Subchapter VIII. Award; Method of Payment.


  • Current through October 23, 2012
  • (a) Upon completion of the investigation pursuant to subchapter IX of this chapter, the Mayor shall determine whether the applicant is eligible for public assistance, the type and amount of public assistance for which he or she is eligible, and the date from which public assistance shall begin. The Mayor shall furnish public assistance with reasonable promptness to each person to whom the Mayor, in his or her discretion, provides public assistance. For the TANF, POWER, and GAC programs, an application for assistance shall be effective on the date that the application is filed. The amount payable for the initial month shall be prorated by multiplying the amount payable if payment were made for the entire month by the ratio of the days in the month including and following the date of application to the total number of days in a month.

    (b) Money payments of public assistance shall be made by check or electronic benefit transfer, except that in emergency cases money payments of public assistance may be made in cash, and to accomplish such purpose the Mayor may make necessary provisions for advancing from time to time to one or more officers or employees of the District such sum or sums as the Mayor may determine; provided, that no such advance shall be made to any such officer or employee who has not been previously bonded in such amount and form as the Mayor shall determine.

    (Apr. 6, 1982, D.C. Law 4-101, § 801, 29 DCR 1060; Mar. 14, 1984, D.C. Law 5-53, § 2(c), 30 DCR 6278; Sept. 10, 1985, D.C. Law 6-35, § 2(n), 32 DCR 3778; Aug. 17, 1991, D.C. Law 9-27, § 2(i), 38 DCR 4205; Mar. 20, 1998, D.C. Law 12-60, § 701(r), 44 DCR 7378; Apr. 20, 1999, D.C. Law 12- 241, § 2(yy), (zz), 46 DCR 905; Apr. 20, 1999, D.C. Law 12-264, § 15(b), 46 DCR 2118.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 3-208.1.

    Temporary Amendments of Section

    For temporary (225 day) amendment of section, see § 101(i) 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 § 2(r) of General Public Assistance Program Termination Temporary Amendment Act of 1997 (D.C. Law 12- 21, September 23, 1997, law notification 44 DCR 5760).

    For temporary (225 day) amendment of section, see § 701(r) of Fiscal Year 1998 Revised Budget Support Temporary Act of 1997 (D.C. Law 12-59, March 20, 1998, law notification 45 DCR 2094).

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

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

    Emergency Act Amendments

    For temporary amendment of section, see § 101(i) 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(i) 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(x) of the Public Assistance Emergency Amendment Act of 1997 (D.C. Act 12-25, February 27, 1997, 44 DCR 1778), and § 2(x) of the Public Assistance Legislative Review Emergency Amendment Act of 1997 (D.C. Act 12-77, May 27, 1997, 44 DCR 3181).

    For temporary amendment of section, see § 2(r) of the General Public Assistance Program Termination Emergency Amendment Act of 1997 (D.C. Act 12-72, May 12, 1997, 44 DCR 2989).

    For temporary amendment of section, see § 701(r) of the Fiscal Year 1998 Revised Budget Support Emergency Act of 1997 (D.C. Act 12-152, October 17, 1997, 44 DCR 6196), and see § 701(r) of the Fiscal Year 1998 Revised Budget Support Congressional Review Emergency Act of 1997 (D.C. Act 12-239, January 13, 1998, 45 DCR 508).

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

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

    Legislative History of Laws

    For legislative history of D.C. Law 4-101, see Historical and Statutory Notes following § 4-201.01.

    For legislative history of D.C. Law 5-53, see Historical and Statutory Notes following § 4-208.05.

    For legislative history of D.C. Law 6-35, see Historical and Statutory Notes following § 4-202.05.

    For legislative history of D.C. Law 9-27, see Historical and Statutory Notes following § 4-205.05a.

    For legislative history of D.C. Law 12-60, see Historical and Statutory Notes following § 4-201.01.

    For legislative history of D.C. Law 12-241, see Historical and Statutory Notes following § 4-201.01.

    For legislative history of D.C. Law 12-264, see Historical and Statutory Notes following § 4-202.05.

    Miscellaneous Notes

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

  • Current through October 23, 2012 Back to Top
  • The Mayor may authorize a supplemental payment when necessary to meet the needs of its clients, according to established budget standards. A supplemental payment is defined as the 2nd payment to a recipient of public assistance for the same month.

    (Apr. 6, 1982, D.C. Law 4-101, § 802, 29 DCR 1060.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 3-208.2.

    Legislative History of Laws

    For legislative history of D.C. Law 4-101, see Historical and Statutory Notes following § 4-201.01.

  • Current through October 23, 2012 Back to Top
  • (a) When a recipient of public assistance receives a payment or series of payments in an amount less than that for which the recipient is eligible, or does not receive payments for which the recipient is eligible, the underpayment shall be corrected retroactively for not more than 12 months prior to whichever of the following occurs first:

    (1) The date the Mayor received a request for restoration of assistance from the recipient;

    (2) The date the recipient requested a fair hearing concerning the loss of assistance; or

    (3) The date the Mayor is notified or otherwise discovered that a loss of benefits to an assistance unit has occurred.

    (b) Nothing in this section shall be construed to confer an entitlement to public assistance to any individual. The decision to grant public assistance to an eligible individual lies in the sole discretion of the Mayor.

    (Apr. 6, 1982, D.C. Law 4-101, § 803, 29 DCR 1060; Apr. 20, 1999, D.C. Law 12-241, § 2(aaa), 46 DCR 905.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 3-208.3.

    Temporary Amendments of Section

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

    Emergency Act Amendments

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

    Legislative History of Laws

    For legislative history of D.C. Law 4-101, see Historical and Statutory Notes following § 4-201.01.

    For legislative history of D.C. Law 12-241, see Historical and Statutory Notes following § 4-201.01.

  • Current through October 23, 2012 Back to Top
  • The amount of assistance that the Mayor may pay to a TANF, POWER, or GAC recipient shall be the amount for which the individual or family is eligible, rounded down, when not a whole dollar amount, to the next lower whole dollar amount, except as provided in § 4-205.51.

    (Apr. 6, 1982, D.C. Law 4-101, § 804, 29 DCR 1060; Mar. 14, 1984, D.C. Law 5-53, § 2(b), 30 DCR 6278; Apr. 20, 1999, D.C. Law 12-241, § 2(bbb), 46 DCR 905.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 3-208.4.

    Temporary Amendments of Section

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

    Emergency Act Amendments

    For temporary amendment of section, see § 2(p) and (x) of the Public Assistance Emergency Amendment Act of 1997 (D.C. Act 12-25, February 27, 1997, 44 DCR 1778), and § 2(p) 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(p) 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(bbb) of the Self-Sufficiency Promotion Emergency Amendment Act of 1998 (D.C. Act 12-372, June 9, 1998, 45 DCR 4270), § 2(bbb) of the Self-Sufficiency Promotion Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-425, July 31, 1998, 45 DCR 5682), § 2(bbb) 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(bbb) of the Self-Sufficiency Promotion Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-19, February 17, 1999, 46 DCR 2492).

    Legislative History of Laws

    For legislative history of D.C. Law 4-101, see Historical and Statutory Notes following § 4-201.01.

    For legislative history of D.C. Law 5-53, see Historical and Statutory Notes following § 4-208.05.

    For legislative history of D.C. Law 12-241, see Historical and Statutory Notes following § 4-201.01.

  • Current through October 23, 2012 Back to Top
  • (a) For any month in which a person who received benefits under the former General Public Assistance ("GPA") program received both GPA and Supplemental Security Income ("SSI"), the former GPA recipient shall repay to the District of Columbia:

    (1) The entire GPA monthly assistance payment if the SSI benefits received equaled or exceeded the GPA payment; or

    (2) That portion of the GPA monthly assistance payment equal in amount to the SSI benefits received if the SSI benefits received were less than the GPA payment.

    (b) In order to make repayment in accordance with subsection (a) of this section, a former GPA recipient who applied for SSI must have agreed to have the initial SSI benefit forwarded directly to the Department of Human Services.

    (c) Upon receipt of a former GPA recipient's initial SSI benefit, the Department shall calculate, in accordance with subsection (a) of this section, the amount of the benefit due to the Department as repayment and the amount, if any, due the former GPA recipient. The Department shall provide the former GPA recipient with a written explanation of this calculation and shall pay any amount due the former GPA recipient, in accordance with 42 U.S.C. § 1383 (g) and SSA Interim Assistance Provisions, 20 C.F.R. § 416.1901 to 416.1922 (1983).

    (d) Repealed.

    (Apr. 6, 1982, D.C. Law 4-101, § 805, as added Mar. 14, 1984, D.C. Law 5- 53, § 2(d), 30 DCR 6278; Mar. 20, 1998, D.C. Law 12-60, § 701(s), 44 DCR 7378; Apr. 20, 1999, D.C. Law 12-241, § 2(ccc), 46 DCR 905.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 3-208.5.

    Temporary Amendments of Section

    For temporary (225 day) amendment of section, see § 2(s) of General Public Assistance Program Termination Temporary Amendment Act of 1997 (D.C. Law 12- 21, September 23, 1997, law notification 44 DCR 2760).

    For temporary (225 day) amendment of section, see § 701(s) of Fiscal Year 1998 Revised Budget Support Temporary Act of 1997 (D.C. Law 12-59, March 20, 1998, law notification 45 DCR 2094).

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

    Emergency Act Amendments

    For temporary amendment of section, see § 2(s) of the General Public Assistance Program Termination Emergency Amendment Act of 1997 (D.C. Act 12-72, May 12, 1997, 44 DCR 2989).

    For temporary amendment of section, see § 701(s) of the Fiscal Year 1998 Revised Budget Support Emergency Act of 1997 (D.C. Act 12-152, October 17, 1997, 44 DCR 6196), and see § 701(s) of the Fiscal Year 1998 Revised Budget Support Congressional Review Emergency Act of 1997 (D.C. Act 12-239, January 13, 1998, 45 DCR 508).

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

    Legislative History of Laws

    Law 5-53, the "Public Assistance Act of 1982 Amendments Act of 1983," was introduced in Council and assigned Bill No. 5-92, which was referred to the Committee on Human Services. The Bill was adopted on first and second readings on November 1, 1983, and November 15, 1983, respectively. Signed by the Mayor on November 21, 1983, it was assigned Act No. 5-79 and transmitted to both Houses of Congress for its review.

    For legislative history of D.C. Law 12-60, see Historical and Statutory Notes following § 4-201.01.

    For legislative history of D.C. Law 12-241, see Historical and Statutory Notes following § 4-201.01.

    Miscellaneous Notes

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