Section 29-5809. EXEMPTIONS

 

5809.1At or before the preliminary assessment, all TANF applicants shall receive written and oral notice of exemptions as set forth in subsection 5809.4.

 

5809.2The applicant or recipient shall acknowledge receipt of the notice in subsection 5809.1. IMA shall provide this notice at least once per year.

 

5809.3The notice shall inform each applicant or recipient that:

 

(a)He or she has a right to claim an exemption;

 

(b)An individual who is exempt from participating may participate in any work activities voluntarily;

 

(c)He or she has a right to claim a good cause circumstance for failure to participate in any required activity, as set forth in Section 5810; and

 

(d)He or she may be eligible for other benefits, such as Food Stamps or Medicaid.

 

5809.4The following individuals shall be exempt from the work activities defined in subsection 5808.1, including completing an Individual Responsibility Plan, job search and job readiness activities:

 

(a)A minor who is not the head of household, including minors in payee-only cases;

 

(b)A single custodial parent or caretaker with a child under twelve (12) months old, provided that no parent may qualify for such an exemption for more than twelve (12) months;

 

(c)A single custodial parent or caretaker personally providing care for a child under six (6) years old, if the parent or caretaker demonstrates an inability, as determined by the Director or his or her designee, to obtain needed child care because:

 

(1)Appropriate and affordable formal child care is unavailable;

 

(2)Informal child care (such as by a relative) is unavailable or unsuitable; or

 

(3)Appropriate child care, formal or informal, within a reasonable distance from the parent or caretaker's home or job search/job readiness site is unavailable;

 

(d)A parent or caretaker in a two-parent or two-caretaker assistance unit who is not the primary wage earner (if the assistance unit is eligible for TANF because of the primary wage earner's unemployment), and who is personally providing care for a child under six (6) years old, if the parent or caretaker demonstrates an inability, as determined by the Director or his or her designee, to obtain needed child care because:

 

(1)Appropriate and affordable formal child care is unavailable;

 

(2)Informal child care (such as by a relative) is unavailable or unsuitable; or

 

(3)Appropriate child care, formal or informal, within a reasonable distance from the parent or caretaker's home or job search/job readiness site is unavailable;

 

(e)Both parents or caretakers in a two-parent or two-caretaker assistance unit (if assistance unit is eligible for TANF because of one parent or caretaker's incapacity), if the non-incapacitated parent or caretaker is personally providing care for a child under six (6) years old and demonstrates an inability, as determined by the Director or his or her designee, to obtain needed child care because:

 

(1)Appropriate and affordable formal child care is unavailable;

 

(2)Informal child care (such as by a relative) is unavailable or unsuitable; or

 

(3)Appropriate child care, formal or informal, within a reasonable distance from the parent or caretaker's home or job search/job readiness site is unavailable;

 

(f)A person who is ill, if the Director or his or her designee determines, on the basis of competent medical evidence (or other sound basis), that the illness or injury prevents participation in work activities;

 

(g)A person who is incapacitated (including a period of recuperation after childbirth prescribed by a physician), if the Director or his or her designee verifies that a physical or mental impairment, determined by a physician or a licensed or certified psychologist, prevents the person from participating in work activities;

 

(h)A person who is sixty (60) years of age or older;

 

(i)A person who is needed in the home because another household member requires the person's presence due to illness or incapacity (as determined by a physician or licensed or certified psychologist) and no other appropriate member of the household is available to provide the needed care;

 

(j)A person who is pregnant and presents medical verification that she is in the second or third trimester;

 

(k)A person in a one (1) parent assistance unit who is working in paid or approved volunteer employment, approved work experience, or participating in another activity countable as work under District law for the minimum number of hours required to meet the work participation rate as set forth by subsection 5804.2;

 

(l)Persons in a two (2) parent assistance unit who are working in paid or approved volunteer employment, approved work experience, or participating in another activity countable as work under District law, for at least thirty-five (35) hours per week (or an average of one hundred and forty (140) hours per month);

 

(m)A full-time VISTA (Volunteers In Service to America) or Americorps volunteer; and

 

(n)With respect to the District-funded portion of TANF, individuals who are enrolled in local, accredited post-secondary educational institutions.

 

5809.5An applicant or recipient shall be able to request an exemption at any time, either orally or in writing. DHS shall process all requests for an exemption within thirty (30) days of the applicant or recipient's submission of all reasonably necessary verification to support the requested exemption.

 

5809.6Denial of an exemption shall:

 

(a)Be in writing;

 

(b)State the reason for denial; and

 

(c)Explain the process of appealing the decision.

 

5809.7Denials may be appealed through the fair hearing process.

 

source

Final Rulemaking published at 48 DCR 10251 (November 9, 2001).