369.5 Determination of category.
(a) Full utilization of Federal categorical assistance. Family
Assistance shall be granted to persons eligible or presumptively eligible therefor in
compliance with office regulations.
(b) Utilization of Federal Supplemental Security Income program (SSI).
(1) Individuals who apply for or are receiving
FA and who appear to be eligible for SSI benefits must, as a condition of eligibility for
ADC, apply for and cooperate with all requirements set forth by the Social Security
Administration for making a determination of that individual's eligibility for SSI. If an
applicant or recipient refuses to cooperate in applying for SSI benefits for himself or
herslef or for a member of the FA household, his or her needs shall be eliminated from the
budget.
(2) When the only remaining child in an FA
household becomes eligible for SSI benefits, the needs of the dependent relative, if
otherwise eligible, shall be provided as FA until the child would no longer be
ADC-eligible.
(3) When an individual in the FA household
becomes eligible to receive SSI benefits, and no FA-eligible individual remains in the
household, FA assistance shall not be provided.
(c) Utilization of FA category for pregnant women. Family Assistance
shall be granted to a needy pregnant woman whose pregnancy has been medically verified,
provided that the woman would have been eligible for FA if such child had been born and
was living with her.
(d) Ineligibility for FA benefits.
(1) No family shall be categorically eligible
for FA for any month in which the caretaker relative with whom the child is living is, on
the last day of such month, participating in a strike.
(2) If an FA recipient, other than a caretaker
relative, is participating in a strike on the last day of a month, such individual shall
be ineligible for FA benefits for such month.
(3) For the purposes of this subdivision,
striker shall mean the term striker as defined by the National Labor Relations Board (29
U.S.C. 142(2)).
(4) For the purposes of this subdivision, the
term participating in a strike means concerted cooperation and support for a strike
action.