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care payments are made, individuals with respect to whom State or local foster care payments are made, individuals with respect to whom Federal adoption assistance payments are made, or individuals with respect to whom State adoption assistance payments are made, for the period for which such benefits or payments are received, shall not be included in determining the need and the amount of the assistance payment. (3) When the Department learns of an individual who is required to be included in the assistance unit, the Department must redetermine the assistance unit’s eligibility and payment amount. (4) In determining need and the amount of payment for the assistance unit, all income and resources of an individual required to be in the assistance unit, but subject to sanction are considered available to the assistance unit to the same extent that they would be if the person were not subject to a sanction. HISTORY: Added by State Register Volume 19, Issue No. 5, eff May 26, 1995. Amended by State Register Volume 21, Issue No. 6, Part 2, eff June 27, 1997. 114–1130. Non-Financial Criteria. A. Relationship. A child may be considered to meet the requirement of living with a specified relative if his or her home is with a parent or a person in one of the following groups: (1) Any blood relative, including those of half-blood, and including first cousins, first cousins once removed, nephews, or nieces, and persons of preceding generations as denoted by prefixes of grand, great, or great-great. (2) Stepfather, stepmother, stepbrother, and stepsister. (3) Persons who legally adopt a child or his parent as well as the natural and other legally adopted children of such persons, and other relatives of the adoptive parents in accordance with State law. (4) Spouses of any persons named in the above groups even after the marriage is terminated by death or divorce. B. Filing Unit. In order for the family to be eligible, an application with respect to a dependent child must also include, if living in the same household and otherwise eligible for assistance: (1) Any natural or adoptive parent, and (2) Any blood-related or adoptive brother or sister including those of half-blood; Exception: needs of disqualified alien siblings are not considered in determining the eligibility and payment of an otherwise eligible dependent child, and (3) A stepparent living in the home. The stepparent’s income may be reduced by any child support paid to legal dependents outside the home. (4) When an individual who is required to be included in the assistance unit pursuant to paragraphs (1) and (2) above is also required to be included in another assistance unit, those assistance units must be consolidated, and treated as one assistance unit for purposes of determining eligibility and the amount of payment. (5) Unborn children are not included in the filing unit. C. Residence. The Department will not impose any residence requirement which excludes any individual who is a resident of the State except as provided in paragraph (2) of this section. For purposes of this section, a resident of the state is one: (1) Who is living in the State voluntarily with the intention of making his or her home there and not for a temporary purpose. A child is a resident of the State unless he or she is living here on a temporary basis. Residence may not depend upon the reason for which the individual entered the State, except insofar as it may bear upon whether the individual is here voluntarily or for a temporary purpose; or (2) Who is living in the State and is not receiving assistance from another State. D. Citizenship and Alienage. To be eligible for assistance the dependent child, the caretaker relative or any other person whose needs are considered in determining the need of the child claiming aid must be either: (1) A United States citizen or a legal alien who entered the United States before August 22, 1996, or