5175743 Human Services, Department of - Notice of Emergency and Proposed Rulemaking - amending Chapters 58 and 72 of the 29 DCMR to modify the District's public assistance payment levels for District residents who have been participating in the TANF,...
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DEPARTMENT OF HUMAN SERVICES
ECONOMIC SECURITY ADMINISTRATION
NOTICE OF EMERGENCY AND PROPOSED RULEMAKING
The Interim Director of the Department of Human Services (DHS), pursuant to the authority set forth in Section 552 of the District of Columbia Public Assistance Act of 1982, effective April 6, 1982 (D.C. Law 4-101; D.C. Official Code § 4-205.52 (2012 Repl.)), Mayor’s Reorganization Plan No. 3 of 1986, and the authority set forth in Mayor’s Order 97-53, dated March 19, 1997, hereby gives notice of its intent to amend Chapter 72 (Standards of Assistance and Payment Levels) of Title 29 (Public Welfare) of the District of Columbia Municipal Regulations (DCMR).
The proposed rules will establish new payment levels for recipients of Temporary Assistance for Needy Families (TANF) benefits (D.C. Official Code § 4-205.52), General Assistance for Children (D.C. Official Code § 4-205.05a), Interim Disability Assistance (IDA) (D.C. Official Code § 4-204.07), and Program on Work, Employment and Responsibility (POWER) (D.C. Official Code § 4-205.78); those who have received a TANF benefit for in excess of sixty (60) months (whether or not consecutive); and will amend 29 DCMR § 5814.5 to refer to the new payment levels enumerated in Chapter 72.
The purpose of the proposed rule is to modify the District of Columbia’s (District) public assistance payment levels for District of Columbia residents who have been participating in the TANF, General Assistance for Children, IDA, and POWER public benefit programs. The rules increase payment levels by one and half percent (1.5%) in accordance with the published increase in the Consumer Price Index (CPI). The rules also decrease the payment level for customers who have received a TANF grant for greater than sixty (60) months (whether or not consecutive). The rates are based on a decrease of forty-one and seven tenth percent (41.7%) of the payment levels for TANF recipients from the previous payment level. In addition, the rules modify specific sections of 29 DCMR § 5814.5 to direct the application of the modified payment levels for TANF benefits, pursuant to Chapter 72.
Emergency rulemaking action, pursuant to Section 6(c) of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1206; D.C. Official Code § 2-505(c)), is necessary for the immediate preservation of the welfare of District residents who rely on cash assistance from the District’s TANF, General Assistance for Children, IDA, and POWER programs. The forty-one and seven tenth percent (41.7%) decrease in TANF payments for families over the sixty (60)-month time limit goes into effect on October 1, 2014, and the one and half percent (1.5%) increase goes into effect on the same date pursuant to DHS independent authority to adjust the level of public assistance payments to partially offset the impact of increases in the cost of living and the significant benefit decrease for TANF families over the sixty (60)-month time limit. The amount and timing of the statutorily mandated decrease have been uncertain due to legislative efforts to reverse or modify the District law requiring the forty-one and seven tenth percent (41.7%) decrease. As a result, there is a significant likelihood that TANF customers over the sixty (60)-month time limit are confused about whether and by how much the TANF cash assistance benefits for their family will change in Fiscal Year 2015. The change is imminent and represents a significant loss of cash benefits that these TANF sixty (60)-month families may heavily rely upon. It is imperative to enact these rules on an emergency basis so that these vulnerable District families can plan for the change and protect their welfare. In addition, the one and half percent (1.5%) increase for TANF, General Assistance to Children, IDA, and POWER recipients will benefit the welfare of families depending on cash assistance to combat cost of living increases reflected in the CPI.
DHS adopted the emergency rules on September 30, 2014, and they went into effect on October 1, 2014. The emergency rules shall remain in effect until January 28, 2015; one hundred twenty (120) days after the rules were adopted, unless superseded by publication of a Notice of Final Rulemaking in the D.C. Register. The Interim Director gives notice of the intent to take final rulemaking action in not less than thirty (30) days after publication of this notice in the D.C. Register.
Chapter 72, STANDARDS OF ASSISTANCE AND PAYMENT LEVELS, of Title 29, PUBLIC WELFARE, of the DCMR is amended to read as follows:
7200 STANDARDS OF ASSISTANCE AND PAYMENT LEVELS
7200.1 For the purposes of payments under TANF (D.C. Official Code § 205.52), POWER (D.C. Official Code § 4-205.78), General Assistance for Children (D.C. Official Code § 4-205.05a) and Interim Disability Assistance (D.C. Official Code § 4-204.07), effective October 1, 2007, the District of Columbia's payments levels are adjusted as set forth in § 7200.2.
7200.2 Pursuant to D.C. Official Code § 4-205.52(d), the payment levels set forth in this subsection shall apply to public assistance payments made after October 1, 2014.
Family Size
Standards of Assistance
Payment Level
1
$ 450
$274
2
560
$341
3
712
$434
4
870
$531
5
1,002
$611
6
1,178
$719
7
1,352
$824
8
1,494
$910
9
1,642
$1,002
10
1,786
$1,088
11
1,884
$1,148
12
2,024
$1,234
13
2,116
$1,290
14
2,232
$1,360
15
2,316
$1,412
16
2,432
$1,483
17
2,668
$1,626
18
2,730
$1,664
19
2,786
$1,698
7200.3 Pursuant to Section 552 of the District of Columbia Public Assistance Act of 1982, effective April 6, 1982 (D.C. Law 4-101; D.C. Official Code § 4-205.52), a TANF recipient who has received TANF benefits for more than 60 months, whether or not consecutive months, shall be eligible to receive no more than the payment levels as set forth in § 7200.4.
7200.4 Effective October 1, 2014, the payment levels set forth in this subsection shall apply to recipients who have received TANF benefits for more than 60 months:
Family Size
Standards of Assistance
Payment Level
1
$ 450
$95
2
560
$120
3
712
$152
4
870
$186
5
1,002
$214
6
1,178
$252
7
1,352
$289
8
1,494
$319
9
1,642
$351
10
1,786
$381
11
1,884
$402
12
2,024
$432
13
2,116
$452
14
2,232
$476
15
2,316
$494
16
2,432
$519
17
2,668
$569
18
2,730
$582
19
2,786
$594
Section 5814, INCOME DISREGARDS, of Chapter 58, TEMPORARY ASSISTANCE FOR NEEDY FAMILIES, of Title 29, PUBLIC WELFARE, DCMR is amended as follows:
Subsection 5814.5 is amended to read as follows:
5814.5 After application of these disregards in § 5814.4, the remaining income shall be compared to the Standard of Assistance for a family unit. The Standard of Assistance shall be defined as specified in the District of Columbia Public Assistance Act of 1982, as amended. If less than the Standard of Assistance, the income shall be compared to the payment standard. The payment standard shall be defined as specified in the District of Columbia Public Assistance Act of 1982, as amended. The payment levels set forth in Chapter 72 of Title 29 DCMR shall apply to payments made as of October 1, 2014.
All persons who desire to comment on these proposed rules should submit their comments in writing to the Department of Human Services, 64 New York Avenue, N.E., 6th Floor, Washington, D.C. 20002, Attn: Deborah Carroll, Interim Director, or by email to Deborah.carroll@dc.gov. All comments must be received by the Department of Human Services not later than thirty (30) days after publication of this notice in the D.C. Register. Copies of these rules and related information may be obtained by writing to the above address, or by calling the Department of Human Services at (202) 671-4200.
