Code of the District of Columbia

§ 4–205.72a. POWER — Additional eligibility.

(a) In addition to the circumstances set forth in § 4-205.72, an assistance unit shall be eligible for POWER if the head of the assistance unit:

(1)(A) Beginning October 1, 2013, is the parent of a minor child; and

(B) Is needed in the home, due to medical necessity, to care for a household member who is physically or mentally incapacitated as described in § 4-205.72(c);

(1A) Repealed.

(2)(A) Beginning October 1, 2013, is the parent of a minor child;

(B) Has been determined by the Department to be a victim of domestic violence who is receiving relevant support counseling or services; and

(C) Has received a domestic violence assessment by the Department or the Department’s designee that resulted in a recommendation that the work requirement or child support cooperation be waived;

(3) Beginning October 1, 2013, is a pregnant or parenting teen who:

(A) Has been certified by the Department as being exempt from the home living requirements under § 4-205.63(b);

(B) Is enrolled in high school or a General Education Equivalency Degree program;

(C) Meets her or his work requirements in compliance with her or his TANF Individual Responsibility Plan or any equivalent plan developed during her or his participation in POWER; and

(D) Is less than 19 years old;

(4) Repealed;

(5) Beginning October 1, 2013, is a parent or caretaker who is 60 years of age or older; or

(6) Beginning October 1, 2013, is the head of an assistance unit who is meeting the full requirements of his or her Individual Responsibility Plan and can show that he or she is enrolled in an accredited postsecondary education program or a Department of Employment Services approved job training program in which he or she is working towards the attainment of a degree, certificate, or official credential, or for fiscal year 2015, has been on TANF over 60 months, is enrolled with a TANF Employment Program vendor, and is not the subject of a sanction as of October 1, 2014.

(b) An assistance unit’s eligibility for POWER pursuant to subsection (a) of this section shall be subject to periodic review and redetermination as determined by the Mayor or the Mayor’s designee.


(Apr. 6, 1982, D.C. Law 4-101, § 572a; as added Sept. 20, 2012, D.C. Law 19-168, § 5162(e), 59 DCR 8025; Dec. 24, 2013, D.C. Law 20-61, § 5153(c), 60 DCR 12472; June 26, 2014, D.C. Law 20-117, § 3, 61 DCR 2032; Feb. 26, 2015, D.C. Law 20-155, §§ 5072(c), 5092, 7263(a), 61 DCR 9990; Oct. 22, 2015, D.C. Law 21-36, § 5022, 62 DCR 10905; Oct. 8, 2016, D.C. Law 21-160, § 5082(b), 63 DCR 10775.)

Section References

This section is referenced in § 4-205.19a and § 4-205.74.

Effect of Amendments

The 2012 amendment by D.C. Law 19-168 added this section.

The 2013 amendment by D.C. Law 20-61 substituted “October 1, 2013” for “October 1, 2012” in the introductory paragraph of (a); repealed (a)(4); added (a)(5) and (a)(6); and made related changes.

The 2014 amendment by D.C. Law 20-117 substituted “shall be subject to review and redetermination by the Mayor” for “shall be subject to annual review and redetermination” in (b).

The 2015 amendment by D.C. Law 20-155 added (a)(1A); rewrote (a)(6); and rewrote (b).

The 2015 amendment by D.C. Law 21-36 added “Beginning October 1, 2013” in (a)(1)(A), (a)(2)(A), (a)(3), (a)(5), and (a)(6); and rewrote (a)(1A).

Emergency Legislation

For temporary (90 days) amendment of this section, see §§ 4 and 6 of the Fiscal Year 2014 Budget Support Technical Clarification Emergency Amendment Act of 2013 (D.C. Act 20-180, October 4, 2013, 60 DCR 14949).

For temporary (90 days) amendment of this section, see § 5153(c) of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827).

For temporary (90 days) amendment of this section, see § 5153(c) of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311).

For temporary (90 days) amendment of this section, see §§ 5072(c), 5092, and 7273 of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).

For temporary (90 days) amendment of this section, see §§ 5072(c), 5092, and 7263 of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).

For temporary (90 days) amendment of this section, see §§ 5072(c), 5092, and 7263 of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541).

For temporary (90 days) addition of this section, see § 5022 of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

Temporary Legislation

For temporary (225 days) amendment of section, see § 4 of the Fiscal Year 2014 Budget Support Technical Clarification Temporary Amendment Act of 2013 (D.C. Law 20-56, December 13, 2013, 60 DCR 15165).

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.

Applicability of D.C. Law 20-61: Section 11001 of D.C. Law 20-61 provided that, except as otherwise provided, the act shall apply as of October 1, 2013.

Applicability of D.C. Law 20-117: Section 18 of D.C. Law 20-117 provided that the act shall apply as of October 1, 2013.

Section 7263(b) of D.C. Law 20-155 provided § 7263(a) of the act shall apply upon an allocation of $ 5,771,880.64 made pursuant to D.C. Law 20-155, § 7262.