CHAPTER 629

AN ACT TO AMEND SECTION 503, TITLE 31, DELAWARE CODE, RELATING TO ELIGIBILITY FOR WELFARE ASSISTANCE.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Section 503, Title 31, Delaware Code, is amended by striking subsection (d) and substituting in lieu thereof a new subsection (d) as follows:

(d) The amount of assistance or supplementary services granted as Aid to Families with Dependent Children, as defined below, shall be determined by the Department with due regard to the resources and necessary expenditures of the family and the conditions existing in each case and in accordance with the rules and regulations made by the Department, and shall be sufficient, when added to all other income and support available to the family, to provide such family with a reasonable subsistence compatible with decency and health.

In no event, however, shall the total amount paid to the mother or guardian or other person standing in loco parentis to a dependent child, for any calendar month, exceed $91.00 for the first dependent and only child plus $61.00 each for the caretaker relative and for the spouse of the caretaker relative as provided in Section 504 (2) of this chapter.

If there are the number of dependent children in the same family, as specified below, the amount paid for any calendar month shall not exceed the amount specified below in each case plus $61.00 each for the caretaker relative and for the spouse of the caretaker relative as provided in Section 504 (2) of this chapter.

2 dependent children $106.00

3 dependent children 120.00

4 dependent children 135.00

5 dependent children 147.00

6 dependent children 159.00

7 dependent children 172.00

8 dependent children 183.00

In no event shall the total amount for Aid to Families with Dependent Children in the same family exceed $305.00 for any calendar month. The limitations on the amount paid for Aid to Families with Dependent Children may be exceeded, however, by the amount of any payments for Medical Care as defined in Section 502 of this chapter.

In order to receive assistance under section 503 (d), Title 31, Delaware Code, the mother, guardian or persons standing in loco parentis to a dependent child must have instituted suit for nonsupport in the Family Court of the appropriate county or must have designated the Department of Health and Social Services to act as the attorney-in-fact for the purpose of instituting proceedings for non-support in the Family Court in the appropriate county on behalf of such mother, guardian or person standing in loco parentis.

Section 2. This Act shall be effective from the effective date of the Annual Budget Act of 1970-71.

Approved June 30, 1970.