Welfare Eligibility Reform Act Exposed

The Welfare Eligibility Reform Act does not include adoption or approval information, but was included in ALEC's 1995 Sourcebook of American State Legislation. ALEC has attempted to distance itself from this piece of legislation after the launch of ALECexposed.org in 2011, but it has done nothing to get it repealed in the states where it previously pushed for it to be made into law.

ALEC Bill Text

Summary

Under federal AFDC regulations, men and women may live together under the “man in the house” rule. This act would require that a person living with an AFDC family under the “man in the house” rule must provide financial support for the children, and their income shall be considered for the purposes of eligibility for AFDC for that family.

Model Legislation

{Title enacting clause, etc.}

Section 1.

The Legislature finds that men and women may live together if they are not married under federal regulations for Aid to Families with Dependent Children (AFDC), under the “man in the house” rule, and thus there is no incentive for recipients of AFDC to adopt traditional family structure. The Legislature further finds that a person who is living with an AFDC parent as a “man in the house” should bear the same responsibilities and obligations as the AFDC custodial parent with regard to the family.

Section 2.

Notwithstanding any other provision of law to the contrary, the person living with a family receiving AFDC under the “man in the house” rule as defined by 45 CFR 233.90 must provide financial support for any children in such family.

Section 3.

Notwithstanding any other provision of law to the contrary, any income of any person living with a family receiving AFDC under the “man in the house” rule, as defined by 45 CFR 233.90, shall be considered for the purposes of eligibility for AFDC for that family.

Section 4.

The secretary of -the Department of Social Services for insert appropriate department) shall submit a federal waiver request as necessary no later than {insert date) to implement this requirement. This Section shall not be implemented until such federal waivers are approved and a certification is made by the secretary of the Department of Social Services and the secretary of the Department of Health and Hospitals to the governor and the Senate and House committees on health arid welfare that implementation of this requirement shall not result in the, loss of any federal funds.

Section 5. {Severability clause.}

Section 6. {Repealer clause.}

Section 7. {Effective date.}