(a) The Mayor shall give timely and adequate notice in cases of intended action to discontinue, withhold, terminate, suspend, reduce assistance, or make assistance subject to additional conditions, or to change the manner or form of payment to a protective, vendor, or 2-party payment.
(1) “Timely” means that the notice is postmarked at least 15 days before the date upon which the action would become effective, except as provided in § 4-205.54(d).
(2) “Adequate” means that the written notice includes a statement of what action the Mayor intends to take, the reasons for the intended action, the specific law and regulations supporting the action, an explanation of the individual’s right to request a hearing, and the circumstances under which assistance will be continued if a hearing is requested.
(b) The Mayor may dispense with timely notice, but shall send adequate notice no later than the date upon which the action would become effective when:
(1) The Mayor has factual information confirming the death of a recipient or of the TANF or POWER payee when there is no relative available to serve as new payee;
(2) The Mayor receives a clear written statement signed by a recipient that states that he or she no longer wishes assistance, or that gives information that requires termination or reduction of assistance, and the recipient has indicated, in writing, that he or she understands the consequence of supplying this information;
(3) The recipient’s whereabouts are unknown and mail sent to him or her has been returned by the post office indicating no known forwarding address. (If the recipient’s whereabouts become known during the payment period covered by a returned check, the recipient’s check shall be made available to him or her by the Mayor.);
(4) The recipient has been accepted for assistance in a new jurisdiction and that fact has been previously established by the Mayor; or
(5) A special allowance granted for a specific period is terminated and the recipient had been informed in writing at the time the allowance was granted that the allowance shall automatically terminate at the end of the specified period.
(c) When changes in District of Columbia law require automatic grant adjustments for classes of recipients, timely notice of these grant adjustments shall be given, which shall be deemed “adequate” if it includes a statement of the intended action, the reasons for the intended action, a statement of the specific change in law requiring the action, and a statement of the circumstances under which a hearing may be obtained and assistance continued.
(Apr. 6, 1982, D.C. Law 4-101, § 555, 29 DCR 1060; Sept. 10, 1985, D.C. Law 6-35, § 2(j), 32 DCR 3778; Apr. 20, 1999, D.C. Law 12-241, § 2(tt), 46 DCR 905.)
1981 Ed., § 3-205.55.
This section is referenced in § 4-205.54.
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), and § 2(x) of the Public Assistance Legislative Review Emergency Amendment Act of 1997 (D.C. Act 12-77, May 27, 1997, 44 DCR 3181).
For temporary amendment of section, see § 2 of the Temporary Assistance for Needy Families Notice Requirement Emergency Amendment Act of 1997 (D.C. Act 12-44, March 31, 1997, 44 DCR 2096).
For temporary amendment of section, see § 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(tt), § 2(tt) of the Self-Sufficiency Promotion Emergency Amendment Act of 1998 (D.C. Act 12-372, June 9, 1998, 45 DCR 4270), of the Self-Sufficiency Promotion Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-425, July 31, 1998, 45 DCR 5682), § 2(tt) 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(tt) 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 § 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(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(mm) of Self-Sufficiency Promotion Temporary Amendment Act of 1998 (D.C. Law 12-230, April 20, 1999, law notification 46 DCR 4143).
Structure District of Columbia Code
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
§ 4–205.05a. General Assistance for Children program
§ 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
§ 4–205.19h. 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
§ 4–205.29. Income status of loans and grants
§ 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]
§ 4–205.41. 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
§ 4–205.54. 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
§ 4–205.58. Consideration of additional information
§ 4–205.59. Effect of pending hearing
§ 4–205.60. Benefits pending hearing. [Repealed]
§ 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
§ 4–205.68. 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