintain a grievance procedure for resolving complaints by any person, organization, or bargaining unit that claims to have been adversely affected by a violation of this subsection.
(c) Nothing in this section shall be construed to prevent a collective bargaining agreement from containing additional protections for a regular employee.
§ 4–205.19m. Reporting requirements.
The Mayor shall report and make public the following performance measures annually:
(1) By vendor program:
(A) The number of TANF work-eligible recipients and percentage of the TANF caseload who have participated in the specific vendor program, including the number and percentage of those recipients who have:
(i) Met their work participation requirements for at least one month during the reporting period;
(ii) Completed the education or training program; and
(iii) Have become employed.
(B) Of those who gained employment, the number and percentage of TANF recipients who remain employed and met work participation requirements, by month, for up to 6 months;
(C) Of those who exited TANF due to earnings, the number and percentage of TANF recipients who return to a vendor program after 3 months, 6 months, 12 months, and 18 months;
(2) The number of TANF recipients and percentage of the TANF caseload who:
(A) Have applied for a waiver from job search or job readiness activities, as defined in § 4-205.19b, and work activities, as defined in § 4-205.19d, due to domestic violence as referenced in § 4-205.19b(d)(3);
(B) Have been granted a waiver from job search or job readiness activities, pursuant to § 4-205.19b, and work activities due to domestic violence as referenced in § 4-205.19b(d)(3);
(C) Have been referred to treatment through domestic violence services pursuant to § 4-205.19b(d)(2); and
(D) Are receiving domestic violence services through a referral by the Mayor pursuant to § 4-205.19b(d)(2);
(3) The number of TANF recipients and percentage of the TANF caseload who have been:
(C) Referred to and receive, to the extent such information is accessible and available, treatment services for substance abuse or physical or mental disabilities;
(4) The number of TANF recipients and percentage of the TANF caseload who are participating in each work activity listed in § 4-205.19d(c-1), including the number of TANF recipients and percentage of TANF caseload who have reported self-employment as their unsubsidized employment work activity;
(5) For the following activities, a list of organizations, with which TANF recipients have been placed and the number placed with each:
(A) Subsidized private sector employment;
(B) Subsidized public sector employment;
(C) Work experience;
(D) On-the-job-training;
(E) Community service;
(F) Vocational education training; and
(G) Job skills training directly related to employment;
(6) The number of TANF recipients and percentage of the TANF caseload who have:
(A) Been referred to the Tuition Assistance Program Initiative for TANF (“TAPIT”);
(B) Been enrolled in TAPIT; and
(C) Successfully completed TAPIT;
(7) The number of TANF recipients and percentage of the TANF caseload who have:
(A) Been referred to the University of the District of Columbia Paths Program;
(B) Been enrolled in the UDC Paths Program; and
(C) Successfully completed the UDC Paths Program; and
(8) The number of TANF recipients and percentage of the TANF caseload who were not referred to work activities within 6 months and 12 months after a positive eligibility determination.
§ 4–205.19n. Family assessment plan.
Within 180 days of April 8, 2011, the Mayor shall submit to the Council a plan, with timetables and budget requirements, to assess every family and to offer supportive services and job training opportunities for the TANF program, starting with all present and subsequent families that have been on the program beyond 60 months, and to transition all families beyond 60 months from the program within 5 years.
§ 4–205.20. Parental absence by reason of imprisonment.
When continued absence from the home is by reason of imprisonment, the Mayor shall verify the length of the prison term of the parent, ascertain the date the parent will be eligible for parole, determine whether the parent is employed under the Work Release Program and the amount of support payment made to the family if so employed.
§ 4–205.21. Eligibility standards for children of unemployed parents.
(a) Repealed.
(a-1) Repealed.
(b) Repealed.
(c) The parent who is the principal wage earner must be referred to job search, job readiness, or other work activities after application for TANF benefits.
§ 4–205.22. Availability of stepparent.
(a) A stepparent is not required by the law of the District to support his or her stepchildren, but is legally responsible for the support of his or her spouse.
(b)(1) When a child lives with a parent and a stepparent, the income of the stepparent shall be considered as available to the family in computing eligibility for public assistance according to the requirements of this subsection. When the child lives with a parent and another person, not a stepparent, who is maintaining a home with the parent, the financial resources of that person shall be considered to the extent to which that person is contributing to the support of the parent and the child.
(1A) In computing the availability of a stepparent’s income to an assistance unit:
(A) If the stepparent is included in the assistance unit, and has at least one child in common with another member of the assistance unit, and that child is part of the assistance unit, the family shall be considered to be a two-parent assistance unit and the stepparent’s income shall be treated like a parent’s income;
(B) If the stepparent is included in the assistance unit, but does not have a child in common with another member of the assistance unit, the stepparent shall be treated as the parent of the dependent child in the assistance unit; and
(C) If the stepparent is not included in the assistance unit, none of the stepparent’s income shall be considered available to the assistance unit.
(2) In computing the availability of a deemed parent’s income, the Department shall exclude:
(A) The first $90 of the total of the deemed parent’s earned income for the month;
(B) An additional amount for the support of the deemed parent and any other individuals who are living in the home, but whose needs are not taken into account in making the TANF eligibility determination and who are claimed by the deemed parent as dependents for purposes of determining his or her federal personal income tax liability. This disregarded amount shall equal the District’s standard of assistance for a family group of the same composition as the deemed parent and those other individuals described in the preceding sentence; and
(C) Repealed.
(D) Payments by such deemed parent of alimony or child support with respect to individuals not living in the household.
(3) Repealed.
(4) Repealed.
(c) Repealed.
(d) For purposes of this section, a “deemed parent” is:
(1) The natural or adoptive parent of a minor dependent child, if the child is his- or herself the parent of a dependent child, and all three generations live in the same household; or
(2) The parent of a minor dependent child, if the parent lives in the same household with the dependent child and marries a person who is not the parent of the dependent child, and chooses to be excluded from the dependent child’s assistance unit.
§ 4–205.23. Obligations of custodial relatives other than parents.
(a) When a relative applies for TANF in behalf of a child who is living in such relative’s home and the child’s parents are maintaining a home elsewhere, the Mayor shall determine whether the child is in fact deprived of parental care and support.
(b) When parents are unwilling to accept the responsibility for the support of their children, a relative with whom a child is living shall be encouraged to cooperate with appropriate law enforcement officials charged with the responsibility for pursuing public remedies against the parents who are not contributing toward the support of their family; provided, that the failure of such relative to so cooperate with law enforcement officials shall have no effect on eligibility for assistance under this program.
§ 4–205.24. Eligibility requirements for alien children.
(a) Any person who is not a citizen of the United States, who entered the United States before August 22, 1996, and who is a “qualified alien”, as defined by § 431 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, approved August 22, 1996 (110 Stat. 2105; 8 U.S.C. § 1641), may receive the following:
(1) TANF benefits, if otherwise eligible under this chapter;
(2) Medicaid benefits, if otherwise eligible under the District of Columbia State Plan submitted pursuant to title XIX of the Social Security Act, approved July 30, 1965 (79 Stat. 343; 42 U.S.C. § 1396 et seq.); and
(3) Benefits and services funded under title XX of the Social Security Act, approved August 13, 1981 (95 Stat. 867; 42 U.S.C. § 1397 et seq.), if otherwise eligible under applicable federal and District law.
(b) Any person who is not a citizen of the United States and who is a “qualified alien”, as defined by § 431 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, may receive any District-funded benefit if otherwise eligible under applicable District law, regardless of the person’s date of entry into the United States.
§ 4–205.25. Eligibility determined prospectively.
All factors of TANF eligibility shall be determined prospectively. The amount of monthly TANF assistance payments shall be determined using the prospective budgeting method.
§ 4–205.26. Procedure for public and medical assistance application.
Applications for public and medical assistance shall be approved or disapproved by the Mayor with reasonable promptness. Such action shall be taken on applications for public assistance not in excess of 45 days and on applications for medical assistance to people with disabilities not in excess of 60 days from the date the application is received to the date the applicant receives his 1st assistance payment or his Medicaid care or a notice of ineligibility, unless a delay is caused by unusual circumstance beyond the Mayor’s control including those which are:
(1) Wholly within the applicant’s control;
(2) Beyond his or her control, such as hospitalization or imprisonment; or
(3) An administrative or other emergency that could not be reasonably controlled by the agency.
§ 4–205.27. Failure to determine eligibility within time requirement.
The Mayor shall not terminate his consideration of an application for assistance solely because he has been unable to establish the eligibility of the applicant within the 45- or 60-day period.
§ 4–205.28. Income application in determining need for family receiving more than 1 assistance payment.
When a family is receiving more than 1 assistance payment and members of a family have income, the Mayor shall apply income that must be considered in determining need as follows:
(1) When a husband and wife are each receiving assistance, income shall be divided equally between them.
(2) When the parent of minor children has income and is receiving assistance in his or her own right, his or her income shall be prorated between his or her payment and the payment for his or her dependents.
(3) When an adult child has income, is receiving assistance, and is living with his or her family which is receiving assistance, his or her income shall be applied only to his or her own requirements.
§ 4–205.29. Income status of loans and grants.
The Mayor, in determining the amount of assistance payment to which an applicant or recipient of public welfare is entitled, shall not consider as income or as a resource loans and grants obtained and used under conditions that preclude their use for current living costs.
(2) “Lump-sum payment or settlement” means a nonrecurring earned or unearned income, including retroactive monthly benefits, and payments in the nature of a windfall. The phrase “lump-sum payment or settlement” does not include income that represents a correction of previous underpayments of TANF, POWER, Aid to Families with Dependent Children (representing payments owed before that program was repealed) or GAC, and does not include a personal injury award, worker’s compensation, or similar award to the extent that it is earmarked and used for the purpose for which it was paid, such as payment of medical bills.
§ 4–205.31. Application for benefits required.
(a) Subject to the provisions of subsection (b) of this section, the Mayor shall, as a condition of eligibility, require each public assistance applicant or recipient to apply for any benefits to which he or she may be eligible.
(b) If a person applies for TANF and the Mayor determines that the applicant faces significant barriers to employment due to a physical or mental incapacity, the Mayor may consider the application to be an application for POWER, and may process the application as an application for POWER. A person may not apply for POWER without Mayoral approval.
§ 4–205.32. Establishment of net payment received.
The Mayor shall deduct from the gross amount of any accrued statutory benefit, lump-sum payment, or settlement from any source received by a recipient of GPA (provided such money is still available to the recipient when the Mayor learns of its receipt):
(1) Attorneys’ fees, medical expense, and other legitimate expenses of collection or settlement; and
(2) Legitimate debts of the recipient incurred for living expenses prior to his or her application for assistance and for which credit was extended in anticipation of the award or settlement.
§ 4–205.33. Treatment of lump-sum payments and settlements.
(a) Repealed.
(b) For applicants for and recipients of TANF:
(1) The amount of a lump-sum payment or settlement shall be considered as current income of the applicant or recipient, both in the month in which it was received and, to the extent required by paragraph (2) of this subsection, in future months, irrespective of the month in which it was reported to the Mayor.
(2) If the amount of the payment, when added to any other income, exceeds the standard of assistance applicable to the family of which the applicant or recipient is a member:
(A) The family of the applicant or recipient shall be ineligible for assistance for the full number of months that equals:
(i) The sum of the payment and all other countable income received in such month, divided by;
(ii) The standard of assistance applicable to such family; and
(B) Any income remaining (which amount is less than the applicable monthly standard) shall be treated as if it were income received in the 1st month following the period of ineligibility specified in subparagraph (A) of this paragraph.
(3) The period of ineligibility described in paragraph (2) of this subsection shall be shortened if: (A) An applicant reapplies and it is determined that the standards of assistance have been increased and the amount the assistance unit would have received has also changed; (B) the lump-sum payment or a portion of it has become unavailable to the assistance unit for a reason beyond the control of the assistance unit; or (C) a member of the assistance unit incurred and paid for medical expenses in a month during the period of ineligibility caused by receipt of a lump-sum payment. The Mayor shall establish guidelines for determining when the circumstances of an assistance unit fall within the purview of this paragraph.
(4) For the purposes of this subsection the term "lump-sum payment or settlement" does not include any federal, state, or local earned income tax credit or other refundable income tax credit payments or direct cash assistance payments received from District-based cash assistance programs or pilot programs that provide unrestricted cash assistance directly to individuals or households and that are administered by a nonprofit organization.
§ 4–205.34. Treatment of accrued statutory benefits. [Repealed]
Repealed.
§ 4–205.35. Failure of recipients to report promptly. [Repealed]
Repealed.
§ 4–205.36. Work incentive allowances disregarded.
The Mayor, in determining the extent of need of persons who are receiving TANF and are selected by the vocational rehabilitation program to receive vocational training for gainful employment, shall disregard the full amount of work incentive allowances paid to trainees by the vocational rehabilitation program.
§ 4–205.37. Standard for income and resource determination.
(a) The Mayor shall, in establishing the need of an individual for assistance, take into consideration all payments that are income and resources of such individual in excess of any amounts which may, under the provisions of this chapter, be legally disregarded.
(b) Repealed.
§ 4–205.38. Availability of income and resources.
All income and other resources shall be identifiable as to nature, amount, and time of receipt, and must be actually available to the applicant or recipient for his or her current use. Unpredictable and inconsequential gifts or earnings shall not be considered resources.
§ 4–205.39. Earned income. [Repealed]
Repealed.
§ 4–205.40. Resources in kind.
(a) Resources in kind are basic necessities, such as food, clothing, or shelter, which an individual obtains without charge or in return for his or her services.
(1) Repealed.
(2) Home produce of an applicant or recipient, utilized by him or her and his or her household for their own consumption, shall not be considered in determining need and the amount of payment.
(b) An individual shall not be required to accept an offer of a free home.
§ 4–205.41. Emergency applicant may retain automobile.
An applicant for public assistance who requests assistance by reason of an emergency for not more than 60 days shall be entitled to retain whatever automobile is then owned or being paid for by him or her.
§ 4–205.42. Definitions relating to incapacity and disability.
For the purpose of determining coverage and conditions of eligibility of applicants and recipients in financial and medical assistance programs of the District, the Mayor shall apply the following definitions relating to incapacity and disability with respect to parents and other adults who are otherwise eligible for assistance under such programs:
(1)Physical or mental incapacity. —
(A) For the TANF program, physical or mental incapacity shall be deemed to exist when 1 parent has a physical or mental defect, illness, or impairment. The incapacity shall be supported by competent medical testimony and must be of such a debilitating nature as to reduce substantially or eliminate the parent’s ability to support or care for an otherwise eligible child and be expected to last for a period of at least 30 days.
(B) Repealed.
(C) In making the determination of ability to support, the Mayor shall take into account the limited employment opportunities of individuals with disabilities.
(D) A finding of eligibility for OASDI or SSI benefits, based on disability or blindness, shall be deemed acceptable proof of incapacity for purposes of the TANF program.
(2) Repealed.
§ 4–205.42a. Eligibility for General Public Assistance. [Repealed]
Repealed.
§ 4–205.43. Participation in labor dispute; pregnancy.
(a) Repealed.
(b) A pregnant woman may be eligible for TANF benefits for herself if the pregnancy has been medically certified, the pregnancy is in the third trimester, and other eligibility requirements are met. The Mayor may provide to the pregnant woman written information and referral as to the availability of prenatal care services and nutrition supplements for pregnant women.
§ 4–205.44. Amount. [Repealed]
Repealed.
§ 4–205.45. Standard for requirements exceptions. [Repealed]
Repealed.
§ 4–205.46. Meal standard. [Repealed]
Repealed.
§ 4–205.47. Nursing care standard.
(a) When a recipient is receiving nursing care in the home of a relative, the Mayor will apply the standard for room, board, and care in an intermediate care facility, based on the kind and extent of care required.
(b) The rate for care in a foster home or for residential placement shall be the same as that for the lowest rate in an intermediate care facility.
(c) The rates paid for intermediate care, foster home care, or residential placement shall be paid at 100% of the standard as the rates were not increased in the 1970 budget.
§ 4–205.48. Standards of assistance adopted and applied.
Standards of assistance are adopted superseding the existing standards for requirements, and shall be applied:
(1) To determine the eligibility of applicants for public assistance; and
(2) To determine or redetermine the amount of public assistance grant for the recipient.
§ 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
(C) January 1, 1997.
(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.
§ 4–205.50. Costs of training and employment.
(a)—(d)Repealed.
(e) At the discretion of the Mayor and subject to annual appropriations, the Mayor may:
(1) Provide supportive services necessary for a member of an assistance unit to participate in or prepare for a mandatory job search, job readiness, or other work activity under TANF or a mandatory self-sufficiency activity under POWER; and
(2) Provide reimbursement for a recipient’s expenses directly related to participation in a mandatory work activity under TANF or a mandatory self-sufficiency activity under POWER.
§ 4–205.51. Denial of monthly benefits.
No assistance unit will receive TANF monthly benefits if the benefit check prior to adjustments is less than $10. An assistance unit denied benefits as a result of this provision shall continue to be considered eligible for TANF for all other purposes.
§ 4–205.51a. TANF Universal Service Delivery Model.
(a) By no later than September 30, 2011, the Mayor shall have adopted and fully implemented the TANF Universal Service Delivery Model, as created by the Department of Human Services, which shall:
(1) Address customer needs based on personal and family circumstances, to the extent feasible;
(2) Require orientation and a detailed assessment and referral to an appropriate array of services and supports, which shall be provided through:
(A) Contract job placement;
(B) Education and training vendors, and
(C) District agencies;
(3) Emphasize education, training, and skills enhancement;
(4) Assist customers in addressing and overcoming challenges that are barriers to employment;
(5) Include financial disincentives to customers who without good cause remain unemployed;
(6) Provide for participation with the TEP program;
(7) Provide for an Individual Responsibility Plan for each customer; and
(8) Include a system of sanctions for a customer who fails to participate or complete an Individual Responsibility Plan.
(b) A nonexempt customer who fails to participate or complete an Individual Responsibility Plan shall be subject to a progressive, graduated sanction policy, as established by the Department of Human Services. Each level of sanctions shall reduce further the maximum grant a customer will be eligible to receive.
(c) The Mayor shall submit a draft plan of the TANF Universal Service Delivery Model to the Council for its review by March 1, 2011.
§ 4–205.51b. Annual comparative review.
(a)In general. — The Council of the District of Columbia shall annually review and adjust the amount of the monthly assistance payment that may be made under the Temporary Assistance for Needy Families Program so that such payment is comparable with the monthly assistance payments made under such program in Maryland and Virginia counties that are contiguous to the District of Columbia.
(b)Effective date. — Subsection (a) shall apply with respect to fiscal year 1998 and each succeeding fiscal year.
§ 4–205.52. Determination of amount of public assistance payments for assistance unit; standards of assistance enumerated.
(a) To determine the TANF, POWER or GAC payment for an assistance unit, the Mayor shall subtract any income of the assistance unit, after applicable disregards, from the current payment level for a family that is the size of the assistance unit.
(b) Repealed.
(c) The standards of assistance are set forth in the following table and include a portion of basic costs of food, clothing, shelter, household and personal items, and certain transportation costs:
Family Size
Standard Payment Level
Level of Assistance
1
$ 450.00
$ 239.00
2
560.00
298.00
3
712.00
379.00
4
870.00
463.00
5
1,002.00
533.00
6
1,178.00
627.00
7
1,352.00
719.00
8
1,494.00
795.00
9
1,642.00
874.00
10
1,786.00
950.00
11
1,884.00
1,002.00
12
2,024.00
1,077.00
13
2,116.00
1,126.00
14
2,232.00
1,187.00
15
2,316.00
1,232.00
16
2,432.00
1,294.00
17
2,668.00
1,419.00
18
2,730.00
1,452.00
19
2,786.00
1,482.00
(c-1) Repealed.
(c-2) Repealed.
(c-3) Repealed.
(d) The table set forth in subsection (c) of this section shall apply to payments made after January 31, 1998. The level of public assistance payments for assistance units and the standards of assistance in subsection (c) of this section may be adjusted by the Mayor through promulgation of a rule in accordance with the rulemaking provisions of subchapter I of Chapter 5 of Title 2.
(d-1)(1) Effective October 1, 2014, the assistance levels set forth in subsection (c) of this section shall be adjusted annually for the rate of inflation, except for the following:
(A) For Fiscal Year 2017, the assistance level shall be increased by 15.3%;
(B) For Fiscal Year 2018, the assistance level shall be increased by 13.3%; and
(C) For Fiscal Year 2019, the assistance level shall be increased by 11.8%.
(2) In annually adjusting the assistance levels for the rate of inflation, the prior year’s assistance level shall be increased by an amount equal to the prior year’s assistance level multiplied by the CPI-U for all items from the preceding calendar year, as determined by the United States Department of Labor Bureau of Labor Statistics.
(e) A recipient of public assistance may not make a claim for any cost-of-living adjustment in assistance payments that have not been paid prior to December 29, 1994, and would have been paid but for the enactment of the Public Assistance Act of 1982 Budget Conformity Amendment Act of 1991, effective August 17, 1991 (D.C. Law 9-27; 38 DCR 5794).
(f) A recipient of public assistance may not make a claim for any adjustment in assistance payments that have not been paid prior to December 29, 1994, and would have been paid but for the enactment of the Public Assistance Act of 1982 Budget Conformity Amendment Act of 1991, effective August 17, 1991 (D.C. Law 9-27; 38 DCR 5794).
§ 4–205.53. Reconsideration of grants; modification of amount; duty of recipient to notify Mayor of change of circumstances; grants under General Public Assistance Program for Unemployables.
(a) All public assistance grants made under this chapter shall be reconsidered by the Mayor as frequently as he or she may deem necessary, but in every case the Mayor shall make such reconsiderations at least once in each year. After such further investigation as the Mayor may deem necessary, the amount of public assistance may be changed, or may be entirely withdrawn, if the Mayor finds that any such grant has been made erroneously, if the recipient's circumstances have altered sufficiently to warrant such action, or if the recipient has not timely completed the recertification process. If at any time during the continuance of public assistance the recipient becomes possessed of resources in excess of the amount previously reported by the recipient, or if other changes occur in the nonfinancial circumstances previously reported by the recipient that would alter either the recipient’s need or eligibility, it shall be the recipient’s duty to notify the Mayor of this information immediately upon the receipt or possession of the additional resources, or upon the change in circumstances. A recipient shall inform the Mayor whenever the recipient begins to receive earned income, if the recipient did not earn income previously, and whenever the recipient ceases to receive earned income. The recipient shall inform the Mayor as soon as the recipient becomes aware that a change will occur, rather than waiting to inform the Mayor in the periodic report required under § 4-205.54.
(b) Repealed.
(c) Repealed.
(d) Repealed.
§ 4–205.54. TANF assistance unit monthly report.
(a) Each TANF assistance unit whose members have earned income or recent work history and each assistance unit that has income deemed to it from individuals living with the unit who have earned income or a recent work history shall report periodically, as determined by the Mayor, on:
(1) The family’s income, composition, and other circumstances relevant to the amount of the assistance payment during the reporting period specified by the Mayor;
(2) Any changes in income, resources, or other relevant circumstances (as defined by the Mayor) affecting continued eligibility which the family expects to occur in the current reporting period or future reporting period; and
(3) If appropriate, stepparent’s income and alien sponsor’s income and resources.
(a-1) The periodic reporting form sent by the Mayor to a recipient shall notify the recipient that failure to provide timely, accurate, and complete information may result in grant reduction or termination.
(b) The Mayor shall establish a consistent time frame for submission of periodic reports and for submission of information concerning any change in earnings affecting eligibility between reports.
(c) When the Mayor receives a complete report within the required time frame specified by the Mayor, the Mayor shall promptly change or terminate assistance payments, as may be appropriate, on the basis of information contained in the periodic report. Timely and accurate reporting of increases in previously-reported income shall result only in adjustments of future payments without retroactive penalty for overpayment. Timely and accurate reporting of decreases in previously-reported income shall result only in adjustments of future payments without retroactive adjustments for underpayments. Written notices of a change or termination must be adequate, as defined in § 4-205.55(a)(2), and must be postmarked no later than 15 days before the date that the recipient would receive the changed payment, or would have received payment if assistance had not been terminated. A recipient has 90 days from the date the notice is postmarked to request a fair hearing. The recipient’s assistance shall be paid pending the hearing only if such payment is required under § 4-205.59.
(d) If the recipient fails to file a report on time, without good cause, or if the report filed is incomplete, the Mayor shall take prompt action to terminate assistance. The Mayor shall mail the recipient written notice if assistance is being terminated as a result of failure to file or complete a report. The notice must be adequate as defined by § 4-205.55(a)(2). The notice must be postmarked no later than 15 days prior to the date the recipient would have received payment if assistance had not been terminated. A recipient has 90 days from the date the notice is postmarked to request a fair hearing. The recipient’s assistance shall be paid pending the hearing only if such payment is required under § 4-205.59. If the recipient files a completed report that is received by the Mayor on or before the last day of the month in which the notice was postmarked, the Mayor shall accept this late report and shall make a payment based on the information in the report if the information reliably indicates that the recipient is still eligible for TANF. The payment in the next month shall reflect a penalty for late filing, if the Mayor determines the recipient did not have good cause for late filing. As a penalty for late filing, earned income shall not be disregarded in determining TANF eligibility and benefit levels. Payment in the month after receipt of a late report may be delayed. If the recipient is found ineligible for TANF, based on information in the late report, or eligible for an amount less than the prior period’s payment, the Mayor shall promptly send the recipient written notice of the change, suspension, or termination. The written notice must be adequate as defined by § 4-205.55(a)(2). The recipient shall have 90 days from the date that the notice is postmarked to request a hearing. The recipient’s assistance shall be paid pending the hearing only if such payment is required under § 4-205.59.
(e) If a recipient has earned income, and fails to file a report of that income on time, without good cause, the earned income, child care, and work expenses disregards shall not be allowed for the month that was to be reported on.
(f) The Mayor may require periodic reporting by any TANF recipient, or category of TANF recipients that has earned income or meets criteria, who the Mayor determines, pursuant to rules promulgated by the Mayor, is likely to calculate income eligibility erroneously.
(g) Repealed.
§ 4–205.55. Timely and adequate notice of action to discontinue, etc., assistance.
(a) The Mayor shall give timely and adequate notice in cases of intended action to discontinue, withhold, terminate, suspend, reduce assistance, or make assistance subject to additional conditions, or to change the manner or form of payment to a protective, vendor, or 2-party payment.
(1) “Timely” means that the notice is postmarked at least 15 days before the date upon which the action would become effective, except as provided in § 4-205.54(d).
(2) “Adequate” means that the written notice includes a statement of what action the Mayor intends to take, the reasons for the intended action, the specific law and regulations supporting the action, an explanation of the individual’s right to request a hearing, and the circumstances under which assistance will be continued if a hearing is requested.
(b) The Mayor may dispense with timely notice, but shall send adequate notice no later than the date upon which the action would become effective when:
(1) The Mayor has factual information confirming the death of a recipient or of the TANF or POWER payee when there is no relative available to serve as new payee;
(2) The Mayor receives a clear written statement signed by a recipient that states that he or she no longer wishes assistance, or that gives information that requires termination or reduction of assistance, and the recipient has indicated, in writing, that he or she understands the consequence of supplying this information;
(3) The recipient’s whereabouts are unknown and mail sent to him or her has been returned by the post office indicating no known forwarding address. (If the recipient’s whereabouts become known during the payment period covered by a returned check, the recipient’s check shall be made available to him or her by the Mayor.);
(4) The recipient has been accepted for assistance in a new jurisdiction and that fact has been previously established by the Mayor; or
(5) A special allowance granted for a specific period is terminated and the recipient had been informed in writing at the time the allowance was granted that the allowance shall automatically terminate at the end of the specified period.
(c) When changes in District of Columbia law require automatic grant adjustments for classes of recipients, timely notice of these grant adjustments shall be given, which shall be deemed “adequate” if it includes a statement of the intended action, the reasons for the intended action, a statement of the specific change in law requiring the action, and a statement of the circumstances under which a hearing may be obtained and assistance continued.
§ 4–205.56. Information from source other than recipient.
(a) When the information that is the basis for reduction or termination of payment comes from a source other than the recipient, the representative of the Mayor shall discuss the information with the recipient and notify him or her in writing that if the recipient does not agree with or accept the information, he or she has 15 days to present additional information, or, in lieu thereof, to request a fair hearing.
(b) In arranging the appointment for the discussion, the representative of the Mayor shall advise the recipient of his or her right to bring other persons with him or her who have knowledge of his or her situation, including a legal representative if he or she so desires.
§ 4–205.57. Consequences of failure to request hearing or submit additional information to clarify eligibility.
If, after 15 days from the date of postmark of the written notice, the recipient does not request a fair hearing, or if applicable, does not submit additional information to clarify his eligibility status, the representative of the Mayor shall take immediate action to reduce or terminate the assistance payment, and shall notify the recipient in writing of the action taken, and its effective date.
§ 4–205.58. Consideration of additional information.
If the recipient submits additional information, the representative of the Mayor will give it due consideration to determine whether the information changes the Mayor’s previous decision to reduce or terminate the assistance payment, and will notify the recipient accordingly, advising him or her of his or her right to a fair hearing.
§ 4–205.59. Effect of pending hearing.
(a) If the recipient requests a hearing before the date that the termination, suspension, or reduction of aid is to become effective, assistance shall not be discontinued, withheld, terminated, suspended, reduced or made subject to additional conditions, nor may the manner or form of payment be changed to a protective, vendor, or 2-party payment until: (1) the request for a hearing has been withdrawn; (2) a change affecting the recipient’s grant occurs while the hearing is pending and the recipient fails to request a hearing after notice of the change; (3) a determination is made at the hearing that the sole issue is one of law and not of incorrect grant computation; or (4) a decision is rendered by the Mayor after a hearing and this decision upholds the Mayor in his or her action to alter the amount or conditions of the public assistance grant.
(b) Repealed.
(c) In any case in which action was taken without timely notice, when timely notice is required by law, and the recipient requests a hearing within 10 days of the postmark of the written notice of the action, the Mayor shall reinstate assistance within 96 hours of the request for a hearing and assistance shall not be discontinued, withheld, terminated, suspended, reduced or made subject to additional conditions, nor may the manner or form of payment be changed to a protective, vendor, or 2-party payment until: (1) a determination is made at the hearing that the sole issue is one of law and not of incorrect grant computation; or (2) a decision is rendered by the Mayor after a hearing and this decision upholds the Mayor in his or her action to alter the amount or conditions of the public assistance grant.
(d) A request for a hearing made more than 10 days after the date upon which the action would become effective but within the time limits of § 4-210.09 shall be honored but shall not result in the continuation of disputed benefits. If the claimant’s position is upheld by the hearing decision, the Mayor shall promptly make corrective payments retroactively to the date the incorrect action was taken.
(1) “Board” means the District of Columbia Board of Education.
(2) “Ceased to attend school” means a pregnant or parenting teen has 20 or more consecutive full days of unexcused absences from school.
(3) “Child care” means care, supervision, and guidance for children for less than 24 hours per day per child in any licensed child development facility.
(4) “Department” means the Department of Human Services.
(5) “Dropout” means a pregnant or parenting teen who has:
(A) Ceased to attend school; or
(B) Has not graduated from high school or received a general educational equivalency diploma or certificate of completion from an alternative course of study approved by the Board; and
(C) Does not meet the school attendance requirements of § 4-205.65.
(6) “High school equivalency diploma” means a certificate of educational achievement issued under the regulations and requirements of the District of Columbia Public Schools.
(7) “Pregnant or parenting teen” means a person who has a child or children, or is pregnant in the third trimester of the first pregnancy, and is under 18 years of age.
§ 4–205.62. Establishment of a Demonstration Project. [Repealed]
Repealed.
§ 4–205.63. Eligibility for public assistance; home living requirement.
(a) This section shall apply to all applicants for, and recipients of, TANF benefits.
(b) An applicant or recipient of TANF benefits who is a pregnant or parenting teen and who has never married shall be eligible for TANF benefits only if the teen and the teen’s child reside in a residence maintained by the pregnant or parenting teen’s parent or legal guardian, or another adult relative of the pregnant or parenting teen that is the home of the parent, guardian, or adult relative, as determined by the Mayor, unless:
(1) The pregnant or parenting teen has no living parent, legal guardian, or other appropriate adult relative;
(2) No parent, legal guardian, or other appropriate adult relative who could otherwise qualify to act as the pregnant or parenting teen’s legal guardian allows the pregnant or parenting teen to live in his or her home;
(3) The Department determines, after an investigation in accordance with regulations issued by the Mayor, that the physical or emotional health or safety of the applicant, recipient, or dependent child would be jeopardized if they resided in the same residence with the teen’s parent, legal guardian, or other adult relative; or
(4) The Department determines, in accordance with regulations issued by the Mayor, that the circumstances justify a determination of good cause for the applicant or recipient and dependent child to receive assistance while living apart from the pregnant or parenting teen’s parent, guardian, or other adult relative (with standards set forth in the regulations including consideration of the best interests of the dependent child).
(c) For purposes of the investigation made pursuant to subsection (b)(4) of this section, investigations shall be carried out by licensed social workers. Other trained professionals, such as doctors, nurses, or physiologists, who are deemed necessary to make sound health and safety determinations by the Department, may also be utilized.
(d) When a pregnant or parenting teen and the applicant’s or recipient’s dependent child are required to live with the pregnant or parenting teen’s parent, legal guardian, or other adult relative, or in a setting described in subsection (e) of this section, then TANF may be paid in the form of a protective payment.
(e)(1) If the pregnant or parenting teen is exempt from the home living requirement under subsection (b) of this section, the Department shall provide or assist the pregnant or parenting teen in locating a second chance home, as defined in paragraph (2) of this subsection, a maternity home, or other appropriate adult-supervised supportive living arrangement, unless the Department determines that the pregnant or parenting teen’s current living arrangement is appropriate. The Department shall consider the needs and concerns of the pregnant or parenting teen and the pregnant or parenting teen’s child in providing or assisting in locating a living arrangement for the pregnant or parenting teen. The Department shall then determine the appropriate living arrangement for the pregnant or parenting teen and require that the pregnant or parenting teen and the dependent child live in such a living arrangement as a condition of continued receipt of TANF benefits. If the Department determines that the pregnant or parenting teen’s circumstances have changed and the current arrangement ceases to be appropriate, the pregnant or parenting teen may live in an alternative appropriate arrangement and continue to receive TANF benefits.
(2) For the purposes of this subsection, the term “second chance home” means an entity that provides individuals described in subsection (b)(1), (2), (3) and (4) of this section with a supportive and supervised living arrangement in which they are required to learn parenting skills, including child development, family budgeting, health and nutrition, and other skills to promote their long-term economic independence and the well-being of their children.
§ 4–205.64. Failure to meet home living requirement; notice.
(a) In accordance with regulations issued by the Mayor, a pregnant or parenting teen subject to the provisions of § 4-205.63 shall be informed of the eligibility requirements and the pregnant or parenting teen’s rights and obligations. The Department shall advise the pregnant or parenting teen of the exemptions from the home living requirement as outlined in § 4-205.63(b) and (e). The Department shall determine whether one or more of these exemptions is applicable. The Department shall also assist the pregnant or parenting teen in attaining the necessary verifications if the teen alleges one or more of the exemptions. The pregnant or parenting teen shall not be required to obtain verification or take steps that could endanger the pregnant or parenting teen’s health or safety or that of the pregnant or parenting teen’s child. The regulations shall include provisions to ensure that the pregnant or parenting teen understands his or her rights under this subchapter, the meaning of each exemption under § 4-205.63, and is given an opportunity to speak with the Department outside of the presence of the pregnant or parenting teen’s parent, legal guardian, or other adult relative.
(b) If the pregnant or parenting teen or the pregnant or parenting teen’s parent, legal guardian, or other adult relative does not request a fair hearing pursuant to § 4-210.05, or, if after a fair hearing has been held, the hearing officer finds that the teen is not exempt from the home living requirement and has otherwise failed to meet the requirements of § 4-205.63, the Department shall, after providing adequate and timely notice, render the pregnant or parenting teen ineligible for TANF benefits in the next possible payment month. The pregnant or parenting teen’s ineligibility shall not affect the eligibility for TANF benefits of a child living with the pregnant or parenting teen who, if otherwise eligible, may receive TANF benefits determined without regard to the needs of the ineligible pregnant or parenting teen.
§ 4–205.65. Eligibility for public assistance; learnfare.
(a)(1) As a condition of eligibility for federally-funded TANF benefits, a pregnant or parenting teen who is not married and has not successfully completed a high school education or its equivalent shall be required to attend school regularly (as defined by the Board or other entity that determines the attendance policies at the pregnant or parenting teen’s educational institution or program) or be determined ineligible for federally-funded TANF benefits.
(2) The requirements of paragraph (1) of this subsection shall not affect the eligibility for TANF benefits of a child living with a pregnant or parenting teen who, if otherwise eligible, may receive TANF benefits determined without regard to the needs of the ineligible pregnant or parenting teen.
(b) The types of schools that can be attended to meet the school attendance requirements of subsection (a) of this subsection are as follows: a public school, private school, independent school, parochial school, private instruction, or a course of study or home school program meeting the standards established by the Board for granting a high school equivalency diploma.
(c) A pregnant or parenting teen who fails to meet the school attendance requirements set forth in subsection (a) of this section shall be provided counseling, tutoring, or other supportive services deemed appropriate by the Department to help the pregnant or parenting teen improve school attendance, or in the case of a drop-out, to return to school. Such supportive services will be provided as appropriations are available and in accordance with regulations issued by the Mayor.
(d) The determination of a pregnant or a parenting teen’s ineligibility for federally-funded TANF benefits made pursuant to subsection (a) of this section shall be effective for one month for each month that the pregnant or parenting teen fails to meet the school attendance requirements set forth in subsection (a) of this section. In the case of a dropout, the sanctions shall remain in force until the dropout provides written proof from a school that the dropout has re-enrolled in school and met the school attendance requirements of subsection (a) of this section for one calendar month. Any month in which school is in session for at least 10 days may be used to meet the school attendance requirements.
(e) If the Department determines that a pregnant or parenting teen who has been determined ineligible for federally-funded TANF benefits pursuant to subsection (a) of this section has satisfied the requirements of subsection (d) of this section, the determination of ineligibility for federally-funded TANF benefits shall be rescinded in the next possible payment month. The pregnant or parenting teen shall not receive payment for the remainder of the month in which compliance occurs. The first payment that resumes after the pregnant or parenting teen complies with subsection (d) of this section may be delayed, depending on the date of compliance.
(f) A pregnant or parenting teen’s absence on any particular day shall be determined to be an excused or an unexcused absence based on the policies of the Board or other entity that determines the attendance policies at the teen’s educational institution or program. Notwithstanding such policies, a pregnant or parenting teen’s absence on a particular day shall be excused under the following circumstances:
(1) The Department determines, in accordance with regulations issued by the Mayor, that child care services are necessary for the pregnant or parenting teen to attend school and there is no District funded child care service available; child care service shall be considered unavailable if there is no space for the pregnant or parenting teen’s child in a licensed child development facility within reasonable time and distance from the pregnant or parenting teen’s home, or if the cost of care where space is available is excessive in the judgment of the Department and the pregnant and parenting teen participates in an alternative educational or training program that has been approved by the Department; or
(2) The pregnant or parenting teen is the caretaker of a child fewer than 12 weeks old.
(g) The determination of a pregnant or parenting teen’s ineligibility for federally-funded TANF benefits provided by subsection (a) of this section shall not apply if the information about the pregnant or parenting teen’s school attendance is not available or cannot be verified by the school or the approved alternative educational or training program.
(h) The pregnant or parenting teen, or his or her parent, caretaker, or legal guardian, shall cooperate in providing information to verify enrollment information or good cause for absence from school. If at least one of these individuals does not cooperate, the pregnant or parenting teen shall be determined ineligible for federally-funded TANF benefits for each month in which one of the individuals does not cooperate.
(i) The Department shall request school attendance information for a pregnant or parenting teen compiled by a school whenever necessary to ascertain school attendance requirements as required by this section.
(j) The Department shall request information from the pregnant or parenting teen’s school, institution, or educational program about the attendance of a pregnant or parenting teen who is applying for or receiving federally-funded TANF benefits, and shall otherwise implement procedures for monitoring compliance with this section.
(k) School attendance records shall be open for inspection at all times to the Department or other persons authorized to enforce this section; provided, that prior written informed consent is given by the parent, caretaker, or legal guardian of a pregnant or parenting teen or by an emancipated pregnant or parenting teen.
(l) It shall be the duty of each person designated by the Superintendent of Schools, every parochial school teacher, every private school teacher, and every teacher who gives instruction privately, to provide information, upon the request of the Department, as soon as practicable to the Department concerning the school attendance of a pregnant or parenting teen who is applying for or receives federally-funded TANF benefits.
(m) This section shall apply to all applicants for, or recipients of, federally-funded TANF benefits.
§ 4–205.66. Failure to meet school attendance requirements; notice.
(a) Upon determination that a pregnant or parenting teen has failed without good cause to meet the school attendance requirements of subsection (b) of this section, the Department shall provide notice which specifies the following:
(1) That the pregnant or parenting teen has a right to review and copy his or her records at the expense of the pregnant or parenting teen’s school pursuant to Chapter 26 of Title 5 of the District of Columbia Municipal Regulations;
(2) That prior to any action against the pregnant or parenting teen, he or she has a right to challenge, in writing, the contents of his or her school records pursuant to Chapter 26 of Title 5 of the District of Columbia Municipal Regulations; and
(3) That the pregnant or parenting teen is entitled to a hearing if he or she is not satisfied with the administrative decision pursuant to Chapter 26 of Title 5 of the District of Columbia Municipal Regulations.
(b) If the pregnant or parenting teen, or his or her parent or guardian, does not request a fair hearing pursuant to § 4-210.05, or, if after a fair hearing has been held, the hearing officer finds that the pregnant or parenting teen is not exempt from the school attendance requirements imposed by § 4-205.65(a), the Department shall determine the pregnant or parenting teen ineligible for federally-funded TANF benefits in the next possible payment month.
(c) The Department of Human Services shall develop an incentive program, in consultation with the District of Columbia Public Schools, to encourage school attendance and recognize those who meet the attendance requirements.
§ 4–205.67. Expansion of Jobs Opportunities and Basic Skills and Alternative Work Experience Programs.
Repealed.
§ 4–205.68. Duties of the Mayor.
Repealed.
§ 4–205.69. Denial of assistance for fraudulent misrepresentation of residency.
(a) A person who has been convicted in a federal, District of Columbia, or state court of making a fraudulent statement or representation with respect to that person’s place of residence in order to receive assistance simultaneously from 2 or more states under programs that are funded under title I of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, approved August 22, 1996 (110 Stat. 2105; 42 U.S.C. § 601 et seq.), title XIX of the Social Security Act, approved July 30, 1965 (79 Stat. 343; 42 U.S.C. § 1396 et seq.), or the Food Stamp Act of 1977, approved September 29, 1977 (91 Stat. 958; 7 U.S.C. § 2011 et seq.), or to receive benefits in 2 or more states under the Supplemental Security Income program under title XVI of the Social Security Act, approved October 30, 1972 (86 Stat. 1465; 42 U.S.C. § 1381 et seq.), shall be ineligible for TANF benefits for 10 years from the date of the conviction.
(b) Subsection (a) of this section shall not apply with respect to conduct of an individual for any month beginning after the President of the United States grants a pardon with respect to the conduct that was the subject of the conviction.
§ 4–205.70. Denial of assistance for fugitive felons and probation and parole violators.
(a) A person shall be ineligible for TANF benefits if that person:
(1) Flees to avoid prosecution, custody, or confinement after conviction, under the laws of the jurisdiction from which the person flees, for a crime, or an attempt to commit a crime, which is a felony under the laws of the jurisdiction from which the individual flees, or which, in the case of the State of New Jersey, is a high misdemeanor under New Jersey law; or
(2) Violates a condition of probation or parole imposed under federal, District of Columbia, or state law.
(b) Subsection (a) of this section shall not apply with respect to conduct of an individual for any month beginning after the President of the United States grants a pardon with respect to the conduct.
§ 4–205.71. Granting cash and food assistance benefits to drug felons.
An adult who is a drug felon shall not be denied cash or food assistance benefits, including TANF, Supplemental Nutrition Assistance Program, POWER, GAC, or Interim Disability Assistant benefits, solely because he or she is a drug felon.
§ 4–205.72. POWER — Establishment; eligibility.
(a) There is established a Program on Work, Employment, and Responsibility (“POWER”), eligibility for which shall be the same as the factors, standards, and methodology for determining eligibility for TANF, as set forth in this subchapter, except as provided by subsections (b), (c), and (d) of this section, and §§ 4-205.72a through 4-205.77.
(b) An assistance unit shall be eligible for POWER under the following circumstances:
(1) The head of the assistance unit is the parent of a minor child;
(2) The head of the assistance unit is physically or mentally incapacitated; and
(3) The physical or mental incapacity of the head of the assistance unit rises to the level of incapacity outlined by subsection (c) of this section.
(c) For the purposes of subsection (b) of this section, physical and mental incapacity must be verified by competent medical evidence and when considered with the head of the assistance unit’s age, prior work experience, education, and other factors bearing on the head of the assistance unit’s ability to work, as determined relevant by the Mayor:
(1) Substantially precludes the ability of the head of the assistance unit to work or to participate in job search or job readiness activities; and
(2) Is expected to last more than 30 days.
(d) A person is ineligible for POWER if that person receives:
(1) Temporary Assistance for Needy Families;
(2) Supplemental Security Income; or
(3) Unemployment Compensation benefits.
(e) Sections 4-205.11a, 4-205.11b, 4-205.19a through 4-205.19f, 4-205.19j, and 4-205.19k, shall not apply to recipients of POWER benefits.
§ 4–205.72a. POWER — Additional eligibility.
(a) In addition to the circumstances set forth in § 4-205.72, an assistance unit shall be eligible for POWER if the head of the assistance unit:
(1)(A) Beginning October 1, 2013, is the parent of a minor child; and
(B) Is needed in the home, due to medical necessity, to care for a household member who is physically or mentally incapacitated as described in § 4-205.72(c);
(1A) Repealed.
(2)(A) Beginning October 1, 2013, is the parent of a minor child;
(B) Has been determined by the Department to be a victim of domestic violence who is receiving relevant support counseling or services; and
(C) Has received a domestic violence assessment by the Department or the Department’s designee that resulted in a recommendation that the work requirement or child support cooperation be waived;
(3) Beginning October 1, 2013, is a pregnant or parenting teen who:
(A) Has been certified by the Department as being exempt from the home living requirements under § 4-205.63(b);
(B) Is enrolled in high school or a General Education Equivalency Degree program;
(C) Meets her or his work requirements in compliance with her or his TANF Individual Responsibility Plan or any equivalent plan developed during her or his participation in POWER; and
(D) Is less than 19 years old;
(4) Repealed;
(5) Beginning October 1, 2013, is a parent or caretaker who is 60 years of age or older; or
(6) Beginning October 1, 2013, is the head of an assistance unit who is meeting the full requirements of his or her Individual Responsibility Plan and can show that he or she is enrolled in an accredited postsecondary education program or a Department of Employment Services approved job training program in which he or she is working towards the attainment of a degree, certificate, or official credential, or for fiscal year 2015, has been on TANF over 60 months, is enrolled with a TANF Employment Program vendor, and is not the subject of a sanction as of October 1, 2014.
(b) An assistance unit’s eligibility for POWER pursuant to subsection (a) of this section shall be subject to periodic review and redetermination as determined by the Mayor or the Mayor’s designee.
§ 4–205.73. POWER — Application.
(a) The Mayor may only consider TANF applicants or TANF recipients for consideration for POWER eligibility.
(b) The Mayor may refer a TANF applicant or recipient for consideration of POWER eligibility at any time, including when a TANF applicant or recipient claims a medical incapacity exemption from work activities.
§ 4–205.74. POWER — Medical review.
(a) After the Mayor determines that a TANF applicant or recipient may be considered for POWER eligibility, pursuant to § 4-205.72, the Mayor shall provide a medical review of the applicant or recipient to determine whether the applicant or recipient is incapacitated.
(a-1) After the Mayor determines that a TANF applicant or recipient may be considered for POWER eligibility, pursuant to § 4-205.72a, the Mayor shall provide a review of the applicant or recipient to determine whether the applicant or recipient is eligible for POWER.
(b) The applicant or recipient shall cooperate with obtaining the medical review as a condition of eligibility for POWER.
§ 4–205.75. POWER — Redetermination of eligibility.
(a) A POWER recipient’s eligibility for POWER shall be redetermined at intervals determined by the Mayor.
(b) A POWER recipient, who is determined ineligible for POWER solely because the recipient is no longer incapacitated, or because other factors considered with the recipient’s incapacity no longer substantially precludes the recipient’s ability to work or to participate in job search or job readiness activities, shall be certified as eligible for TANF in a fashion that ensures financial assistance is not disrupted, if the recipient meets all TANF eligibility criteria. The Mayor shall provide adequate and timely notice that the POWER recipient has been determined ineligible for POWER.
(c) A POWER recipient who is determined eligible for continuation of one year due to incapacity under § 4-205.72(b)(2) shall be informed by the Mayor or the Mayor’s designee about the recipient’s potential eligibility for Social Security Disability Insurance (“SSDI”) or Supplemental Security Income (“SSI”). If appropriate, the POWER recipient shall submit an application for SSDI or SSI benefits as part of the recipient’s self-sufficiency plan. The Mayor or the Mayor’s designee shall offer application and advocacy assistance.
§ 4–205.76. POWER — Participation in activities to assist in achieving self-sufficiency.
(a) Following a preliminary assessment by the Mayor under TANF and a medical review, a person who has been determined to meet the eligibility criteria of § 4-205.72 shall be required, as a condition of eligibility for POWER benefits, to participate in activities that will assist the recipient in achieving self-sufficiency. The Mayor shall determine the nature, scope, amount and duration of the activities based on the medical review and the preliminary assessment.
(b) The Mayor shall promulgate rules establishing the nature and scope of the activities and the amount and duration of participation that may be required of a POWER recipient.
(c) Participation in activities required under this section shall not confer to the participant any entitlement to child care. The Mayor may provide access to publicly-funded child care to a POWER recipient if necessary for the recipient to participate in self-sufficiency activities.
§ 4–205.77. POWER — Failure to participate in self-sufficiency activities.
(a) If a POWER recipient who is an adult or minor head of an assistance unit fails, without good cause (as determined by the Mayor) to participate in required activities to promote self-sufficiency, the recipient shall be sanctioned in the same manner as a TANF recipient who fails to comply with the requirements of an individual responsibility plan.
(b) The Mayor shall promulgate rules defining what constitutes good cause for failure to participate in required self-sufficiency activities, in addition to those grounds described in subsections (c), (d), and (e) of this section.
(c) The Mayor shall not sanction a POWER recipient based on the failure of the recipient to participate in self-sufficiency activities if the recipient is a single custodial parent caring for a child under 6 years old, and the recipient proves that the recipient has a demonstrated inability, as determined by the Mayor, to obtain needed child care for one or more of the following reasons:
(1) Appropriate child care within a reasonable distance from the recipient’s home or participation site is unavailable;
(2) Informal child care by a relative or under other arrangements is unavailable or unsuitable; or
(3) Appropriate and affordable formal child care arrangements are unavailable.
(d) The Mayor shall not sanction a POWER recipient based on the failure of the recipient to participate in self-sufficiency activities if the Mayor has failed to notify the recipient of the self-sufficiency activities in which the recipient must participate.
(e)(1) The Mayor shall not sanction a POWER recipient based on the failure of the recipient to participate in self-sufficiency activities if the Mayor provides the activities but placement in those activities are not yet available to the recipient.
(2) This subsection shall only apply if the POWER recipient has complied with any other obligations required of POWER applicants or recipients.
§ 4–205.78. POWER — Amount of assistance.
POWER payments shall be made in accordance with § 4-205.52.
§ 4–205.79. POWER — No creation of an entitlement.
Nothing in this chapter shall be construed to create any entitlement to POWER benefits or to confer on any person or family any entitlement to POWER benefits.
§ 4–205.80. POWER — Medicaid eligibility.
A POWER recipient shall be treated as a TANF recipient for purposes of Medicaid eligibility.
§ 4–205.81. Diversion payments.
(a) For purposes of this section, “diversion payment” means a lump sum of money paid to an adult caring for a minor child in order to meet a short-term need that creates a barrier to self-sufficiency.
(b) The Mayor may make a diversion payment to the head of the assistance unit who is eligible to receive a diversion payment. Nothing in this section shall be construed to create any entitlement to a diversion payment, or to confer on any person any entitlement to a diversion payment.
(c) An individual shall be eligible to receive a diversion payment if the individual:
(1) Is an adult;
(2) Meets all financial eligibility requirements for TANF;
(3) Lives with a minor child and is the caretaker of that child;
(4) Has not received a diversion payment in the previous 12 months;
(5) Has not received TANF, POWER, or GAC in the previous 6 months; and
(6) Requires only short-term financial assistance to meet needs critical to maintaining or securing employment.
(d) A diversion payment shall be the amount determined by the Mayor to be necessary to meet the head of the assistance unit’s needs for short-term financial assistance, but may not exceed 3 times the monthly amount of TANF benefits that the assistance unit would be eligible to receive under the TANF program.
(e) Consideration of the eligibility of a head of the assistance unit for a diversion payment may be made only after consideration of the eligibility of the head of the assistance unit for TANF, in accordance with regulations promulgated by the Mayor.
(f) The Mayor may only consider TANF applicants for consideration of diversion payment eligibility.
(g) The Mayor may refer a TANF applicant for consideration of diversion payment eligibility at any time.
(h) An applicant for assistance who the Mayor determines is eligible for diversion payment shall sign a document that lists the amount, requirements, and conditions of the diversion payment. The recipient’s signature shall indicate an understanding of and agreement to the amount, requirements, and conditions.
(i) Any diversion payment made by the Mayor shall be issued to, or on behalf of, an eligible applicant as soon as practicable after the applicant submits a completed application for assistance and has been determined by the Mayor to be eligible for a diversion payment. An application shall not be considered complete until it includes all required information and necessary documentation.
(j) A recipient of a diversion payment, and anyone who remains a member of the recipient’s assistance unit, shall be ineligible to receive TANF, POWER, or GAC benefits for the number of months equal to the amount of the diversion payment divided by the monthly payment of TANF benefits that the assistance unit would be eligible to receive under the TANF program, beginning with the month in which the recipient receives the diversion payment.
(k) Diversion payments shall not count towards the 60 month lifetime limit for the receipt of TANF.
(l) Receipt of a diversion payment shall not affect the recipient’s right to receive child support for children in the recipient’s care.
§ 4–205.82. Provision of information concerning the Earned Income Credit.
(a) At least once per year, the Mayor may provide written notice regarding the federal Earned Income Tax Credit to each individual listed in subsection (c) of this section.
(b) The notice specified in subsection (a) of this section may include information regarding the following:
(1) A summary of the eligibility requirements for the Earned Income Credit;
(2) The amount of the maximum allowable Earned Income Credit for different family sizes;
(3) A summary of the process for applying for the Earned Income Credit, including the process for receiving advanced payments of the credit; and
(4) A telephone number to call to receive additional information about the Earned Income Credit.
(c) The notice specified in subsection (a) of this section may be provided to:
(1) Each TANF head of an assistance unit;
(2) Each adult who receives Medicaid benefits or who is caring for a child who receives Medicaid benefits; and
