(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(d) Repealed.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.

(h) The Mayor shall issue rules to implement this section in accordance with subchapter I of Chapter 5 of Title 2.

(Apr. 6, 1982, D.C. Law 4-101, § 505a; as added Aug. 17, 1991, D.C. Law 9-27, § 2(d), 38 DCR 4205; Feb. 5, 1994, D.C. Law 10-68, § 10(c), 40 DCR 6311; Apr. 20, 1999, D.C. Law 12-241, § 3, 46 DCR 905.)

1981 Ed., § 3-205.5a.

This section is referenced in § 4-201.01.

For temporary amendment of section, see § 101(d) of the Omnibus Budget Support Emergency Act of 1991 (D.C. Act 9-37, May 17, 1991, 38 DCR 3390).

For temporary amendment of section, see § 101(d) of the Omnibus Budget Support Congressional Recess Emergency Act of 1991 (D.C. Act 9-69, July 24, 1991, 38 DCR 4945).

For temporary amendment of section, see § 3 of the Public Assistance Emergency Amendment Act of 1997 (D.C. Act 12-25, February 27, 1997, 44 DCR 1778), and § 3 of the Public Assistance Legislative Review Emergency Amendment Act of 1997 (D.C. Act 12-77, May 27, 1997, 44 DCR 3181).

For temporary amendment of section, see § 3 of the Public Assistance Emergency Amendment Act of 1998 (D.C. Act 12-306, March 20, 1998, 45 DCR 1900).

For temporary amendment of section, see § 3 of the Self-Sufficiency Promotion Emergency Amendment Act of 1998 (D.C. Act 12-372, June 9, 1998, 45 DCR 4270), § 3 of the Self-Sufficiency Promotion Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-425, July 31, 1998, 45 DCR 5682), § 3 of the Self-Sufficiency Promotion Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-552, December 24, 1998, 46 DCR 521), and § 3 of the Self-Sufficiency Promotion Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-19, February 17, 1999, 46 DCR 2492).

For temporary (225 day) addition of section, see § 101(d) of Omnibus Budget Support Temporary Act of 1991 (D.C. Law 9-19, June 21, 1991, law notification 38 DCR 5786).

For temporary (225 day) amendment of section, see § 2(x) of Public Assistance Temporary Amendment Act of 1997 (D.C. Law 12-7, August 1, 1997, law notification 44 DCR 4639).

For temporary (225 day) amendment of section, see § 3 of Public Assistance Temporary Amendment Act of 1998 (D.C. Law 12-130, July 24, 1998, law notification 45 DCR 6501).

For temporary (225 day) amendment of section, see § 3 of Self-Sufficiency Promotion Temporary Amendment Act of 1998 (D.C. Law 12-230, April 20, 1999, law notification 46 DCR 4143).