1995 US Code
Title 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 6 - THE CHILDREN'S BUREAU
SUBCHAPTER IV_2 - SUBCHAPTER IV-GRANTS TO STATES FOR AID AND SERVICES TO NEEDY FAMILIES WITH CHILDREN AND FOR CHILD-WELFARE SERVICES
Part A - Aid to Families With Dependent Children
Sec. 607 - Dependent children of unemployed parents

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Metadata
Publication TitleUnited States Code, 1994 Edition, Supplement 1, Title 42 - THE PUBLIC HEALTH AND WELFARE
CategoryBills and Statutes
CollectionUnited States Code
SuDoc Class NumberY 1.2/5:
Contained WithinTitle 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 6 - THE CHILDREN'S BUREAU
SUBCHAPTER IV_2 - SUBCHAPTER IV-GRANTS TO STATES FOR AID AND SERVICES TO NEEDY FAMILIES WITH CHILDREN AND FOR CHILD-WELFARE SERVICES
Part A - Aid to Families With Dependent Children
Sec. 607 - Dependent children of unemployed parents
Containssection 607
Date1995
Laws in Effect as of DateJanuary 16, 1996
Positive LawNo
Dispositionstandard
Source CreditAug. 14, 1935, ch. 531, title IV, §407, as added May 8, 1961, Pub. L. 87-31, §1, 75 Stat. 75; amended July 25, 1962, Pub. L. 87-543, title I, §§104(a)(3)(E), 131(a), 134, 76 Stat. 185, 193, 196; Oct. 13, 1964, Pub. L. 88-641, §2(b), 78 Stat. 1042; June 29, 1967, Pub. L. 90-36, §2, 81 Stat. 94; Jan. 2, 1968, Pub. L. 90-248, title II, §203(a), 81 Stat. 882; June 28, 1968, Pub. L. 90-364, title III, §302, 82 Stat. 273; Dec. 28, 1971, Pub. L. 92-223, §3(a)(10), (11), 85 Stat. 805; Oct. 20, 1976, Pub. L. 94-566, title V, §507(a), (b), (d), 90 Stat. 2688; Aug. 13, 1981, Pub. L. 97-35, title XXIII, §§2313(a), (c)(2), 2353(q), 95 Stat. 853, 854, 874; July 18, 1984, Pub. L. 98-369, div. B, title VI, §2663(c)(4), (j)(3)(B)(ii), 98 Stat. 1166, 1171; Oct. 13, 1988, Pub. L. 100-485, title II, §202(b)(7)-(11), title IV, §401(a)(2)(B), (C), (b)(1), (3), (c), (h), 102 Stat. 2377, 2378, 2394-2396; Nov. 10, 1988, Pub. L. 100-647, title VIII, §8105(1)-(3), (5), 102 Stat. 3797; Dec. 19, 1989, Pub. L. 101-239, title X, §10403(a)(1)(A)(i), (2), 103 Stat. 2487, 2488; Nov. 5, 1990, Pub. L. 101-508, title V, §§5061(a), 5062(a), 104 Stat. 1388-231, 1388-232.
Statutes at Large References75 Stat. 75
76 Stat. 185
78 Stat. 1042
81 Stat. 94, 882
82 Stat. 273
85 Stat. 805
90 Stat. 2688
95 Stat. 853
96 Stat. 1322
98 Stat. 1166
102 Stat. 2377, 3797
103 Stat. 2487, 2488
104 Stat. 1388-231
Public Law ReferencesPublic Law 87-31, Public Law 87-543, Public Law 88-641, Public Law 90-36, Public Law 90-248, Public Law 90-364, Public Law 92-223, Public Law 94-566, Public Law 97-35, Public Law 97-300, Public Law 98-369, Public Law 100-485, Public Law 100-647, Public Law 101-239, Public Law 101-508


§607. Dependent children of unemployed parents (a) “Dependent child” defined

The term “dependent child” shall, notwithstanding section 606(a) of this title, include a needy child who meets the requirements of section 606(a)(2) of this title, who has been deprived of parental support or care by reason of the unemployment (as determined in accordance with standards prescribed by the Secretary) of the parent who is the principal earner, and who is living with any of the relatives specified in section 606(a)(1) of this title in a place of residence maintained by one or more of such relatives as his (or their) own home.

(b) Requirements of State plan

(1) In providing for the provision of aid to families with dependent children under the State's plan approved under section 602 of this title, in the case of families that include dependent children within the meaning of subsection (a) of this section, as required by section 602(a)(41) of this title, the State's plan—

(A) subject to paragraph (2), shall require the payment of aid to families with dependent children with respect to a dependent child as defined in subsection (a) of this section when—

(i) whichever of such child's parents is the principal earner has not been employed (as determined in accordance with standards prescribed by the Secretary) for at least 30 days prior to the receipt of such aid,

(ii) such parent has not without good cause, within such period (of not less than 30 days) as may be prescribed by the Secretary, refused a bona fide offer of employment or training for employment, and

(iii)(I) such parent has 6 or more quarters of work (as defined in subsection (d)(1) of this section), no more than 4 of which may be quarters of work defined in subsection (d)(1)(B) of this section, in any 13-calendar-quarter period ending within one year prior to the application for such aid or (II) such parent received unemployment compensation under an unemployment compensation law of a State or of the United States, or such parent was qualified (within the meaning of subsection (d)(3) of this section) for unemployment compensation under the unemployment compensation law of the State, within one year prior to the application for such aid; and


(B) shall provide—

(i) for such assurances as will satisfy the Secretary that unemployed parents of dependent children as defined in subsection (a) of this section will participate or apply for participation in a program under part F of this subchapter (unless the program is not available in the area where the parent is living) within 30 days after receipt of aid with respect to such children;

(ii) for entering into cooperative arrangements with the State agency responsible for administering or supervising the administration of vocational education in the State, designed to assure maximum utilization of available public vocational education services and facilities in the State in order to encourage the retraining of individuals capable of being retrained;

(iii) for the denial of aid to families with dependent children to any child or relative specified in subsection (a) of this section with respect to any week for which such child's parent described in subparagraph (A)(i) qualifies for unemployment compensation under an unemployment compensation law of a State or of the United States, but refuses to apply for or accept such unemployment compensation;

(iv) for the reduction of the aid to families with dependent children otherwise payable to any child or relative specified in subsection (a) of this section by the amount of any unemployment compensation that such child's parent described in subparagraph (A)(i) receives under an unemployment compensation law of a State or of the United States; and

(v) that, if and for so long as the child's parent described in subparagraph (A)(i), unless meeting a condition of section 602(a)(19)(C) of this title, is, without good cause, not participating (or available for participation) in a program under part F of this subchapter, or if exempt under such section by reason of clause (vii) thereof or because there has not been established or provided under part F of this subchapter a program in which such parent can effectively participate, is not registered with the public employment offices in the State, the needs of such parent shall not be taken into account in determining the need of such parent's family under section 602(a)(7) of this title, and the needs of such parent's spouse shall not be so taken into account unless such spouse is participating in such a program, or if not participating solely by reason of section 602(a)(19)(C)(vii) of this title or because there has not been established or provided under part F of this subchapter a program in which such spouse can effectively participate, is registered with the public employment offices of the State; and if neither parents’ 1 needs are so taken into account, the payment provisions of section 602(a)(19)(G)(i)(I) of this title shall apply.


(2)(A) In carrying out the program under this section, a State may design its program to reflect the individual needs of the State and to emphasize education, training, and employment services for unemployed parents and their spouses who are eligible for aid to families with dependent children by reason of this section, to the extent provided under this paragraph.

(B)(i) Subject to clauses (ii) and (iii), with respect to the requirement under section 602(a)(41) of this title, a State may, at its option, limit the number of months with respect to which a family receives aid to families with dependent children to the extent determined appropriate by the State for the operation of its program under this section.

(ii)(I) A State may not limit the number of months under clause (i) for which a family may receive aid to families with dependent children unless it provides in its plan assurances to the Secretary that it has a program (that meets such requirements as the Secretary may in regulation prescribe) for providing education, training, and employment services (including any activity authorized under section 602(a)(19) of this title or under part F of this subchapter) in order to assist parents of children described in subsection (a) of this section in preparing for and obtaining employment.

(II) In exercising the option under clause (i), a State plan may not provide for the denial of aid to families with dependent children to a family otherwise eligible for such aid for any month unless the family has received such aid (on the basis of the unemployment of the parent who is the principal earner) in at least 6 of the preceding 12 months.

(III) Any family that is otherwise eligible for aid to families with dependent children that does not receive such aid in any month solely by reason of the State exercising the option under clause (i) shall be deemed, for purposes of determining the period under paragraph (1)(A)(iii)(I), to be receiving such aid in such month.

(iii) Each State which, on September 26, 1988, has a program in effect under this section shall continue to operate such program without a time limitation.

(C) With respect to the participation in the program under section 602(a)(19) of this title and part F of this subchapter of a family eligible for aid to families with dependent children by reason of this section, a State may, at its option—

(i) except as otherwise provided in such section and such part, require that any parent participating in such program engage in program activities for up to 40 hours per week; and

(ii) provide for the payment of aid to families with dependent children at regular intervals of no greater than one month but after the performance of assigned program activities.

(c) Exclusion of expenditures under this section from aid to families with dependent children

Notwithstanding any other provisions of this section, expenditures pursuant to this section shall be excluded from aid to families with dependent children (A) where such expenditures are made under the plan with respect to any dependent child as defined in subsection (a) of this section, (i) for any part of the 30-day period referred to in subsection (b)(1)(A)(i) of this section, or (ii) for any period prior to the time when the parent satisfies subsection (b)(1)(A)(ii) of this section, and (B) if, and for as long as, no action is taken (after the 30-day period referred to in subsection (b)(1)(B)(i) of this section), under the program therein specified, to undertake appropriate steps directed toward the participation of such parent in a program under part F of this subchapter.

(d) Quarter of work; calendar quarter; eligibility for State unemployment compensation

For purposes of this section—

(1) the term “quarter of work” with respect to any individual means (A) a calendar quarter in which such individual received earned income of not less than (or which is a “quarter of coverage” as defined in section 413(a)(2) of this title), or in which such individual participated in the program under section 602(a)(19) of this title and part F of this subchapter, (B) at the option of the State, a calendar quarter in which such individual attended, full-time, an elementary school, a secondary school, or a vocational or technical training course (approved by the Secretary) that is designed to prepare the individual for gainful employment, or in which such individual participated in an education or training program established under the Job Training Partnership Act [29 U.S.C. 1501 et seq.], and (C) a calendar quarter ending before October 1990 in which such individual participated in a community work experience program under section 609 of this title (as in effect for a State immediately before the effective date for that State of the amendments made by title II of the Family Support Act of 1988) or the work incentive program established under part C of this subchapter (as in effect for a State immediately before such effective date);

(2) the term “calendar quarter” means a period of 3 consecutive calendar months ending on March 31, June 30, September 30, or December 31;

(3) an individual shall, for purposes of subsection (b)(1)(A)(iii) of this section, be deemed qualified for unemployment compensation under the State's unemployment compensation law if—

(A) he would have been eligible to receive such unemployment compensation upon filing application, or

(B) he performed work not covered under such law and such work, if it had been covered, would (together with any covered work he performed) have made him eligible to receive such unemployment compensation upon filing application; and


(4) the phrase “whichever of such child's parents is the principal earner”, in the case of any child, means whichever parent, in a home in which both parents of such child are living, earned the greater amount of income in the 24-month period the last month of which immediately precedes the month in which an application is filed for aid under this part on the basis of the unemployment of a parent, for each consecutive month for which the family receives such aid on that basis.


Notwithstanding section 602(a)(1) of this title, a State that chooses to exercise the option provided under paragraph (1)(B) may provide that the definition of calendar quarter under such option apply in one or more political subdivisions of the State.

(e) Agreement with States for simplification of procedures

The Secretary and the Secretary of Labor shall jointly enter into an agreement with each State which is able and willing to do so for the purpose of (1) simplifying the procedures to be followed by unemployed parents and other unemployed persons in such State in participating in a program under part F of this subchapter and in registering with public employment offices (under this section and otherwise) or in connection with applications for unemployment compensation, by reducing the number of locations or agencies where such persons must go in order to participate in or register for such programs and in connection with such applications, and (2) providing where possible for a single registration satisfying this section and the requirements of both part F of this subchapter and the applicable unemployment compensation laws.

(Aug. 14, 1935, ch. 531, title IV, §407, as added May 8, 1961, Pub. L. 87–31, §1, 75 Stat. 75; amended July 25, 1962, Pub. L. 87–543, title I, §§104(a)(3)(E), 131(a), 134, 76 Stat. 185, 193, 196; Oct. 13, 1964, Pub. L. 88–641, §2(b), 78 Stat. 1042; June 29, 1967, Pub. L. 90–36, §2, 81 Stat. 94; Jan. 2, 1968, Pub. L. 90–248, title II, §203(a), 81 Stat. 882; June 28, 1968, Pub. L. 90–364, title III, §302, 82 Stat. 273; Dec. 28, 1971, Pub. L. 92–223, §3(a)(10), (11), 85 Stat. 805; Oct. 20, 1976, Pub. L. 94–566, title V, §507(a), (b), (d), 90 Stat. 2688; Aug. 13, 1981, Pub. L. 97–35, title XXIII, §§2313(a), (c)(2), 2353(q), 95 Stat. 853, 854, 874; July 18, 1984, Pub. L. 98–369, div. B, title VI, §2663(c)(4), (j)(3)(B)(ii), 98 Stat. 1166, 1171; Oct. 13, 1988, Pub. L. 100–485, title II, §202(b)(7)–(11), title IV, §401(a)(2)(B), (C), (b)(1), (3), (c), (h), 102 Stat. 2377, 2378, 2394–2396; Nov. 10, 1988, Pub. L. 100–647, title VIII, §8105(1)–(3), (5), 102 Stat. 3797; Dec. 19, 1989, Pub. L. 101–239, title X, §10403(a)(1)(A)(i), (2), 103 Stat. 2487, 2488; Nov. 5, 1990, Pub. L. 101–508, title V, §§5061(a), 5062(a), 104 Stat. 1388–231, 1388–232.)

Amendment of Section

Pub. L. 101–239, title X, §10403(a)(2), Dec. 19, 1989, 103 Stat. 2488, provided that, effective Sept. 30, 1998, subsec. (d)(1) of this section is amended by striking “participated” and all that follows and inserting “participated in a program under part F of this subchapter”.


For repeal of amendments by section 401(h) of Pub. L. 100–485, see Effective and Termination Dates of 1988 Amendments note below.

References in Text

Part F of this subchapter, referred to in text, is classified to section 681 et seq. of this title.

The Job Training Partnership Act, referred to in subsec. (d)(1)(B), is Pub. L. 97–300, Oct. 13, 1982, 96 Stat. 1322, which is classified generally to chapter 19 (§1501 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 1501 of Title 29 and Tables.

For the effective date of the amendments made by title II of the Family Support Act of 1988 [Pub. L. 100–485], referred to in subsec. (d)(1)(C), see section 204 of Pub. L. 100–485, set out as an Effective Date note under section 681 of this title.

Amendments

1990—Subsec. (b)(1)(B)(iii). Pub. L. 101–508, §5061(a)(1), struck out “—” after “specified in subsection (a) of this section”, the text of subcl. (I) which provided for denial of aid to a child whose parent is not currently registered with the public employment offices in the State, “(II)” before “with respect to any week”, and “and” after “such unemployment compensation;”.

Subsec. (b)(1)(B)(iv). Pub. L. 101–508, §5061(a)(2), substituted “; and” for period at end.

Subsec. (b)(1)(B)(v). Pub. L. 101–508, §5061(a)(3), added cl. (v).

Subsec. (d)(1). Pub. L. 101–508, §5062(a), substituted “(A) a calendar quarter” for “a calendar quarter (A)”, struck out “or” after “part F of this subchapter,”, and added subpar. (C).

1989—Subsec. (b)(1)(B)(iii)(I). Pub. L. 101–239, §10403(a)(1)(A)(i), substituted “section 602(a)(19)(C) of this title” for “section 609(a)(19)(C) of this title”.

1988—Subsec. (b). Pub. L. 100–485, §401(b)(1)(A), (h), temporarily inserted “(1)”, redesignated former par. (1) as subpar. (A), redesignated former subpars. (A) and (B) as cls. (i) and (ii), respectively, redesignated former subpar. (C) as cl. (iii), redesignated former cls. (i) and (ii) as subcls. (I) and (II), respectively, redesignated former par. (2) as subpar. (B), redesignated former subpars. (A) and (B) as cls. (i) and (ii), respectively, redesignated former subpar. (C) as cl. (iii), redesignated former cls. (i) and (ii) as subcls. (I) and (II), respectively, and redesignated former subpar. (D) as cl. (iv). See Effective and Termination Dates of 1988 Amendments note below.

Pub. L. 100–485, §401(a)(2)(B), (h), temporarily substituted “In providing for the provision of aid to families with dependent children under the State's plan approved under section 602 of this title, in the case of families that include dependent children within the meaning of subsection (a) of this section, as required by section 602(a)(41) of this title, the State's plan—

“(1) shall require”

for “The provisions of subsection (a) of this section shall be applicable to a State if the State's plan approved under section 602 of this title—

“(1) requires”.

See Effective and Termination Dates of 1988 Amendments note below.

Subsec. (b)(1)(A). Pub. L. 100–485, §401(b)(1)(B), (h), temporarily inserted “subject to paragraph (2),”. See Effective and Termination Dates of 1988 Amendments note below.

Subsec. (b)(1)(A)(iii)(I). Pub. L. 100–485, §401(c)(3), (h), temporarily inserted “, no more than 4 of which may be quarters of work defined in subsection (d)(1)(B) of this section,”. See Effective and Termination Dates of 1988 Amendments note below.

Subsec. (b)(1)(B)(iii)(I). Pub. L. 100–647, §8105(5), which directed that subcl. (I) be amended by substituting “602(a)(19)(A)” for “609(a)(19)(A)”, could not be executed, because “609(a)(19)(A)” did not appear in text.

Subsec. (b)(1)(B)(iii)(I), (II), (iv). Pub. L. 100–485, §401(b)(3)(A), (h), temporarily substituted “subparagraph (A)(i)” for “paragraph (1)(A)”. See Effective and Termination Dates of 1988 Amendments note below.

Subsec. (b)(2). Pub. L. 100–485, §401(b)(1)(C), (h), temporarily added par. (2). Former par. (2) redesignated (1)(B). See Effective and Termination Dates of 1988 Amendments note below.

Pub. L. 100–485, §401(a)(2)(C), (h), temporarily substituted “shall provide” for “provides” in introductory provisions. See Effective and Termination Dates of 1988 Amendments note below.

Subsec. (b)(2)(A). Pub. L. 100–485, §202(b)(7), substituted “will participate or apply for participation in a program under part F of this subchapter (unless the program is not available in the area where the parent is living) within 30 days” for “will be certified to the Secretary of Labor as provided in section 602(a)(19) of this title within thirty days”.

Subsec. (b)(2)(B)(ii)(III). Pub. L. 100–485, §401(c)(4)(A), (h), temporarily added subcl. (III). See Effective and Termination Dates of 1988 Amendments note below.

Subsec. (b)(2)(C)(i). Pub. L. 100–485, §202(b)(8), substituted “section 609(a)(19)(C) of this title, is not currently participating (or available for participation) in a program under part F of this subchapter” for “section 602(a)(19)(A) of this title, is not currently registered pursuant to such section for the work incentive program established under part C of this subchapter”, “clause (vii)” for “clause (iii)”, and “part F of this subchapter” for “section 632(a) of this title”.

Subsec. (c). Pub. L. 100–485, §401(b)(3)(B), (h), temporarily substituted “subsection (b)(1)(A)(i)” for “subparagraph (A) of subsection (b)(1)”, “subsection (b)(1)(A)(ii) of this section” for “subparagraph (B) of such subsection”, and “subsection (b)(1)(B)(i)” for “subparagraph (A) of subsection (b)(2)”. See Effective and Termination Dates of 1988 Amendments note below.

Pub. L. 100–485, §202(b)(9), substituted “to undertake appropriate steps directed toward the participation of such parent in a program under part F of this subchapter” for “to certify such parent to the Secretary of Labor pursuant to section 602(a)(19) of this title”.

Subsec. (d). Pub. L. 100–485, §401(c)(2), (h), temporarily inserted at end “Notwithstanding section 602(a)(1) of this title, a State that chooses to exercise the option provided under paragraph (1)(B) may provide that the definition of calendar quarter under such option apply in one or more political subdivisions of the State.” See Effective and Termination Dates of 1988 Amendments note below.

Subsec. (d)(1). Pub. L. 100–485, §401(c)(1)(A), (h), as amended by Pub. L. 100–647, §8105(1), temporarily inserted “(A)” after “a calendar quarter”. See Effective and Termination Dates of 1988 Amendments note below.

Pub. L. 100–485, §202(b)(10), which directed substitution of “participated in a program under part F of this subchapter” for “participated in a community work experience program under section 609 of this title, or the work incentive program established under part C of this subchapter;” was repealed by Pub. L. 100–647, §8105(3), effective on the date of enactment of Pub. L. 100–485.

Subsec. (d)(1)(A). Pub. L. 100–485, §401(c)(4)(B), (h), as amended by Pub. L. 100–647, §8105(2), temporarily substituted “the program under section 602(a)(19) of this title and part F of this subchapter;” for “a community work experience program under section 609 of this title, or the work incentive program established under part C of this subchapter;”. See Effective and Termination Dates of 1988 Amendments note below.

Subsec. (d)(1)(B). Pub. L. 100–485, §401(c)(1)(B), (h), as amended by Pub. L. 100–647, §8105(1), temporarily added subpar. (B). See Effective and Termination Dates of 1988 Amendments note below.

Subsec. (d)(3). Pub. L. 100–485, §401(b)(3)(C), (h), temporarily substituted “subsection (b)(1)(A)(iii)” for “subsection (b)(1)(C)” in introductory provisions. See Effective and Termination Dates of 1988 Amendments note below.

Subsec. (e). Pub. L. 100–485, §202(b)(11), in cl. (1), substituted “participating in a program under part F of this subchapter” for “registering pursuant to section 602(a)(19) of this title for the work incentive program established by part C of this subchapter” and inserted “participate in or”, and in cl. (2), substituted “part F of this subchapter” for “the work incentive program”.

1984—Subsec. (b)(1)(C). Pub. L. 98–369, §2663(c)(4)(A), substituted “such parent” for “such father” and “he” wherever appearing.

Subsec. (b)(2)(A). Pub. L. 98–369, §2663(c)(4)(B), substituted “30 days” for “thirty days”.

Subsec. (e). Pub. L. 98–369, §2663(j)(3)(B)(ii), struck out “of Health, Education, and Welfare” after “The Secretary”.

1981—Subsec. (a). Pub. L. 97–35, §2313(a)(2), substituted “the parent who is the principal earner” for “his father”.

Subsec. (b)(1). Pub. L. 97–35, §2313(a)(3), substituted in subpar. (A) “whichever of such child's parents is the principal earner” for “such child's father” and in subpar. (B) “parent” for “father”.

Subsec. (b)(2). Pub. L. 97–35, §2313(a)(4), (c)(2), substituted in subpar. (A) “unemployed parents” for “fathers”, in subpars. (C)(i), (ii), and (D) “parent described in paragraph (1)(A)” for “father”, and in subpar. (C)(i) “not currently registered” for “not registered” in two places.

Subsec. (c). Pub. L. 97–35, §2313(a)(5), substituted “parent” for “father” in two places.

Subsec. (d)(1). Pub. L. 97–35, §2353(q), substituted “a community work experience program under section 609 of this title” for “a community work and training program under section 609 of this title or any other work or training program subject to the limitations in section 609 of this title”.

Subsec. (d)(4). Pub. L. 97–35, §2313(a)(6), added par. (4).

Subsec. (e). Pub. L. 97–35, §2313(a)(7), substituted “parents” for “fathers”.

1976—Subsec. (b)(2)(B). Pub. L. 94–566, §507(a)(1), struck out “and” at end.

Subsec. (b)(2)(C)(i). Pub. L. 94–566, §507(a)(2), substituted “such child's father, unless exempt under section 602(a)(19)(A) of this title, is not registered pursuant to such section for the work incentive program established under part C of this subchapter, or, if he is exempt under such section by reason of clause (iii) thereof or no such program in which he can effectively participate has been established or provided under section 632(a) of this title, is not registered with the public employment offices in the State, and” for “such child's father is not currently registered with the public employment offices in the State, and”.

Subsec. (b)(2)(C)(ii). Pub. L. 94–566, §507(a)(2), substituted “qualifies for unemployment compensation under an unemployment compensation law of a State or of the United States, but refuses to apply for or accept such unemployment compensation; and” for “receives unemployment compensation under an unemployment compensation law of a State or of the United States”.

Subsec. (b)(2)(D). Pub. L. 94–566, §507(a)(2), added subpar. (D).

Subsec. (d)(3). Pub. L. 94–566, §507(b), inserted “, for purposes of subsection (b)(1)(C) of this section,” before “be deemed”.

Subsec. (e). Pub. L. 94–566, §507(d), added subsec. (e).

1971—Subsec. (b)(2)(A). Pub. L. 92–223, §3(a)(10), substituted “certified” for “referred”.

Subsec. (c). Pub. L. 92–223, §3(a)(11), substituted “certify such father” for “refer such father”.

1968—Subsec. (a). Pub. L. 90–248, §203(a), in provisions designated as subsec. (a), redefined definition of “dependent child” to provide for a definition of unemployment of a father under standards prescribed by the Secretary rather than unemployment of a parent as defined by the State.

Subsec. (b). Pub. L. 90–248, §203(a), in provisions designated as subsec. (b), provided for requirements and contents of State plans, inserting introductory text preceding subpar. (A) of par. (1), pars. (1)(A), (2)(A), and (2)(C)(i), and incorporating existing cl. (1) provision for inclusion of aid for any needy child in par. (1), existing cl. (3)(B) in par. (1)(B), existing cl. (3)(A) in par. (2)(B) (substituting “designed to assure maximum utilization” for “looking toward maximum utilization”), existing second sentence in par. (2)(C)(ii), and struck out former cl. (2)(B) respecting assurance of prohibition of aid as long as the unemployed parent refuses without good cause to accept employment offered through public employment offices or by an employer in good faith, now covered in section 602(a)(19)(F) of this title.

Subsec. (b)(2)(C). Pub. L. 90–364 inserted provisions prohibiting payment to a family on the basis of the father's unemployment with respect to any week for which the father receives unemployment compensation under State or Federal law.

Pub. L. 90–248, §203(a), provided for application of provisions to unemployed fathers rather than unemployed parents and struck out effective period provision beginning May 1, 1961, and ending with the close of June 30, 1968.

Subsecs. (c), (d). Pub. L. 90–248, §203(a), added subsecs. (c) and (d).

1967—Pub. L. 90–36 extended termination date from June 30, 1967, to June 30, 1968.

1964—Pub. L. 88–641 substituted “needy child who meets the requirements of section 606(a)(2) of this title, who” for “needy child under the age of eighteen who” and “section 606(a)(1) of this title” for “section 606(a) of this title”.

1962—Pub. L. 87–543 extended termination date from June 30, 1962, to June 30, 1967, substituted “aid to families with dependent children” for “aid to dependent children” in cl. (2)(B), designated existing provisions as cl. (3)(A), and added cl. (3)(B).

Effective Date of 1990 Amendment

Section 5061(b) of Pub. L. 101–508 provided that: “The amendments made by subsection (a) [amending this section] shall take effect at the same time and in the same manner as the amendments made by title II of the Family Support Act of 1988 [Pub. L. 100–485, see section 204 of Pub. L. 100–485, set out as an Effective Date note under section 681 of this title] take effect.”

Section 5062(b) of Pub. L. 101–508 provided that: “The amendments made by subsection (a) [amending this section] shall take effect on the date of the enactment of this Act [Nov. 5, 1990].”

Effective Date of 1989 Amendment

Section 10403(a)(1)(A)(ii) of Pub. L. 101–239 provided that: “The amendment made by clause (i) [amending this section] shall take effect as if such amendment had been included in section 202(b)(8)(A) of the Family Support Act of 1988 [Pub. L. 100–485] on the date of the enactment of such Act [Oct. 13, 1988].”

Section 10403(a)(2) of Pub. L. 101–239 provided that the amendment made by that section is effective Sept. 30, 1998.

Effective and Termination Dates of 1988 Amendments

Section 8105 of Pub. L. 100–647 provided that amendments made by that section, amending sections 607 and 669 of this title and amending provisions of Pub. L. 100–485 which are classified to sections 607 and 666 of this title, are effective on date of enactment of Family Support Act of 1988, Pub. L. 100–485, which was approved Oct. 13, 1988.

Amendment by section 202(b)(7)–(11) of Pub. L. 100–485 effective Oct. 1, 1990, with provision for earlier effective dates in case of States making certain changes in their State plans and formally notifying the Secretary of Health and Human Services of their desire to become subject to the amendments by title II of Pub. L. 100–485 at such earlier effective dates, see section 204(a), (b)(1)(A), of Pub. L. 100–485, set out as an Effective Date note under section 681 of this title.

Amendment by section 401(a)(2)(B), (C), (b)(1), (3), (c) of Pub. L. 100–485 effective Oct. 1, 1990, except as provided in section 1396d(m)(2) of this title and not effective for Puerto Rico, Guam, American Samoa, and the Virgin Islands, until date of repeal of limitations contained in section 1308(a) of this title on payments to such jurisdictions for purposes of making maintenance payments under parts A and E of subchapter IV of this chapter, and repealed effective Sept. 30, 1998, with the provisions so amended (as in effect immediately before the effective date of the amendment) applicable as if the amendment had never been made, see section 401(g) and (h) of Pub. L. 100–485, as amended, set out as notes under section 602 of this title.

Effective Date of 1984 Amendment

Amendment by Pub. L. 98–369 effective July 18, 1984, but not to be construed as changing or affecting any right, liability, status, or interpretation which existed (under the provisions of law involved) before that date, see section 2664(b) of Pub. L. 98–369, set out as a note under section 401 of this title.

Effective Date of 1981 Amendment

Amendment by section 2313(a)(2)–(7), (c)(2) of Pub. L. 97–35 effective Oct. 1, 1981, except as otherwise specifically provided, see section 2321 of Pub. L. 97–35, set out as a note under section 602 of this title.

Amendment by section 2353(q) of Pub. L. 97–35 effective Oct. 1, 1981, except as otherwise explicitly provided, see section 2354 of Pub. L. 97–35, set out as an Effective Date note under section 1397 of this title.

Effective Date of 1976 Amendment

Section 507(c) of Pub. L. 94–566 provided that: “The amendments made by the preceding provisions of this section [amending this section] shall be effective with respect to months after (and weeks beginning in months after) the date of the enactment of this Act [Oct. 20, 1976].”

Effective Date of 1971 Amendment

Amendment by Pub. L. 92–223 effective July 1, 1972, except as otherwise specified therein, see section 3(c) of Pub. L. 92–223, set out as a note under section 602 of this title.

Effective Date of 1968 Amendment

Section 203(c) of Pub. L. 90–248 provided that: “The amendment made by subsection (a) [amending this section] shall be effective January 1, 1968; except that no State which had in operation a program of aid with respect to children of unemployed parents under section 407 of the Social Security Act [this section] (as in effect prior to such amendment) in the calendar quarter commencing October 1, 1967, shall be required to include any additional child or family under its State plan approved under section 402 of such Act [section 602 of this title], by reason of the enactment of such amendment, prior to July 1, 1969.”

Effective Date of 1962 Amendment

Amendment by section 134 of Pub. L. 87–543 effective July 1, 1963, see section 202(a) of Pub. L. 87–543, set out as a note under section 302 of this title.

Evaluation of Time-Limited and Conventional State Programs; Report to Congress

Section 401(e) of Pub. L. 100–485 provided that:

“(1) The Secretary of Health and Human Services shall evaluate the time-limited and conventional State programs conducted under section 407 of the Social Security Act [this section] (as amended by this section), including the effects of the work requirement applicable to families receiving benefits under such section.

“(2) The Secretary shall, not later than July 1, 1996, submit to the Congress an interim report containing the findings of such evaluation together with recommendations for any changes in such program, and shall, not later than July 1, 1998, submit to the Congress a final report containing such findings and recommendations.”

Father as Meeting Certain Subsec. (b)(1)(C) Requirements of Minimum Quarters of Work and Receipt of or Qualification for Unemployment Compensation

Section 203(b) of Pub. L. 90–248 provided that: “In the case of an application for aid to families with dependent children under a State plan approved under section 402 of such Act [section 602 of this title] with respect to a dependent child as defined in section 407(a) of such Act [subsec. (a) of this section] (as amended by this section) within 6 months after the effective date of the modification of such State plan which provides for payments in accordance with section 407 of such Act [this section] as so amended, the father of such child shall be deemed to meet the requirements of subparagraph (C) of section 407(b)(1) of such Act [subsec. (b)(1)(C) of this section] (as so amended) if at any time after April 1961 and prior to the date of application such father met the requirements of such subparagraph (C). For purposes of the preceding sentence, an individual receiving aid to families with dependent children (under section 407 of the Social Security Act as in effect before the enactment of this Act [Jan. 2, 1968]) for the last month ending before the effective date of the modification referred to in such sentence shall be deemed to have filed application for such aid under such section 407 (as amended by this section) on the day after such effective date.”

State Plans in Effect July 25, 1962: Automatic Conformity to Amendments

State plans in effect July 25, 1962, deemed to have been conformed to amendment of clause (2)(B) of this section by section 104(a) of Pub. L. 87–543, see section 104(b) of Pub. L. 87–543, set out as a note under section 601 of this title.

Section Referred to in Other Sections

This section is referred to in sections 602, 606, 672, 673, 1315, 1396d of this title.

1 So in original. Probably should be “parent's”.

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