Standards of need as basis for general assistance payments by Bureau of Indian Affairs; ratable reductions

  1. Law
  2. USC 25
  3. Indians
  4. BUREAU OF INDIAN AFFAIRS
  5. Standards of need as basis for general assistance payments by Bureau of Indian Affairs; ratable reductions

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§13d–1. Standards of need as basis for general assistance payments by Bureau of Indian Affairs; ratable reductions

General assistance payments made by the Bureau of Indian Affairs shall be made-

(1) after April 29, 1985, and before October 1, 1995, on the basis of Aid to Families with Dependent Children (AFDC) standards of need; and

(2) on and after October 1, 1995, on the basis of standards of need established under the State program funded under part A of title IV of the Social Security Act [42 U.S.C. 601 et seq.],


except that where a State ratably reduces its AFDC or State program payments, the Bureau shall reduce general assistance payments in such State by the same percentage as the State has reduced the AFDC or State program payment.

( Pub. L. 99–88, title I, §100, Aug. 15, 1985, 99 Stat. 338 ; Pub. L. 104–193, title I, §110(k), Aug. 22, 1996, 110 Stat. 2172 .)

References in Text

The Social Security Act, referred to in par. (2), is act Aug. 14, 1935, ch. 531, 49 Stat. 620 , as amended. Part A of title IV of the Act is classified generally to part A (§601 et seq.) of subchapter IV of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.

Amendments

1996-Pub. L. 104–193, §110(k), which directed the general amendment of the "4th proviso of chapter VII of title I of Public Law 99–88 (25 U.S.C. 13d–1)", was executed by amending this section, which is the 4th proviso under heading "Bureau of Indian Affairs" of chapter VII of title I of Pub. L. 99–88, to reflect the probable intent of Congress. Prior to amendment, this section read as follows: "General assistance payments made by the Bureau of Indian Affairs after April 29, 1985, shall be made on the basis of Aid to Families with Dependent Children (AFDC) standards of need except where a State ratably reduces AFDC payments in which event the Bureau shall reduce general assistance payments in such State by the same percentage as the State has reduced the AFDC payment."

Effective Date of 1996 Amendment

Amendment by Pub. L. 104–193 effective July 1, 1997, with transition rules relating to State options to accelerate such date, rules relating to claims, actions, and proceedings commenced before such date, rules relating to closing out of accounts for terminated or substantially modified programs and continuance in office of Assistant Secretary for Family Support, and provisions relating to termination of entitlement under AFDC program, see section 116 of Pub. L. 104–193, as amended, set out as an Effective Date note under section 601 of Title 42, The Public Health and Welfare.

Maximum Allowable Payments

Pub. L. 99–349, title I, July 2, 1986, 100 Stat. 732 , provided in part: "That the levels established for general assistance by Public Law 99–88 (99 Stat. 388) [probably means Pub. L. 99–88, 99 Stat. 338 , which enacted this section], are the maximum allowable payments."


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