Section 4-205.42 - Definitions relating to incapacity and disabilityFor the purpose of determining coverage and conditions of eligibility of applicants and recipients in financial and medical assistance programs of the District, the Mayor shall apply the following definitions relating to incapacity and disability with respect to parents and other adults who are otherwise eligible for assistance under such programs:
(1)Physical or mental incapacity. -(A) For the TANF program, physical or mental incapacity shall be deemed to exist when 1 parent has a physical or mental defect, illness, or impairment. The incapacity shall be supported by competent medical testimony and must be of such a debilitating nature as to reduce substantially or eliminate the parent's ability to support or care for an otherwise eligible child and be expected to last for a period of at least 30 days.(C) In making the determination of ability to support, the Mayor shall take into account the limited employment opportunities of individuals with disabilities.(D) A finding of eligibility for OASDI or SSI benefits, based on disability or blindness, shall be deemed acceptable proof of incapacity for purposes of the TANF program.Apr. 6, 1982, D.C. Law 4-101, § 542, 29 DCR 1060; Aug. 17, 1991, D.C. Law 9-27, § 2(e), 38 DCR 4205; Mar. 20, 1998, D.C. Law 12-60, § 701(l), 44 DCR 7378; Apr. 20, 1999, D.C. Law 12-241, § 2(jj), 46 DCR 905; Apr. 24, 2007, D.C. Law 16-305, § 13(c), 53 DCR 6198.Application of Law 12-60: Section 2002 of D.C. Law 12-60 provided that the act shall apply as of October 1, 1997.