5235010 Human Services, Department of - Notice of Final Rulemaking - Amending Chapters 58 and 72 of 29 DCMR to modify the District's public assistance payment levels TANF, GAC, IDA, and POWER public benefit programs.
-
DEPARTMENT OF HUMAN SERVICES
ECONOMIC SECURITY ADMINISTRATION
NOTICE OF FINAL 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 the intent to take final rulemaking action adopting amendments to Chapters 72 (Standards of Assistance and Payment Levels in Public Assistance Programs) and 58 (Temporary Assistance of Needy Families) of Title 29 (Public Welfare) of the District of Columbia Municipal Regulations (DCMR).
The rules 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 (GAC) (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 also amends 29 DCMR § 5814.5 to refer to the new payment levels enumerated in Chapter 72.
The purpose of the 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, GAC, 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.
DHS adopted these rules as Emergency Rules on September 30, 2014, and rules took effect on October 1, 2014. The Notice of Emergency and Proposed Rulemaking was published in the D.C. Register on November 7, 2014, at 61 DCR 11677. DHS did not receive any comments from the public concerning the proposed rules during the thirty (30)-day comment period, which expired on December 6, 2014. No changes have been made to the text of the rules since published as proposed.
The final rules were adopted on December 12, 2014, and shall supersede the emergency rules upon publication of this Notice of Final Rulemaking in the D.C. Register. These final rules will be effective upon publication of this notice in the D.C. Register.
Section 7200, STANDARDS OF ASSISTANCE AND PAYMENT LEVELS, of Chapter 72, STANDARDS OF ASSISTANCE AND PAYMENT LEVELS IN PUBLIC ASSISTANCE PROGRAMS, of Title 29 DCMR, PUBLIC WELFARE, 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 sixty (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 DCMR, PUBLIC WELFARE, 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.
