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



[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 25USC13d-1]

 
                            TITLE 25--INDIANS
 
                   CHAPTER 1--BUREAU OF INDIAN AFFAIRS
 
Sec. 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, Sec. 100, Aug. 15, 1985, 99 Stat. 338; Pub. L. 
104-193, title I, Sec. 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 (Sec. 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, Sec. 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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