Code of the District of Columbia

§ 4–205.72. POWER — Establishment; eligibility.

(a) There is established a Program on Work, Employment, and Responsibility (“POWER”), eligibility for which shall be the same as the factors, standards, and methodology for determining eligibility for TANF, as set forth in this subchapter, except as provided by subsections (b), (c), and (d) of this section, and §§ 4-205.72a through 4-205.77.

(b) An assistance unit shall be eligible for POWER under the following circumstances:

(1) The head of the assistance unit is the parent of a minor child;

(2) The head of the assistance unit is physically or mentally incapacitated; and

(3) The physical or mental incapacity of the head of the assistance unit rises to the level of incapacity outlined by subsection (c) of this section.

(c) For the purposes of subsection (b) of this section, physical and mental incapacity must be verified by competent medical evidence and when considered with the head of the assistance unit’s age, prior work experience, education, and other factors bearing on the head of the assistance unit’s ability to work, as determined relevant by the Mayor:

(1) Substantially precludes the ability of the head of the assistance unit to work or to participate in job search or job readiness activities; and

(2) Is expected to last more than 30 days.

(d) A person is ineligible for POWER if that person receives:

(1) Temporary Assistance for Needy Families;

(2) Supplemental Security Income; or

(3) Unemployment Compensation benefits.

(e) Sections 4-205.11a, 4-205.11b, 4-205.19a through 4-205.19f, 4-205.19j, and 4-205.19k, shall not apply to recipients of POWER benefits.

(Apr. 6, 1982, D.C. Law 4-101, § 572; as added Apr. 20, 1999, D.C. Law 12-241, § 4(g), 46 DCR 905; Sept. 20, 2012, D.C. Law 19-168, § 5162(d), 59 DCR 8025; Oct. 8, 2016, D.C. Law 21-160, § 5082(a), 63 DCR 10775.)

Prior Codifications

1981 Ed., § 3-205.72.

Section References

This section is referenced in § 4-201.01, § 4-205.72a, § 4-205.74, and § 4-205.76.

Effect of Amendments

The 2012 amendment by D.C. Law 19-168 substituted “4-205.11a, 4-205.11b, 4-205.19j” for “4-205.11a, and 4-205.19a” in (e).

Emergency Legislation

See notes to § 3-205.69.

Temporary Legislation

For temporary (225 day) addition of section, see § 4(h) of Self-Sufficiency Promotion Temporary Amendment Act of 1998 (D.C. Law 12-230, April 20, 1999, law notification 46 DCR 4143).

Short Title

Section 5151 of D.C. Law 20-61 provided that Subtitle N of Title V of the act may be cited as the “Temporary Assistance for Needy Families Time Limit Amendment Act of 2013”.

Editor's Notes

Section 5163 of D.C. Law 19-168 provided that § 5162 shall apply upon certification by the Chief Financial Officer that sufficient revenue is available in the June 2012, September 2012, or December 2012 revenue estimates to fund section 10002(a)(1) and (2)(A) of D.C. Law 19-168.

Section 5152 of D.C. Law 20-61 repealed D.C. Law 19-168, § 5163.