§ 349. Eligibility. A. Family assistance shall be given to a pregnant
individual, a parent or other relative as herein specified for the
benefit of a child under eighteen years of age, or of a child under
nineteen years of age who is a full-time student regularly attending a
secondary school or in the equivalent level of vocational or technical
training if, in the judgment of the social services official:

1. the granting of an allowance will be in the interest of such child,
and

2. the parent or other relative is a fit person to bring up such child
so that his or her physical, mental and moral well-being will be
safe-guarded, and

3. such child is a resident of the state on the date of application
for aid.

B. 1. An allowance may be granted for the aid of such child who is
living with a parent or other adult related to him or her by blood,
marriage or adoption eligible to receive assistance on his or her behalf
pursuant to the federal social security act, the provisions of this
chapter and regulations of the department.

2. Notwithstanding the provisions of this title and titles three and
four of this article to the contrary, the department may by regulation
require that some or all persons, or households containing such persons,
who are otherwise eligible for family assistance and are permanently
disabled and awaiting determinations of eligibility for federal
supplemental security income under title XVI of the federal social
security act receive family assistance without use of federal funding
and the department is authorized to reclassify retroactively all or a
portion of the amount of any family assistance which otherwise has been
or would be received by any such person or household if such
reclassification is in the financial interests of the state; provided,
however, that any such retroactive reclassification shall be
accomplished without diminution or increase of the family assistance
grant previously paid and shall not affect any rights, obligations or
entitlements of any such person under the family assistance program. Any
such transfer or reclassification may be accomplished by appropriate
notation in the records of the social services district or the
department, and no other notice thereof need be made.

C. In making such allowances consideration shall be given to the
ability of the relative making application and of any other relatives to
support and care for or to contribute to the support and care of such
child. In making all such allowances it shall be made certain that the
religious faith of the child shall be preserved and protected.

D. Family assistance shall not be payable to a family for any month
in which any caretaker relative with whom the child is living is, on the
last day of such month, participating in a strike, and no individual's
needs shall be included in determining the amount of such aid which is
payable for any month to a family if, on the last day of such month,
such individual is participating in a strike.