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Part II

Chapter 1 - Rights of Applicants and Recipients INTRODUCTION 1.1

All applicants and recipients have rights under various District and federal laws. These rights include the right to fair treatment, to privacy and confidentiality, to information about the programs and client's responsibilities, and to appeal certain actions and decisions. The Department and its staff should inform applicants and recipients verbally and in writing about their rights.

'Recipients' are defined as persons to whom or on whose behalf public assistance is granted. 'Applicants' are defined as adults who do not receive benefits under these programs but who apply for benefits for themselves or other children or adults.

This chapter details and explains the rights of recipients and applicants under these benefit programs; however, applicants, recipients, and the Department may have other rights as determined by current statute and case law. Department staff should refer specific legal questions to the Office of General Counsel (OGC).

LEGAL AUTHORITY 1.2

AREA/TOPIC DISTRICT FEDERAL Rights of Applicants and Recipients TANF: D.C. Code 4-205.55, 4-205.56, 4- 205.59, 4-205.64, 4-205.66, 4-208.1, 4-208.3; 29 DCMR 1708, 5803, 5805, 5817 GC: D.C. Code: 4-205-5a, 4- 205.55, 4-205.56, 4-205.59, 4-208.1, 4-208.3 MA: 42 USC 1396a(a)(3), (4), (7), (8), (43); 42 CFR 431.200-206, 431.210-214, 431.220-231, 431.241-246,431.300-306, 435.905, 435.906, 435.911, 435.912, 435.913, 435.919, 435.955 FS: 7 USC 2020; 7 CFR 272.1, 273.13, 273.14, 273.15 Non- discrimination TANF: D.C. Code 4-205.19(i) GC: See TANF. TANF: 45 CFR 260.35 FS: 7 USC 2020, 7 CFR 272.6, 7 CFR 273.6; Title VI of the Civil Rights Act of 1964

GENERAL RIGHTS OF APPLICANTS AND RECIPIENTS 1.3

ALL The following rights are held by applicants and recipients of all benefit programs and apply starting from the time an individual requests an application for assistance through termination of benefits. (As stated in Section 1.1: Introduction in this Chapter, each individual may have additional rights and/or limitations on these rights based on current statute and case law.) No applicant/recipient shall be discriminated against in the application or recertification process, the provision of services, the receipt of benefits, or the fair hearings and grievance process on the basis of race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, family responsibilities, matriculation, political affiliation, disability, source of income or place of residence or business.