District of Columbia Code
Subchapter V - Public Assistance Programs
§ 4–205.42. Definitions relating to incapacity and disability

For the purpose of determining coverage and conditions of eligibility of applicants and recipients in financial and medical assistance programs of the District, the Mayor shall apply the following definitions relating to incapacity and disability with respect to parents and other adults who are otherwise eligible for assistance under such programs:
(1) Physical or mental incapacity. —
(A) For the TANF program, physical or mental incapacity shall be deemed to exist when 1 parent has a physical or mental defect, illness, or impairment. The incapacity shall be supported by competent medical testimony and must be of such a debilitating nature as to reduce substantially or eliminate the parent’s ability to support or care for an otherwise eligible child and be expected to last for a period of at least 30 days.
(B) Repealed.
(C) In making the determination of ability to support, the Mayor shall take into account the limited employment opportunities of individuals with disabilities.
(D) A finding of eligibility for OASDI or SSI benefits, based on disability or blindness, shall be deemed acceptable proof of incapacity for purposes of the TANF program.
(2) Repealed.
(Apr. 6, 1982, D.C. Law 4-101, § 542, 29 DCR 1060; Aug. 17, 1991, D.C. Law 9-27, § 2(e), 38 DCR 4205; Mar. 20, 1998, D.C. Law 12-60, § 701(l), 44 DCR 7378; Apr. 20, 1999, D.C. Law 12-241, § 2(jj), 46 DCR 905; Apr. 24, 2007, D.C. Law 16-305, § 13(c), 53 DCR 6198.)
1981 Ed., § 3-205.42.
D.C. Law 16-305, in par. (1)(C), substituted “individuals with disabilities” for “handicapped individuals”.
For temporary amendment of section, see § 101(e) of the Omnibus Budget Support Emergency Act of 1991 (D.C. Act 9-37, May 17, 1991, 38 DCR 3390).
For temporary amendment of section, see § 101(e) of the Omnibus Budget Support Congressional Recess Emergency Act of 1991 (D.C. Act 9-69, July 24, 1991, 38 DCR 4945).
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), § 2(x) of the Public Assistance Legislative Review Emergency Amendment Act of 1997 (D.C. Act 12-77, May 27, 1997, 44 DCR 3181), and § 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(l) of the General Public Assistance Program Termination Emergency Amendment Act of 1997 (D.C. Act 12-72, May 12, 1997, 44 DCR 2989).
For temporary amendment of section, see § 701(l) of the Fiscal Year 1998 Revised Budget Support Emergency Act of 1997 (D.C. Act 12-152, October 17, 1997, 44 DCR 6196), and see § 701(l) of the Fiscal Year 1998 Revised Budget Support Congressional Review Emergency Act of 1997 (D.C. Act 12-239, January 13, 1998, 45 DCR 508).
For temporary amendment of section, see § 2(jj) of the Self-Sufficiency Promotion Emergency Amendment Act of 1998 (D.C. Act 12-372, June 9, 1998, 45 DCR 4270), § 2(jj) of the Self-Sufficiency Promotion Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-425, July 31, 1998, 45 DCR 5682), § 2(jj) 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(jj) of the Self-Sufficiency Promotion Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-19, February 17, 1999, 46 DCR 2492).
For temporary (225 day) amendment of section, see § 101(e) of Omnibus Budget Support Temporary Act of 1991 (D.C. Law 9-19, June 21, 1991, law notification 38 DCR 5786).
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(l) of General Public Assistance Program Termination Temporary Amendment Act of 1997 (D.C. Law 12-21, September 23, 1997, law notification 44 DCR 5760).
For temporary (225 day) amendment of section, see § 701(l) of Fiscal Year 1998 Revised Budget Support Temporary Act of 1997 (D.C. Law 12-59, March 20, 1998, law notification 45 DCR 2094).
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(jj) of Self-Sufficiency Promotion Temporary Amendment Act of 1998 (D.C. Law 12-230, April 20, 1999, law notification 46 DCR 4143).
Application of Law 12-60: Section 2002 of D.C. Law 12-60 provided that the act shall apply as of October 1, 1997.

Structure District of Columbia Code

District of Columbia Code

Title 4 - Public Care Systems

Chapter 2 - Public Assistance

Subchapter V - Public Assistance Programs

§ 4–205.01. Eligibility for public assistance

§ 4–205.02. Residency requirement

§ 4–205.03. Determination of residency

§ 4–205.04. Relocation of recipients to another jurisdiction

§ 4–205.05. Definitions

§ 4–205.05a. General Assistance for Children program

§ 4–205.06. Old Age Assistance and Aid to the Permanently and Totally Disabled need determination. [Repealed]

§ 4–205.07. Aid to the Blind need determination. [Repealed]

§ 4–205.08. GPA need determination. [Repealed]

§ 4–205.09. AB and ATD self-supporting plans. [Repealed]

§ 4–205.10. TANF income eligibility standards

§ 4–205.11. TANF need determination

§ 4–205.11a. Time limit for receipt of TANF benefits

§ 4–205.11b. Reduction of benefits for long-term TANF recipients. [Repealed]

§ 4–205.11c. Human impact statement

§ 4–205.12. Food stamp coupon allotment disregarded. [Repealed]

§ 4–205.13. Enumerated income disregarded. [Repealed]

§ 4–205.13a. Treatment of payment for costs of work participation

§ 4–205.14. Determination of GPA need standard. [Repealed]

§ 4–205.15. Standards for inclusion in TANF assistance unit

§ 4–205.16. Contribution guidelines for nonassistance unit children. [Repealed]

§ 4–205.17. Definitions. [Repealed]

§ 4–205.18. Child’s eligibility

§ 4–205.19. Application; assignment of rights for child support

§ 4–205.19a. Redetermination of eligibility

§ 4–205.19b. Job search and job readiness requirements for TANF applicants

§ 4–205.19c. Failure to comply with job search and job readiness requirements for TANF applicants

§ 4–205.19d. Work participation requirements for TANF recipients

§ 4–205.19e. Failure to comply with work requirements for TANF recipients

§ 4–205.19f. Sanctions

§ 4–205.19g. Exemptions

§ 4–205.19h. Administration of job search, job readiness, work, and self-sufficiency activities

§ 4–205.19i. Nondiscrimination against TANF and POWER applicants and recipients

§ 4–205.19j. Health and safety standards for TANF and POWER recipients

§ 4–205.19k. Workers’ compensation for TANF recipients

§ 4–205.19l. Nondisplacement by TANF recipients

§ 4–205.19m. Reporting requirements

§ 4–205.19n. Family assessment plan

§ 4–205.20. Parental absence by reason of imprisonment

§ 4–205.21. Eligibility standards for children of unemployed parents

§ 4–205.22. Availability of stepparent

§ 4–205.23. Obligations of custodial relatives other than parents

§ 4–205.24. Eligibility requirements for alien children

§ 4–205.25. Eligibility determined prospectively

§ 4–205.26. Procedure for public and medical assistance application

§ 4–205.27. Failure to determine eligibility within time requirement

§ 4–205.28. Income application in determining need for family receiving more than 1 assistance payment

§ 4–205.29. Income status of loans and grants

§ 4–205.30. Definitions

§ 4–205.31. Application for benefits required

§ 4–205.32. Establishment of net payment received

§ 4–205.33. Treatment of lump-sum payments and settlements

§ 4–205.34. Treatment of accrued statutory benefits. [Repealed]

§ 4–205.35. Failure of recipients to report promptly. [Repealed]

§ 4–205.36. Work incentive allowances disregarded

§ 4–205.37. Standard for income and resource determination

§ 4–205.38. Availability of income and resources

§ 4–205.39. Earned income. [Repealed]

§ 4–205.40. Resources in kind

§ 4–205.41. Emergency applicant may retain automobile

§ 4–205.42. Definitions relating to incapacity and disability

§ 4–205.42a. Eligibility for General Public Assistance. [Repealed]

§ 4–205.43. Participation in labor dispute; pregnancy

§ 4–205.44. Amount. [Repealed]

§ 4–205.45. Standard for requirements exceptions. [Repealed]

§ 4–205.46. Meal standard. [Repealed]

§ 4–205.47. Nursing care standard

§ 4–205.48. Standards of assistance adopted and applied

§ 4–205.49. Special living arrangements

§ 4–205.50. Costs of training and employment

§ 4–205.51. Denial of monthly benefits

§ 4–205.51a. TANF Universal Service Delivery Model

§ 4–205.51b. Annual comparative review

§ 4–205.52. Determination of amount of public assistance payments for assistance unit; standards of assistance enumerated

§ 4–205.53. Reconsideration of grants; modification of amount; duty of recipient to notify Mayor of change of circumstances; grants under General Public Assistance Program for Unemployables

§ 4–205.54. TANF assistance unit monthly report

§ 4–205.55. Timely and adequate notice of action to discontinue, etc., assistance

§ 4–205.56. Information from source other than recipient

§ 4–205.57. Consequences of failure to request hearing or submit additional information to clarify eligibility

§ 4–205.58. Consideration of additional information

§ 4–205.59. Effect of pending hearing

§ 4–205.60. Benefits pending hearing. [Repealed]

§ 4–205.61. Definitions

§ 4–205.62. Establishment of a Demonstration Project. [Repealed]

§ 4–205.63. Eligibility for public assistance; home living requirement

§ 4–205.64. Failure to meet home living requirement; notice

§ 4–205.65. Eligibility for public assistance; learnfare

§ 4–205.66. Failure to meet school attendance requirements; notice

§ 4–205.67. Expansion of Jobs Opportunities and Basic Skills and Alternative Work Experience Programs

§ 4–205.68. Duties of the Mayor

§ 4–205.69. Denial of assistance for fraudulent misrepresentation of residency

§ 4–205.70. Denial of assistance for fugitive felons and probation and parole violators

§ 4–205.71. Granting cash and food assistance benefits to drug felons

§ 4–205.72. POWER — Establishment; eligibility

§ 4–205.72a. POWER — Additional eligibility

§ 4–205.73. POWER — Application

§ 4–205.74. POWER — Medical review

§ 4–205.75. POWER — Redetermination of eligibility

§ 4–205.76. POWER — Participation in activities to assist in achieving self-sufficiency

§ 4–205.77. POWER — Failure to participate in self-sufficiency activities

§ 4–205.78. POWER — Amount of assistance

§ 4–205.79. POWER — No creation of an entitlement

§ 4–205.80. POWER — Medicaid eligibility

§ 4–205.81. Diversion payments

§ 4–205.82. Provision of information concerning the Earned Income Credit