Section 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.