D.C. Mun. Regs. tit. 29, r. 29-2602

Current through Register Vol. 71, No. 44, November 1, 2024

Rule 29-2602 - ELIGIBILITY CRITERIA

2602.1

In order to be eligible for burial assistance, the eligibility criteria set forth in this section shall be met.

2602.2

The deceased person shall be a person who was a resident of the District of Columbia immediately prior to his or her death.

2602.3

Countable assets shall not exceed eight hundred dollars ($ 800).

2602.4

A prepaid funeral plan shall not be held by the deceased person or any other person on behalf of the deceased person.

2602.5

The burial or cremation services shall be arranged through a funeral home under contract with the District to provide such service to persons receiving burial assistance.

2602.6

The total cost of the burial or cremation including the cost of the burial plot, cremation services and container, casket, preparation of the body, funeral service, transportation of the body to the funeral home and the cemetery, transportation of family members to the funeral home, grave marker, and ritual and decorative items used at the funeral, grave site or wake shall not exceed two thousand dollars ($ 2,000), except in the case of a deceased person who requires an oversized casket.

2602.7

The total cost of the burial for a deceased person who requires an oversized casket shall not exceed three thousand dollars ($ 3,000).

2602.8

The limitations on the total cost of the burial and/or cremation shall not include costs associated with opening and closing the grave.

2602.9

The burial shall take place within the Washington Metropolitan Area.

2602.10

For purposes of this section, the phrase "countable assets" means:

(a) The financial accounts (checking and savings) of the deceased person, and his or her financially responsible relatives. The financially responsible relatives are:

(1) The deceased person's spouse, if they were residing together at the time of death, and

(2) The deceased person's parent(s), if the deceased is a minor.

(b) The net monthly earned and unearned income of the deceased person and his or her financially responsible relatives that is received during the thirty (30) days preceding the application for burial assistance, less the Medicaid Medically Needy Income Level, based on a household size that includes the deceased, the financially responsible relatives and any dependents of the financially responsible relatives; and

(c) Cash available from the deceased person, or his or her financially responsible relatives.

2602.11

For purposes of this section, the following are excluded from countable assets:

(a) Individual Retirement Accounts when not available to the deceased person prior to the funeral;

(b) Life insurance policies, unless a financially responsible relative is the beneficiary, and the funds are accessible prior to the funeral;

(c) Trust funds when not available to the deceased person or his or her financially responsible relative prior to the funeral;

(d) Vehicles;

(e) Real Property; and

(f) Other assets not immediately accessible prior to the funeral.

2602.12

For purposes of this section, the phrase "District resident" means:

(a) A person who is living voluntarily and not for a temporary purpose within the District;

(b) A person that a District agency places in an institution located in another state; or

(c) A person who resides in an institution outside the District including, but not limited to, a hospital or nursing facility and he or she retains a home or his or her spouse or financially-responsible parent maintains residence in the District.

D.C. Mun. Regs. tit. 29, r. 29-2602

Final Rulemaking published at 37 DCR 657, 659 (January 19, 1990); as amended by Final Rulemaking published at 38 DCR 6776 (November 8, 1991); as amended by Emergency Rulemaking at 51 DCR 3327 (March 26, 2004) [EXPIRED]; as amended by Final Rulemaking published at 51 DCR 5211 (May 21, 2004)