D.C. Mun. Regs. tit. 29, ch. 29-131, 13101

Current through Register Vol. 71, No. 49, December 6, 2024

AMOUNT TO BE COLLECTED AND METHOD AND TIME OF PAYMENTS

13101.1

DDA shall use the following formula in computing a person's required monthly contribution to costs of residential supports:

(a) A person whose only income is SSI, SSDI, and/or any other statutory benefits, shall keep $100 of his or her benefits each month as a personal needs allowance, and shall contribute the remainder to costs of residential supports consistent with 29 DCMR § 1450, 20 CFR § 266.10, 20 CFR § 404.2040, and 20 CFR § 416.640.

(b) A person who receives SSI, SSDI, and /or any other statutory benefits, as well as employment or other income shall, on a monthly basis:

(1) Keep $100 of his or her benefits as a personal needs allowance and contribute the remainder to his or her cost of residential supports; and

(2) From his or her employment or other income, contribute to the cost of residential supports an amount equivalent to the amount that his or her SSI, SSDI and/or any other statutory benefits have been reduced due to employment.

(c) A person who is employed in such a way that they are not eligible for statutory benefits shall have their monthly contribution to costs of residential supports calculated using the following formula: the current maximum monthly SSI payment amount minus $100. As of January 2017, this would be $735 - $100 = $635 in contribution to costs of residential supports.

(d) A person who resides in a Host Home, as defined in Section 1999 of Chapter 29, and receives more than the current maximum monthly SSI payment shall contribute an amount equivalent to the current maximum monthly SSI payment amount minus $100. The person shall also keep the amount of funds greater than the current maximum monthly SSI payment.

(e) For the purpose of calculating contribution to cost of residential supports,

DDA will credit a person for the amount of the person's SSI, SSDI, and/or other statutory benefits are reduced due to a previous over payment.

13101.2

For a person whose only income is SSI, SSDI, and/or any other statutory benefits, the person's Social Security representative payee, if he or she has one, is responsible for ensuring that each month the person pays to DDA his or her contribution to costs of residential supports and receives his or her personal needs allowance. If the person does not have a representative payee, then the person's residential provider is responsible for collecting his or her contribution to costs of residential supports each month. DDA's payment to the residential provider will be reduced by the amount of the person's contribution to costs of residential supports.

13101.3

For a person who receives SSI, SSDI, and/or any other statutory benefits and also has employment and other income, the person's Social Security representative payee, if he or she has one, is responsible for ensuring that each month the person pays to DDA the portion of his or her contribution to costs of residential supports that comes from statutory benefits income, and that the person receives his or her personal needs allowance. If the person does not have a representative payee, then the person's residential provider is responsible for collecting his or her contribution to costs of residential supports from statutory benefits. The person's residential provider is also responsible for collecting the remainder of his or her contribution to costs of residential supports each month, based on the person's employment and other income. DDA's payment to the residential provider will be reduced by the amount of the person's contribution to costs of residential supports.

13101.4

For a person who has employment income only, the person's residential provider is responsible for collecting the payment for the person's contribution to costs of residential supports each month. DDA's payment to the residential provider will be reduced by the amount of the person's contribution to costs of residential supports.

13101.5

A person's contribution to cost of residential supports may not exceed the actual cost of providing such residential supports.

D.C. Mun. Regs. tit. 29, ch. 29-131, 13101

Final Rulemaking published at 65 DCR 13201 (11/30/2018)