5846983 Human Services, Department of - Notice of Final Rulemaking - Amend Chapter 72 to establish updated public assistance payment levels and to make conforming amendments to Chapter 58

DEPARTMENT OF HUMAN SERVICES

ECONOMIC SECURITY ADMINISTRATION

 

NOTICE OF FINAL RULEMAKING

 

The 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 2006-50, dated April 13, 2006, hereby gives notice of its intent to take final rulemaking action adopting amendments to Chapters 72 (Standards of Assistance and Payment Levels) and 58 (Temporary Assistance for Needy Families) of Title 29 (Public Welfare) of the District of Columbia Municipal Regulations (DCMR). 

 

The rules establish new payment levels for recipients of the following benefits:  Temporary Assistance for Needy Families (TANF) (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). The rules also amend 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 residents who have been participating in the TANF, GC, IDA, and POWER public benefit programs.  The rules increase payment levels by one point six percent (1.6%) in accordance with the published increase in the Consumer Price Index (CPI) for all items in the preceding calendar year as required by D.C. Official Code § 4-205.52(d-1) and (c-3)(3).  In addition, the rules amend 29 DCMR § 5814.5 to direct the application of the modified payment levels for public benefits, pursuant to Chapter 72.   

 

The Notice of Proposed Rulemaking was published in the D.C. Register on November 13, 2015, at 62 DCR 14890. DHS did not receive any comments from the public concerning the proposed rules during the thirty (30)-day comment period, which expired on December 14, 2015. No changes have been made to the text of the rules since published as proposed.

 

These rules were adopted as final on December 30, 2015, and shall take effect upon publication of this notice in the D.C. Register.

 

Chapter 72, STANDARDS OF ASSISTANCE AND PAYMENT LEVELS IN PUBLIC ASSISTANCE PROGRAMS, of Title 29 DCMR, PUBLIC WELFARE, is amended as follows:

 

Section 7200, STANDARDS OF ASSISTANCE AND PAYMENT LEVELS, 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, 2015.

 

Family Size	Standards of Assistance	Payment Level
1	$ 450	$278
2	560	$346
3	712	$441
4	870	$539
5	1,002	$621
6	1,178	$731
7	1,352	$837
8	1,494	$925
9	1,642	$1,018
10	1,786	$1,105
11	1,884	$1,166
12	2,024	$1,254
13	2,116	$1,311
14	2,232	$1,382
15	2,316	$1,435
16	2,432	$1,507
17	2,668	$1,652
18	2,730	$1,691
19	2,786	$1,725

 

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 set forth in § 7200.4.

 

7200.4                          Effective October 1, 2015, the payment levels set forth in this subsection shall apply to recipients who have received TANF benefits for more than sixty (60) months:

 

Family Size	Standards of Assistance	Payment Level
1	$ 450	$97
2	560	$122
3	712	$154
4	870	$189
5	1,002	$217
6	1,178	$256
7	1,352	$294
8	1,494	$324
9	1,642	$357
10	1,786	$387
11	1,884	$408
12	2,024	$439
13	2,116	$459
14	2,232	$484
15	2,316	$502
16	2,432	$527
17	2,668	$578
18	2,730	$591
19	2,786	$604

             

Chapter 58, TEMPORARY ASSISTANCE FOR NEEDY FAMILIES, of Title 29 DCMR, PUBLIC WELFARE, is amended as follows:

 

Section 5814, INCOME DISREGARDS, 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 the applicable family unit size  as specified in the District of Columbia Public Assistance Act of 1982, as amended.  If the remaining income is less than the Standard of Assistance, the income shall be compared to the payment standard for the applicable family unit size 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, 2015.