(b) Any questions as to the father's inability to engage in such employment for physical reasons or because he has no way to get to or from the particular job; and

(c) Any questions of working conditions, such as risks to health, safety, or lack of workman's compensation

protection.

(iii) Such father (a) has six or more quarters of work (as defined in subdivision (iv) of this subparagraph), within any 13-calendar-quarter period ending within 1 year prior to the application for such aid, or (b) within such 1-year period, received unemployment compensation under an unemployment compensation law of a State or of the United States, or was qualified under the terms of subdivision (v) of this subparagraph) for such compensation under the State's unemployment compensation law.

(iv) A "quarter of work" with respect to any individual means a period (of 3 consecutive calendar months ending on March 31, June 30, September 30, or December 31) in which he received earned income of not less than $50 (or which is a "quarter of coverage" as defined in section 213(a) (2) of the Act), or in which he participated in a community work and training program under section 409 of the Act or any other work and training program subject to the limitations in such section 409, or the work incentive program established under part C of title IV of the Act.

(v) An individual shall be deemed "qualified" for unemployment compensation under the State's unemployment compensation law if he would have been eligible to receive such benefits upon filing application, or he performed work not covered by such law which, if it had been covered, would (together with any covered work he performed) have made him eligible to receive such benefits upon filing application.

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

(5) Provide for the denial of such aid to any such dependent child or the relative specified in section 406(a)(1) of the Act with whom such child is living,

(i) If, and for as long as, such child's father is not currently registered with the public employment offices in the State, and

(ii) With respect to any week for which such child's father receives unemployment compensation under an unemployment compensation law of a State or of the United States.

(6) Provide that within 30 days after the receipt of aid with respect to such children, such unemployed fathers will be referred for participation in the Work Incentive Program, as provided in section 402 (a) (19) of the Act and the regulations relating thereto.

(7) Provide, where application for aid with respect to a dependent child (as defined by the State pursuant to subparagraph (2) of this paragraph) is made within 6 months after the effective date of the modification of the State plan in accordance with the provisions in subparagraphs (1) through (6) of this paragraph, that the father of such child will be considered to have met the requirements of subparagraph (3) (iii) of this paragraph if he met such requirements at any time after April 1961 and prior to the date of such application.

(8) Provide, if the approved State plan in effect prior to January 1, 1968, including aid with respect to dependent children of unemployed parents, that for purposes of subparagraph (7) of this paragraph an individual who received such aid under such plan for the last month ending before the effective date of the modification referred to in subparagraph (7) of this section will be considered to have filed application for aid under the plan as modified on the day after such effective date.

(b) Exception. Under the law, a State which had in operation an AFDCUnemployed Parent Program under title IV of the Act at any time during the period October 1-December 31, 1967, is not required prior to July 1, 1969, to include any additional child or family under its approved State plan, by reason of the requirements set forth in paragraph (a) of this section.

(c) Federal financial participation (1) Beginning with the effective date of these regulations or effective date of approval of amendments to the State plan pursuant to section 407 of the Act, whichever is later, Federal financial participation is available in payments authorized in accordance with the State plan approved under section 402 of the Act as

aid to families with dependent children with respect to a child

(i) Who meets the requirements of section 406 (a) (2) of the Act;

(ii) Who is living with any of the relatives specified in section 406 (a) (1) of the Act in a place of residence maintained by one or more of such relatives as his (or their) own home;

(iii) Who has been deprived of parental support or care by reason of the fact that his father is employed less than 35 hours a week or less than the number of hours considered by the industry to be full time for the job, whichever is less;

(iv) Whose father (a) has six or more quarters of work (as defined in paragraph (a) (3) (iv) of this section) within any 13-calendar-quarter period ending within 1 year prior to the application for such aid, (b) withir. such 1-year period, received unemployment compensation under an unemployment compensation law of a State or of the United States, or was qualified (under the terms of paragraph (a) (3) (v) of this section) for such compensation under the State's unemployment compensation law, or (c) is an individual whose application for aid was made within the period referred to in paragraph (a) (7) or (8) of this section and who by virtue of the requirements in such paragraph (a) (7) or (8) would be considered to have met the conditions in subdivision (iv) (a) or (b) of this subparagraph; and

(v) Whose father (a) is currently registered with the public employment offices in the State, and (b) with respect to any week, does not receive unemployment compensation under an unemployment compensation law of a State or of the United States.

(2) The State may not include in its claim for Federal financial participation payments made as aid under the plan with respect to a child who meets the conditions set forth in subparagraph (1) of this paragraph, where such payments were made

(i) For any part of the 30 day period prior to the receipt of such payment, if during such period his father was not unemployed (as defined by the State pursuant to paragraph (a) (1) of this section);

(ii) For such 30-day period, if during such periods his father refused without good cause a bona fide offer of employment or training for employment; and

(iii) For any period beginning with the 31st day after the receipt of such

aid, if and for as long as no action is taken during such period to refer his father for participation in the Work Incentive Program as provided in section 402(a) (19) of the Act and the regulations relating thereto.

(Sec. 407, 81 Stat. 882; 42 U.S.C. 607) [34 F.R. 1146, Jan. 24, 1969]

§ 233.110 AFDC Foster Care.

(a) Requirements for State Plans. Effective July 1, 1969, a State plan for AFDC must provide for aid to families with dependent children in the form of foster care for children specified in section 408 of the Social Security Act. Provision must be made for both foster family care and institutional care in accordance with the individual child's needs. Public institutions may be used, without Federal financial participation, to discharge the institutional obligation in whole or in part. The State plan must specify the types of institutions which will be used. The use of institutions outside the State will also meet the requirement for the provision of institutional care.

(b) Federal Financial Participation. (1) Federal financial participation may be claimed, effective January 1, 1968, in AFDC foster care payments not to exceed an average of $100 per month per recipient, made on behalf of children as specified in section 408 of the Act, who are included in the approved State plan under title IV-A of the Act. The maximum of $100 per month per recipient may be disregarded when the provisions of section 1118 of the Act are applied.

(2) In addition to children for whom Federal financial participation was available prior to January 1, 1968, Federal financial participation is available for assistance in the form of foster care for the following additional children if they are included in the State plan:

(i) Children placed since May 1, 1961, in foster care, if they would have received AFDC in or for the month in which court proceedings that resulted in removal from the home were initiated, if application had been made for them, and

(ii) Children placed since May 1, 1961, who lived with a relative enumerated in the State's approved plan within 6 months prior to the month in which court proceedings were initiated which resulted in such children being placed in foster care, and who would have received AFDC in or for such month if in such month they had been living with

(and were removed from the home of) such a relative and if application had been made for them.

[34 F.R. 1319, Jan. 28, 1969]

§ 233.120 Emergency assistance to needy families with children.

(a) Requirements for State plans. A State plan under Title IV, Part A, of the Social Security Act, providing for emergency assistance to needy families with children must:

(1) Specify the eligibility conditions imposed for the receipt of emergency assistance. These conditions may be more liberal than those applicable to other parts of the plan. (See paragraph (b) (1) of this section for scope of Federal financial participation.)

(2) Specify if migrant workers with families will be included and, if emergency assistance will not be available to them Statewide, the part or parts of the State in which it will be provided.

(3) Specify the emergency needs that will be met, whether mass feeding or clothing distribution are included, and the methods of providing payments, medical care, and other remedial care.

(4) Specify which of the following services will be provided: Information, referral, counseling, securing family shelter, child care, legal services, and any other services that meet needs attributable to the emergency or unusual crisis situations.

(5) Provide that emergency assistance will be given forthwith.

participation.

(b) Federal financial Beginning with the effective date of approval of the amendment to the State plan for AFDC which provides for emergency assistance to needy families with children pursuant to section 406(e) of the Act:

(1) Federal financial participation is available for emergency assistance to or on behalf of a needy child under the age of 21 and any other member of the household in which he is living if—

(1) Such child is (or, within 6 months prior to the month in which such assistance is requested, has been) living with any of the relatives specified in section 406 (a) (1) of the Act in a place of residence maintained by one or more of such relatives as his or their own home,

(ii) Such child is without resources immediately accessible to meet his needs,

(iii) The emergency assistance is necessary to avoid destitution of such child

or to provide living arrangements for him in a home, and

(iv) His destitution or need for living arrangements did not arise because he or such relative refused without good cause to accept employment or training for employment.

(2) The rate of Federal financial participation in expenditures during a quarter as emergency assistance in accordance with the provisions of an approved State plan is:

(i) 50 percent of the total amount of such expenditures which are in the form of money payments, payments in kind, or such other payments as the State agency specifies, including loans and vendor payments, or medical or remedial care recognized under State law, with respect to or on behalf of individuals described in subparagraph (1) of this paragraph; and 50 percent of the total amount expended for administration, including costs incurred in determining eligibility, in the payment process, and for other related administrative activities;

(ii) 75 percent of the total amount of such expenditures which are for the following services provided to individuals described in subparagraph (1) of this paragraph, directly by staff of the agency, or by purchase from other sources: Information, referral, counseling, securing family shelter, child care, legal services, and any other services that meet needs attributable to the emergency or unusual crisis situations.

(3) Federal matching is available only for emergency assistance which the State authorizes during one period of 30 consecutive days in any 12 consecutive months, including payments which are to meet needs which arose before such 30-day period or are for such needs as rent which extend beyond the 30-day period. Another condition for Federal participation is that the State has a reasonable method of determining the value of goods in kind or services provided for emergency assistance.

[34 F.R. 393, Jan. 10, 1969]

§ 233.140 Expiration of

community

work and training program.

The provisions of section 409 of the Social Security Act, as amended, "Community Work and Training Programs", shall not apply to any State with respect to any quarter beginning after June 30, 1968. Federal financial participation will not be available in expenditures made

in the form of payments for work performed in any month after June 1968, except under the Work Incentive Program authorized by Title IV, Part C of the Social Security Act, or under the work experience and training programs authorized by title V of the Economic Opportunity Act.

(Sec. 204 (c) (2) 81 Stat. 892) [34 F.R. 11, Jan. 1, 1969]

§ 233.145 Expiration of medical assistance programs under titles I, IV—A, X, XIV and XVI of the Social Security Act.

Under the provisions of section 121 (b) of Public Law 89-97, enacted July 30, 1965, no payment may be made to any State under title I, IV-A, X, XIV or XVI of the Social Security Act for aid or assistance in the form of medical or any other type of remedial care for any period after December 31, 1969. Effective January 1, 1970, Federal financial participation in vendor payments for medical care and services is not available except under title XIX of the Act.

(Sec. 121(b), 79 Stat. 352; 42 U.S.C. 1396b nt) [35 F.R. 3072, Feb. 17, 1970]

PART 234-FINANCIAL ASSISTANCE TO INDIVIDUALS

Sec. 234.60

234.70

Protective and vendor payments for dependent children.

Protective payments for the aged, blind, or disabled. 234.120 Federal financial participation. 234.130 Assistance in the form of institutional services in intermediate care facilities.

AUTHORITY: The provisions of this Part 234 issued under sec. 1102, 49 Stat. 647; 42 U.S.C. 1302.

§ 234.60 Protective and vendor payments for dependent children.

(a) Requirements for State plans. The State plan for AFDC must provide that:

(1) Methods will be in effect by which children will be identified whose relatives have demonstrated such an inability to manage funds that payments to the relative have not been or are not currently used in the best interest of the child.

(2) Criteria will be established to determine under what circumstances payments will be made in whole or in part directly to

(i) Another individual who is interested in or concerned with the welfare of such child or relative; or

(ii) A person or persons furnishing food, living accommodations or other goods, services, or items to or for the child, relative, or essential person.

(3) Aid in the form of foster care in behalf of eligible children will be included in the plan no later than July 1, 1969.

(4) There will be responsibility to assure referral to social services for appropriate action to protect recipients where problems and needs for services and care of the recipients are manifestly beyond the ability of the protective payee to handle.

(5) Standards will be established for selection:

(i) of protective payees, who are in- ' terested in or concerned with the recipient's welfare, to act for the recipient in receiving and managing assistance, with the selection of a protective payee being made by the recipient, or with his participation and consent, to the extent possible. If it is in the best interest of the recipient for a staff member of a private agency, of the public welfare department, or of any other appropriate organization to serve as a protective payee, such selection will be made preferably from the staff of an agency or that part of the agency providing protective services for families; and the public welfare department will employ such additional staff as may be necessary to provide protective payees. The selection will not include: the executive head of the agency administering public assistance; the person determining financial eligibility for the family; special investigative or resource staff, or staff handling fiscal processes related to the recipient; or landlords, grocers, or other vendors of goods or services dealing directly with the recipient.

(ii) of persons providing goods or services with the selection of such persons being made by the recipient, or with his participation and consent, to the extent possible.

(6) The agency will undertake and continue special efforts to develop greater ability on the part of the relative to manage funds in such manner as to protect the welfare of the family.

(7) Review of the need for protective payments or payments to a person furnishing goods or services on behalf of children and the way in which a protective payee's responsibilities are carried out will be made as frequently as indi

i

cated by the individual's circumstances and at least every 3 months.

(8) Provision will be made for termination of protective payments, or payments to a person furnishing goods or services, as follows:

(i) When relatives are considered able to manage funds in the best interest of the child, there will be a return to money payment status.

(ii) When it appears that need for protective payments or payments to a person furnishing goods or services will continue or is likely to continue beyond 1 year because all efforts have not resulted in sufficiently improved use of assistance in behalf of the child, judicial appointment of a guardian or other legal representative will be sought and such payments will terminate when the appointment has been made.

(9) Opportunity for a fair hearing will be given to any individual claiming assistance in relation to the determination;

(i) That a protective payment, or a payment to a person furnishing food, living accommodations, or other goods or services to a child, relative or other individual, should be made or continued,

(ii) As to the payee selected, or

(iii) That foster care will be provided. (10) Payments for the AFDC child and other eligible members of the family or household will be made by use of methods described in subparagraph (2) or (3) of this paragraph as required under the work incentive program (section 402(a) (19) (F) of the Act): Provided, That, notwithstanding the provisions of such subparagraph (2), when protective payments are made the entire payment will be made to the protective payee and when vendor payments are made the greater part of the payment will be made through this method. In such cases, subparagraphs (5) and (7) of this paragraph will also be applicable. These provisions will be applicable to a relative with whom the AFDC child resides, who has been referred to the Secretary of Labor and has without good cause refused to participate in a work incentive program or to accept a bona fide offer of employment, during a 60-day period if such relative accepts counseling aimed at encouraging him to participate in a work incentive program. Provision will be made for termination of protective payments, or payments to a person furnishing goods or services, with return to money payment status when adults

who refused training or employment without good cause either accept training or employment or agree to do so in the event such opportunities are not currently available. In the case of continuing refusal of the relative to participate, payments will be continued for the children in the home in accordance with such subparagraph (2).

(b) Federal financial participation. Federal financial participation is available in payments which otherwise qualify as money payments with respect to an eligible dependent child, but which are made to a protective payee under paragraph (a) (5) (i) of this section, or to a person furnishing food, living accommodations, or other goods or services to a child, relative or essential person. Payrolls must identify protective payment cases or payments to a person furnishing goods or services, either by use of a separate payroll for these cases or by using a special identifying code or symbol on the regular payroll.

(1) The payment must be supported by an authorization of award through amendment of an existing authorization document for such case or by preparation of a separate authorization document. In either instance, the authorization document must be a formal agency record signed by a responsible agency official, showing the name of each eligible child and relative, the amount of payment authorized and the name of the protective payee.

(2) The number of individuals for whom protective payments or payments to a person furnishing goods or services are made who can be counted as recipients for Federal financial participation in any month is limited to 10 percent of the number of other AFDC recipients in the State for that month.

(i) In computing such 10 percent, individuals with respect to whom protective payments or payments to persons furnishing goods or services are made for any month because of their refusal without good cause to participate in a work incentive program or because of their refusal without good cause to accept a bona fide offer of employment in which they are able to engage are not to be counted.

(ii) The State may decide whether the same percentage limitation is applied in each local administrative subdivision or it may establish a method of assuring that the number of recipients for whom matchable payments are made does not