District of Columbia Code
Subchapter V - Public Assistance Programs
§ 4–205.59. Effect of pending hearing

(a) If the recipient requests a hearing before the date that the termination, suspension, or reduction of aid is to become effective, assistance shall not be discontinued, withheld, terminated, suspended, reduced or made subject to additional conditions, nor may the manner or form of payment be changed to a protective, vendor, or 2-party payment until: (1) the request for a hearing has been withdrawn; (2) a change affecting the recipient’s grant occurs while the hearing is pending and the recipient fails to request a hearing after notice of the change; (3) a determination is made at the hearing that the sole issue is one of law and not of incorrect grant computation; or (4) a decision is rendered by the Mayor after a hearing and this decision upholds the Mayor in his or her action to alter the amount or conditions of the public assistance grant.
(b) Repealed.
(c) In any case in which action was taken without timely notice, when timely notice is required by law, and the recipient requests a hearing within 10 days of the postmark of the written notice of the action, the Mayor shall reinstate assistance within 96 hours of the request for a hearing and assistance shall not be discontinued, withheld, terminated, suspended, reduced or made subject to additional conditions, nor may the manner or form of payment be changed to a protective, vendor, or 2-party payment until: (1) a determination is made at the hearing that the sole issue is one of law and not of incorrect grant computation; or (2) a decision is rendered by the Mayor after a hearing and this decision upholds the Mayor in his or her action to alter the amount or conditions of the public assistance grant.
(d) A request for a hearing made more than 10 days after the date upon which the action would become effective but within the time limits of § 4-210.09 shall be honored but shall not result in the continuation of disputed benefits. If the claimant’s position is upheld by the hearing decision, the Mayor shall promptly make corrective payments retroactively to the date the incorrect action was taken.
(Apr. 6, 1982, D.C. Law 4-101, § 559, 29 DCR 1060; Sept. 10, 1985, D.C. Law 6-35, § 2(l), 32 DCR 3778; Apr. 20, 1999, D.C. Law 12-241, § 2(vv), 46 DCR 905.)
1981 Ed., § 3-205.59.
This section is referenced in § 4-205.54.
For temporary amendment of section, see § 2(vv) of the Self-Sufficiency Promotion Emergency Amendment Act of 1998 (D.C. Act 12-372, June 9, 1998, 45 DCR 4270), § 2(vv) of the Self-Sufficiency Promotion Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-425, July 31, 1998, 45 DCR 5682),§ 2(vv) 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(vv) 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(vv) of Self-Sufficiency Promotion Temporary Amendment Act of 1998 (D.C. Law 12-230, April 20, 1999, law notification 46 DCR 4143).
Near the beginning of the first sentence of subsection (d), “days” was inserted following “10,” to correct an apparent omission in D.C. Law 6-35.

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