• Current through October 23, 2012

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 payments actually received.

(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 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.

(Apr. 6, 1982, D.C. Law 4-101, § 505, 29 DCR 1060; Mar. 14, 1985, D.C. Law 5-150, § 2(a), 31 DCR 6425; Sept. 10, 1985, D.C. Law 6-35, § 2(b), 32 DCR 3778; Mar. 15, 1990, D.C. Law 8-86, § 2(a), 37 DCR 48; Apr. 20, 1999, D.C. Law 12-241, § 2(j), 46 DCR 905; Apr. 19, 2002, D.C. Law 14-114, § 292(b), 49 DCR 1468.)

HISTORICAL AND STATUTORY NOTES

Effect of Amendments

D.C. Law 14-114, in par. (4), substituted "payments made by a government agency to a third party for child care, housing, or medical assistance; a relocation payment under § 42-2851.05;" for "payments made by a government agency to a third party for child care, housing, or medical assistance;".

Prior Codifications

1981 Ed., § 3-205.5.

Temporary Amendments of Section

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(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(j) 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(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(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(j) of the Self-Sufficiency Promotion Emergency Amendment Act of 1998 (D.C. Act 12-372, June 9, 1998, 45 DCR 4270), § 2(j) of the Self-Sufficiency Promotion Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-425, July 31, 1998, 45 DCR 5682), § 2(j) 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(j) 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.

Law 5-150, the "District of Columbia Public Assistance Act of 1982 Temporary Amendments Act of 1984," was introduced in Council and assigned Bill No. 5-530, which was referred to the Committee on Human Services. The Bill was adopted on first and second readings on October 23, 1984, and November 7, 1984, respectively. Signed by the Mayor on November 29, 1984, it was assigned Act No. 5-214 and transmitted to both Houses of Congress for its review.

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

Law 8-67, the "District of Columbia Public Assistance Act of 1982 Conforming Amendments Amendment Temporary Act of 1989," was introduced in Council and assigned Bill No. 8-390, which was retained by Council. The Bill was adopted on first and second readings on September 26, 1989, and October 10, 1989, respectively. Signed by the Mayor on October 27, 1989, it was assigned Act No. 8-102 and transmitted to both Houses of Congress for its review.

Law 8-86, the "District of Columbia Public Assistance Act of 1982 Conforming Amendments Amendment Act of 1989," was introduced in Council and assigned Bill No. 8-391, which was referred to the Committee on Human Services. The Bill was adopted on first and second readings on November 21, 1989, and December 5, 1989, respectively. Signed by the Mayor on December 21, 1989, it was assigned Act No. 8-136 and transmitted to both Houses of Congress for its review.

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

Law 14-114, the "Housing Act of 2002", was introduced in Council and assigned Bill No. 14-183, which was referred to the Committee on Finance and Revenue. The Bill was adopted on first and second readings on December 4, 2001, and January 8, 2002, respectively. Signed by the Mayor on February 6, 2002, it was assigned Act No. 14-267 and transmitted to both Houses of Congress for its review. D.C. Law 14-114 became effective on April 19, 2002.