FSP: Non-Citizen Eligibility and Certification Provisions of Public Law 104-193 Binder II [3]
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OCR Page 1 of 211Draft NECP Final Rule 11-2-00 Compilation
that the battering is substantially connected to the need for benefits. Section 5571 of the
Balanced Budget Act of 1997 includes the alien child of a battered parent in this
provision. Deeming of the batterer's income and resources is eliminated after 12 months
if the battery is: (1) recognized by a court or the INS; and (2) has a substantial
connection to the need for benefits. These provisions do not apply if the battered alien
lives with the batterer.
Section 423, as amended by section 551(a) of the OCAA, provides that the
sponsored alien provisions in PRWORA apply to aliens who are sponsored under a new
legally binding affidavit of support. It also requires that if a sponsored alien has received
any benefits under a means-tested public benefit program, the State agency must request
that the sponsor provide reimbursement in the amount of such assistance. If, within 45
days after the request for reimbursement, the sponsor has not indicated a willingness to
commence payment, the State agency may bring legal action against the sponsor pursuant
to the affidavit of support. The DOJ published an interim rule with request for comments
on the new affidavits of support and reimbursement provisions in the Federal Register on
October 20, 1997 (62 FR 54346). The rule is effective on December 19, 1997, and the
new affidavits of support should be used for all aliens who become sponsored after that
date.
The Department proposed to revise 7 CFR 273.11(j) to incorporate provisions of
PRWORA, OCAA, and the Balanced Budget Act of 1997 and to streamline the section
by increasing State agency flexibility and removing redundant requirements. Our
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