Current through codified legislation effective September 18, 2024
Section 4-217.05 - Determination of need(a) The Mayor, in determining the need for public assistance, shall permit: (2) Applicants for, or recipients of, TANF to retain resources up to the maximum allowable amount of resources that would be permitted to be retained by a household under the Food Stamp Program established pursuant to the Food Stamp Act of 1977, approved September 29, 1977 (91 Stat. 958; 7 U.S.C. § 2011 et seq.) ("Food Stamp Program"), if the Food Stamp household were composed of the members of the TANF assistance unit.(3) If any real or personal property, including liquid assets, is jointly owned by a member of an assistance unit and another person who is not a member of an assistance unit, the value shall be divided equally among the co-owners and only the portion of the assistance unit member(s) shall be considered as available.(b) The following shall not be considered resources for the purposes of determining the resources of applicants or recipients of TANF under subsection (a) (2) of this section: (1) The value of a home which is the usual residence of the assistance unit;(2) The value of a licensed vehicle, to the extent permitted under the Food Stamp Program to a household composed of the same members as constitute the TANF assistance unit.(3) The value of 1 burial plot for each member of the assistance unit. The Mayor shall define the term "burial plot" for the purpose of this exclusion.(4) The equity value of bona fide funeral agreements, up to a total of $1,500 per person, for each member of the assistance unit;(5) Real property, for a period of 9 months, that the family unit is making a good faith effort to sell if the family agrees to sign an agreement to dispose of the property and to use the proceeds of the sale to repay any TANF benefits it would not have received if the property had been sold at the beginning of the period. The family will not have to repay an amount greater than the net proceeds from the sale. If there are any remaining proceeds, these proceeds shall be considered a resource. If the property has not been sold within the specified time period, or eligibility stops for any other reason, the entire amount of aid paid during the period shall be treated as an overpayment. The Mayor shall define "good faith effort" for the purpose of this exclusion; and(6) Basic maintenance items essential to day-to-day living, as defined by the Mayor.Apr. 6, 1982, D.C. Law 4-101, § 1705, 29 DCR 1060; Mar. 14, 1985, D.C. Law 5-150, § 2(h), 31 DCR 6425; Sept. 10, 1985, D.C. Law 6-35, § 2(r), 32 DCR 3778; Mar. 20, 1998, D.C. Law 12-60, § 701(y), 44 DCR 7378; Apr. 20, 1999, D.C. Law 12-241, § 2(vvv), 46 DCR 905; Mar. 2, 2007, D.C. Law 16-191, § 91(b), 53 DCR 6794.Application of Law 12-60: Section 2002 of D.C. Law 12-60 provided that the act shall apply as of October 1, 1997.