No assistance for more than 5 years
(A) In general
(A)In general#
A State to which a grant is made under section 603 of this title shall not use any part of the grant to provide assistance to a family that includes an adult who has received assistance under any State program funded under this part attributable to funds provided by the Federal Government, for 60 months (whether or not consecutive) after the date the State program funded under this part commences, subject to this paragraph.
(B)Minor child exception#
In determining the number of months for which an individual who is a parent or pregnant has received assistance under the State program funded under this part, the State shall disregard any month for which such assistance was provided with respect to the individual and during which the individual was—
(i) a minor child; and
(ii) not the head of a household or married to the head of a household.
(B)(i)#
a minor child; and
(B)(ii)#
not the head of a household or married to the head of a household.
(C)Hardship exception#
(i) In general The State may exempt a family from the application of subparagraph (A) by reason of hardship or if the family includes an individual who has been battered or subjected to extreme cruelty.
(ii) Limitation The average monthly number of families with respect to which an exemption made by a State under clause (i) is in effect for a fiscal year shall not exceed 20 percent of the average monthly number of families to which assistance is provided under the State program funded under this part during the fiscal year or the immediately preceding fiscal year (but not both), as the State may elect.
(iii) Battered or subject to extreme cruelty defined For purposes of clause (i), an individual has been battered or subjected to extreme cruelty if the individual has been subjected to— (I) physical acts that resulted in, or threatened to result in, physical injury to the individual; (II) sexual abuse; (III) sexual activity involving a dependent child; (IV) being forced as the caretaker relative of a dependent child to engage in nonconsensual sexual acts or activities; (V) threats of, or attempts at, physical or sexual abuse; (VI) mental abuse; or (VII) neglect or deprivation of medical care.
(C)(i)In general#
The State may exempt a family from the application of subparagraph (A) by reason of hardship or if the family includes an individual who has been battered or subjected to extreme cruelty.
(C)(ii)Limitation#
(D)Disregard of months of assistance received by adult while living in Indian country or an Alaskan Native village with 50 percent unemployment#
(i) In general In determining the number of months for which an adult has received assistance under a State or tribal program funded under this part, the State or tribe shall disregard any month during which the adult lived in Indian country or an Alaskan Native village if the most reliable data available with respect to the month (or a period including the month) indicate that at least 50 percent of the adults living in Indian country or in the village were not employed.
(ii) “Indian country” defined As used in clause (i), the term “Indian country” has the meaning given such term in section 1151 of title 18 .
(D)(i)In general#
In determining the number of months for which an adult has received assistance under a State or tribal program funded under this part, the State or tribe shall disregard any month during which the adult lived in Indian country or an Alaskan Native village if the most reliable data available with respect to the month (or a period including the month) indicate that at least 50 percent of the adults living in Indian country or in the village were not employed.
(D)(ii)“Indian country” defined#
As used in clause (i), the term “Indian country” has the meaning given such term in section 1151 of title 18 .
(E)Rule of interpretation#
Subparagraph (A) shall not be interpreted to require any State to provide assistance to any individual for any period of time under the State program funded under this part.
(F)Rule of interpretation#
This part shall not be interpreted to prohibit any State from expending State funds not originating with the Federal Government on benefits for children or families that have become ineligible for assistance under the State program funded under this part by reason of subparagraph (A).
(G)Inapplicability to welfare-to-work grants and assistance#
For purposes of subparagraph (A) of this paragraph, a grant made under section 603(a)(5) of this title shall not be considered a grant made under section 603 of this title , and noncash assistance from funds provided under section 603(a)(5) of this title shall not be considered assistance.