§ 349 — Eligibility

§ 349. Eligibility. A. Family assistance shall be given to a pregnant\nindividual, a parent or other relative as herein specified for the\nbenefit of a child under eighteen years of age, or of a child under\nnineteen years of age who is a full-time student regularly attending a\nsecondary school or in the equivalent level of vocational or technical\ntraining if, in the judgment of the social services official:\n 1. the granting of an allowance will be in the interest of such child,\nand\n 2. the parent or other relative is a fit person to bring up such child\nso that his or her physical, mental and moral well-being will be\nsafe-guarded, and\n 3. such child is a resident of the state on the date of application\nfor aid.\n B. 1. An allowance may be granted for the aid of such child who is\nliving with a parent or other adult related to him or her by blood,\nmarriage or adoption eligible to receive assistance on his or her behalf\npursuant to the federal social security act, the provisions of this\nchapter and regulations of the department.\n 2. Notwithstanding the provisions of this title and titles three and\nfour of this article to the contrary, the department may by regulation\nrequire that some or all persons, or households containing such persons,\nwho are otherwise eligible for family assistance and are permanently\ndisabled and awaiting determinations of eligibility for federal\nsupplemental security income under title XVI of the federal social\nsecurity act receive family assistance without use of federal funding\nand the department is authorized to reclassify retroactively all or a\nportion of the amount of any family assistance which otherwise has been\nor would be received by any such person or household if such\nreclassification is in the financial interests of the state; provided,\nhowever, that any such retroactive reclassification shall be\naccomplished without diminution or increase of the family assistance\ngrant previously paid and shall not affect any rights, obligations or\nentitlements of any such person under the family assistance program. Any\nsuch transfer or reclassification may be accomplished by appropriate\nnotation in the records of the social services district or the\ndepartment, and no other notice thereof need be made.\n C. In making such allowances consideration shall be given to the\nability of the relative making application and of any other relatives to\nsupport and care for or to contribute to the support and care of such\nchild. In making all such allowances it shall be made certain that the\nreligious faith of the child shall be preserved and protected.\n D. Family assistance shall not be payable to a family for any month\nin which any caretaker relative with whom the child is living is, on the\nlast day of such month, participating in a strike, and no individual's\nneeds shall be included in determining the amount of such aid which is\npayable for any month to a family if, on the last day of such month,\nsuch individual is participating in a strike.\n