§ 4–205.52. Determination of amount of public assistance payments for assistance unit; standards of assistance enumerated.

DC Code § 4–205.52 (2019) (N/A)
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(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(b) Repealed.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:

(c-1) Repealed.

(c-2) Repealed.

(c-3) Repealed.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).

(Apr. 6, 1982, D.C. Law 4-101, § 552, 29 DCR 1060; May 19, 1982, D.C. Law 4-108, § 3, 29 DCR 1413; Aug. 10, 1984, D.C. Law 5-100, § 2, 31 DCR 2896; Apr. 11, 1986, D.C. Law 6-106, § 2, 33 DCR 1165; June 25, 1986, D.C. Law 6-124, § 2(c), 33 DCR 2940; Mar. 11, 1988, D.C. Law 7-86, § 2(a), 35 DCR 140; Aug. 17, 1991, D.C. Law 9-27, § 2(g), 38 DCR 4205; Sept. 26, 1995, D.C. Law 11-52, § 502(e), 42 DCR 3684; Oct. 27, 1995, D.C. Law 11-72, § 201(f), 42 DCR 4728; Apr. 18, 1996, D.C. Law 11-110, § 9(b), 43 DCR 530; Apr. 9, 1997, D.C. Law 11-199, § 302, 43 DCR 4569; Aug. 1, 1996, D.C. Law 11-152, § 101(a), 43 DCR 2978; Apr. 9, 1997, D.C. Law 11-198, § 302, 43 DCR 4569; Apr. 20, 1999, D.C. Law 12-241, § 2(qq), 46 DCR 905; Apr. 8, 2011, D.C. Law 18-370, § 522(f), 58 DCR 1008; Sept. 14, 2011, D.C. Law 19-21, § 5022, 58 DCR 6226; Sept. 20, 2012, D.C. Law 19-168, § 5172, 59 DCR 8025; Feb. 26, 2015, D.C. Law 20-155, § 5072(b), 61 DCR 9990; Oct. 22, 2015, D. C. Law 21-36, § 5002, 62 DCR 10905; Oct. 8, 2016, D.C. Law 21-160, § 5002, 63 DCR 10775; Dec. 13, 2017, D.C. Law 22-33, § 5002(e), 64 DCR 7652.)

1981 Ed., § 3-205.52.

This section is referenced in § 4-204.07, § 4-205.10, § 4-205.11b, and § 4-205.78.

D.C. Law 18-370 added subsec. (c-2).

D.C. Law 19-21 added subsec. (c-3).

The 2012 amendment by D.C. Law 19-168, in (c-3)(1), substituted “fiscal year 2014” for “fiscal year 2013” and “fiscal year 2013” for “fiscal year 2012”; in (c-3)(2), substituted “fiscal year 2015” for “fiscal year 2014” and “fiscal year 2014” for “fiscal year 2013”; and substituted “fiscal year 2016” for “fiscal year 2015” in (c-3)(3).

The 2015 amendment by D.C. Law 20-155 added (d-1).

The 2015 amendment by D.C. Law 21-36 rewrote (c-3)(3); added (c-3)(4) and made a related change; and rewrote (d-1).

Expiration of Law 11-72

See note to § 4-205.01.

For temporary (90 days) amendment of this section, see § 5002(e) of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).

For temporary (90 days) amendment of this section, see § 5002(e) of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).

For temporary amendment of section, see § 101(g) 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(g) 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 § 2 of the Public Assistance and Day Care Policy Emergency Amendment Act of 1994 (D.C. Act 10-326, October 21, 1994, 41 DCR 7153).

For temporary amendment of section, see § 502(e) of the Multiyear Budget Spending Reduction and Support Emergency Act of 1994 (D.C. Act 10-389, December 29, 1994, 42 DCR 197).

For temporary amendment of section, see § 2(b) of the Human Services Spending Reduction Emergency Amendment Act of 1995 (D.C. Act 11-35, April 11, 1995, 42 DCR 1834) and § 2(b) 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(e) 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 § 101 of the Fiscal Year 1996 Budget Support Emergency Act of 1996 (D.C. Act 11-264, April 26, 1996, 43 DCR 2412).

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

For temporary repeal of § 101 and 102 of the Fiscal Year 1996 Budget Support Emergency Act of 1996, effective April 26, 1996 (D.C. Act 11-264), see § 4 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 § 302 of the Fiscal Year 1997 Budget Support Emergency Act of 1996 (D.C. Act 11-302, July 25, 1996, 43 DCR 4181), and § 302 of the Fiscal Year 1997 Budget Support Congressional Adjournment Emergency Amendment Act of 1997 (D.C. Act 12-2, February 19, 1997, 44 DCR 1590).

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

For temporary amendment of section, see § 302 of the Fiscal Year 1997 Budget Support Emergency Amendment Act of 1996 (D.C. Act 11-429, October 29, 1996, 43 DCR 6151), and see § 302 of the Fiscal Year 1997 Budget Support Congressional Adjournment Emergency Amendment Act of 1997 (D.C. Act 12-2, February 19, 1997, 44 DCR 1590).

For temporary amendment of section, see § 2 of the Public Assistance Reduction Emergency Amendment Act of 1996 (D.C. Act 11-492, January 8, 1997, 44 DCR 763).

For temporary amendment of section, see § 2(n) and (x) of the Public Assistance Emergency Amendment Act of 1997 (D.C. Act 12-25, February 27, 1997, 44 DCR 1778), and § 2(n) and (x) of the Public Assistance Legislative Review Emergency Amendment Act of 1997 (D.C. Act 12-77, May 27, 1997, 44 DCR 3181).

For temporary amendment of section, see § 2(n) and (x) of the Public Assistance Emergency Amendment Act of 1998 (D.C. Act 12-306, March 20, 1998, 45 DCR 1900).

For temporary amendment of section, see § 2(qq) of the Self-Sufficiency Promotion Emergency Amendment Act of 1998 (D.C. Act 12-372, June 9, 1998, 45 DCR 4270), § 2(qq) of the Self-Sufficiency Promotion Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-425, July 31, 1998, 45 DCR 5682), § 2(qq) of the Self-Sufficiency Promotion Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-552, December 24, 1998, 46 DCR 521), and § 2(qq) 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 (90 day) amendment of section, see § 522(c) of Fiscal Year 2011 Supplemental Budget Support Emergency Act of 2010 (D.C. Act 18-694, January 19, 2011, 58 DCR 662).

For temporary amendment of (c-3), see § 2 of the Temporary Assistance for Needy Families Time Delay Emergency Amendment Act of 2012 (D.C. Act 19-450, September 20, 2012, 59 DCR 11093).

For temporary amendment of (c-3), see § 2 of the Temporary Assistance for Needy Families Time Delay Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-570, December 20, 2012, 60 DCR 95.

For temporary (90 days) amendment of this section, see § 2 of the Temporary Assistance for Needy Families Time Extension Emergency Act of 2013 (D.C. Act 20-26, March 14, 2013, 60 DCR 4614, 20 DCSTAT 489).

For temporary (90 days) amendment of this section, see § 2 of the Temporary Assistance for Needy Families Time Extension Congressional Review Emergency Act of 2013 (D.C. Act 20-86, June 19, 2013, 60 DCR 9540, 20 DCSTAT 1445).

For temporary (90 days) repeal of D.C. Law 19-168, § 5173, see § 5122 of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827).

For temporary (90 days) repeal of D.C. Law 19-168, § 5173, see § 5122 of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311).

For temporary (90 days) amendment of this section, see § 5072(b) of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).

For temporary (90 days) amendment of this section, as amended by D.C. Law 20-155, § 5072(b), see § 2(h) of the Fiscal Year 2015 Budget Support Clarification Emergency Act of 2014 (D.C. Act 20-461, November 6, 2014, 61 DCR 11784, 20 STAT 4368).

For temporary (90 days) amendment of this section, see § 5072(b) of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).

For temporary (90 days) amendment of this section, see § 5072(b) of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541).

For temporary (90 days) amendment of this section, see § 2(h) of the Fiscal Year 2015 Budget Support Clarification Congressional Review Emergency Amendment Act of 2014 (D.C. Act 20-587, January 13, 2015, 62 DCR 1294, 21 STAT 758).

For temporary (90 days) addition of this section, see § 5002 of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

For temporary (225 day) amendment of section, see § 101(g) 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 of Public Assistance and Day Care Policy Temporary Amendment Act of 1994 (D.C. Law 10-208, March 14, 1995, law notification 42 DCR 1568).

For temporary (225 day) amendment of section, see § 502(e) of Multiyear Budget Spending Reduction and Support Temporary Act of 1995 (D.C. Law 10-253, March 23, 1995, law notification 42 DCR 1652).

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

Section 507 of D.C. Law 11-52 repealed D.C. Law 10-208.

For temporary repeal of the Public Assistance and Day Care Policy Temporary Amendment Act of 1994, enacted November 22, 1994, enacted November 22, 1994, see § 507 of the Omnibus Budget Support Congressional Review Emergency Act of 1995 (D.C. Act 11-124, July 27, 1995, 42 DCR 4160).

For temporary (225 day) amendment of section, see § 302 of Fiscal Year 1997 Budget Support Temporary Amendment Act of 1996 (D.C. Law 11-226, April 9, 1997, law notification 44 DCR 2584).

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

For temporary (225 day) amendment of section, see § 2(n), (x) of Public Assistance Temporary Amendment Act of 1998 (D.C. Law 12-130, July 24, 1998, law notification 45 DCR 6501).

For temporary (225 day) amendment of section, see § 2(qq) of Self-Sufficiency Promotion Temporary Amendment Act of 1998 (D.C. Law 12-230, April 20, 1999, law notification 46 DCR 4143).

Section 2 of D.C. Law 19-221 amended (c-3) section to read as follows:

“(c-3) In addition to the reduction set forth in subsection (c-2) of this section, the following adjustments shall be made to the level of public assistance payment for assistance units subject to § 4-205.11b:

“(1) For the period beginning April 1, 2013, and ending September 30, 2013, a reduction of 25% of the fiscal year 2012 amount;

“(2) For fiscal year 2014, a reduction of 41.7% of the amount established by paragraph (1) of this subsection; and

“(3) For fiscal year 2015 and thereafter, no benefits shall be provided.”

Section 4(b) of D.C. Law 19-221 provided that the act shall expire after 225 days of its having taken effect.

For temporary (225 days) amendment of this section, see § 2 of the Temporary Assistance for Needy Families Time Extension Temporary Amendment Act of 2013 (D.C. Law 20-7, June 22, 2013, 60 DCR 6397, 20 DCSTAT 1275).

For temporary (225 days) amendment of this section, see § 2(g) of the Fiscal Year 2015 Budget Support Clarification Temporary Amendment Act of 2014 (D.C. Law 20-179, March 7, 2015, 62 DCR 424).

Short title: Section 5021 of D.C. Law 19-21 provided that subtitle C of title V of the act may be cited as “Office of Asian and Pacific Islander Affairs Grant-Making Authority Amendment Act of 2011”.

Section 5121 of D.C. Law 20-61 provided that Subtitle K of Title V of the act may be cited as the “District of Columbia Public Assistance Amendment Act of 2013”.

Application of provisions of Law 11-198: Section 1001 of D.C. Law 11-198 provided that titles I, II, III, V, and VI and sections 405 and 406 of the act shall apply after September 30, 1996.

Section 5173 of D.C. Law 19-168 provided that § 5172 shall apply upon certification by the Chief Financial Officer that sufficient revenue is available in the June 2012, September 2012, or December 2012 revenue estimates to fund section 10002(a)(1) and (2)(A) of D.C. Law 19-168.

Section 5122 D.C. Law 20-61 repealed D.C. Law 19-168, § 5173.

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