P.L. 97–35, Approved August 13, 1981 (95 Stat. 483)

Omnibus Budget Reconciliation Act of 1981

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Sec. 673. [42 U.S.C. 9902]  For purposes of this subtitle:

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(2)  The term “poverty line” means the official poverty line defined by the Office of Management and Budget based on Bureau of the Census data. The Secretary shall revise the poverty line annually (or at any shorter interval the Secretary deems feasible and desirable) which shall be used as a criterion of eligibility in community service block grant programs. The required revision shall be accomplished by multiplying the official poverty line by the percentage change in the Consumer Price Index For All Urban Consumers during the annual or other interval immediately preceding the time at which the revision is made. Whenever the State determines that it serves the objectives of the block grant established by this subtitle the State may revise the poverty line to not to exceed 125 percent of the official poverty line otherwise applicable under this paragraph.

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(4)  The term “Secretary” means the Secretary of Health and Human Services.

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APPLICATIONS AND REQUIREMENTS

Sec. 2605. [42 U.S.C. 8624] 

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(f)(1)  Notwithstanding any other provision of law unless enacted in express limitation of this paragraph, the amount of any home energy assistance payments or allowances provided directly to, or indirectly for the benefit of, an eligible household under this title shall not be considered income or resources of such household (or any member thereof) for any purpose under any Federal or State law, including any law relating to taxation, supplemental nutrition assistance programbenefits, public assistance, or welfare programs.

(2)  For purposes of paragraph (1) of this subsection and for purposes of determining any excess shelter expense deduction under section 5(e) of the Food and Nutrition Act of 2008 (7 U.S.C. 2014(e))—

(A)  the full amount of such payments or allowances shall be deemed to be expended by such household for heating or cooling expenses, without regard to whether such payments or allowances are provided directly to, or indirectly for the benefit of, such household; and

(B)  no distinction may be made among households on the basis of whether such payments or allowances are provided directly to, or indirectly for the benefit of, any of such households.

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[Internal References.—SSAct §§202(i), 501(b), 1902(l), (m), and (u), 1905(p) and (s), 1916(c), 1924(d), and 1925(b) cite the Omnibus Budget Reconciliation Act of 1981. SSAct §501(b) cites the Maternal and Child Health Services Block Grant. SSAct §§2(a), 1002(a), 1402(a), 1602(a)(State) 1612(b) and 1613(a) have footnotes referring to Appendix K (this Volume) which provides a list of Federal law provisions, including P.L. 97-35, §2605(f), relating to income and resources. P.L. 88-525, §5(e) (this Volume) has a footnote referring to P.L. 97-35.]