Subchapter XIV. District Claims of Support from Estates; Funeral Expenses.

§ 4–214.01. Claim of District against estate of recipient; lien in favor of District; payment of share to United States.

(a) At the death of any person who has received public assistance in the form of Old Age Assistance, or Aid to the Disabled pursuant to the provisions of this chapter, or of any act repealed by this act, the District shall have a preferred claim for the amount of any such public assistance against the estate of the deceased recipient. Notwithstanding the provisions of any other law, no statute of limitations shall be deemed applicable as a defense to any claim of the District made pursuant to this section. The Mayor may waive any such claim when in his or her judgment he or she deems it appropriate to do so.

(b) In addition to the remedy provided by subsection (a) of this section, or by any other provision of law, the Mayor may file a notice in the Office of the Recorder of Deeds in any case where public assistance in the form of Old Age Assistance or Aid to the Disabled is granted to any person under this chapter, and such notice shall constitute and have the effect of a lien in favor of the District against the real and personal property of such person for the amount of such public assistance which theretofore has been granted or which may thereafter be granted to, or on behalf of, such persons. Any such lien may be enforced by the proceeding filed in the Superior Court of the District of Columbia. The Mayor shall file in the Office of the Recorder of Deeds a release of any such real and personal property from the effect of such lien wherever there has been repaid to the District the amount of the public assistance theretofore granted to, or on behalf of, such person. The Mayor is also authorized to release any such lien when in his or her judgment he or she deems it appropriate to do so. Such notices and release may be filed without payment of fees.

(c) If the District collects from any recipient of public assistance in the form of Old Age Assistance or Aid to the Disabled or from his estate, or otherwise, any amount with respect to public assistance furnished him or her under this chapter, the pro rata share to which the United States is equitably entitled shall be paid to the United States in accordance with the provisions of the Social Security Act, as amended (42 U.S.C. §§ 303, 603, 1203, 1353). The pro rata share due the District shall be deposited as miscellaneous receipts to the credit of the District.

§ 4–214.02. Funeral expenses — Payment permitted. [Repealed]

Repealed.

§ 4–214.03. Funeral expenses — Indigent residents; wards of District.

The Mayor, pursuant to § 4-214.04, may provide for the payment of funeral and burial expenses of children in foster care and persons committed to the Youth Services Administration, Department of Human Services.

§ 4–214.04. Funeral allowance.

The family of the deceased may choose a funeral director or establishment to provide a funeral service from a list of forms that have signed agreements with the Mayor to provide such services. The Mayor shall pay a maximum of $450.00 for a complete funeral service including the burial plot.

(Apr. 6, 1982, D.C. Law 4-101, § 1404, 29 DCR 1060; Sept. 26, 1995, D.C. Law 11-52, § 502(i), 42 DCR 3684; Aug. 1, 1996, D.C. Law 11-152, § 101(d), 43 DCR 2978; Apr. 9, 1997, D.C. Law 11-255, § 8(b), 44 DCR 1271.)

Prior Codifications

1981 Ed., § 3-214.4.

Section References

This section is referenced in § 4-214.03.

Emergency Legislation

For temporary amendment of section, see § 2(e) of the Human Services Spending Reduction Emergency Amendment Act of 1995 (D.C. Act 11-35, April 11, 1995, 42 DCR 1834) and § 2(e) of the Human Services Spending Reduction Congressional Recess Emergency Amendment Act of 1995 (D.C. Act 11-104, July 21, 1995, 42 DCR 4014).

For temporary amendment of section, see § 502(i) of the Omnibus Budget Support Congressional Review Emergency Act of 1995 (D.C. Act 11-124, July 27, 1995, 42 DCR 4160).

For temporary amendment of section, see § 2(d) of the Emergency and Public Assistance Emergency Amendment Act of 1996 (D.C. Act 11-277, May 29, 1996, 43 DCR 2971).

For temporary amendment of section, see § 101(d) of the Fiscal Year 1996 Budget Support Congressional Review Emergency Act of 1996 (D.C. Act 11-335, August 1, 1996, 43 DCR 4256).

Temporary Legislation

For temporary (225 day) amendment of section, see § 2(e) of Human Services Spending Reduction Temporary Amendment Act of 1995 (D.C. Law 11-29, July 25, 1995, law notification 42 DCR 4002).