CHILDREN RECEIVING FOSTER CARE MAINTENANCE OR ADOPTION ASSISTANCE PAYMENTS NOT TREATED AS MEMBER OF FAMILY UNIT FOR PURPOSES OF DETERMINING ELIGIBILITY FOR. OR AMOUNT OF. AFDC BENEFIT.

SEC. 5052. CHILDREN RECEIVING FOSTER CARE MAINTENANCE OR ADOPTION ASSISTANCE PAYMENTS NOT TREATED AS MEMBER OF FAMILY UNIT FOR PURPOSES OF DETERMINING ELIGIBILITY FOR. OR AMOUNT OF. AFDC BENEFIT. (a) In General.— Part A of title IV (42 U.S.C. 601 et seq.) is amended by inserting after section 408 the following: “exclusion from afdc unit of child for whom federal, state, or local foster care maintenance or adoption assistance payments are made “Sec. 409. (a) Notwithstanding any other provision of this title (other than subsection (b))— “(1) a child with respect to whom foster care maintenance payments or adoption assistance payments are made under part E or under State or local law shall not, for the period for which such payments are made, be regarded as a member of a family for purposes of determining the amount of benefits of the family under this part; and “(2) the income and resources of such child shall be excluded from the income and resources of a family under this part. “(b) Subsection (a) shall not apply in the case of a child with respect to whom adoption assistance payments are made under part E or under State or local law, if application of such subsection would reduce the benefits under this part of the family of which the child would otherwise be regarded as a member.”. (b) Conforming Repeal.—Section 478 (42 U.S.C. 678) is hereby repealed. (c) Effective Date.—The amendment made by subsection (a) and the repeal made by subsection (b) shall apply with respect to benefits for months beginning on or after the first day of the 6th calendar month following the month in which this Act is enacted.