Department of Human Services

Families First Online Policy Manual

Family Cap

Revised:

36.2

WHEN TO APPLY THE FAMILY CAP

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An AU child is subject to a Family Cap when the AU has applied and has received continuous Families First cash payments for more than ten (10) calendar months when the birth occurs.The 10-month count begins the month after the application month.

 

Example: The caretaker applies on 9/10/97 and receives Families First benefits for herself and one child continuously since that date.On 9/21/98, she reports that she has given birth to another child on 9/3/98.

 

First month in the count is

October 1997

Tenth month in the count is

July 1998

The first month the family cap will apply

August 1998

 

Action on case: This child will be added to the AU but since 10 months have passed since the application month, the grant will not be increased to an amount greater than the maximum grant for a two-person AU.

 

Example: The caretaker applies 10/10/97 and receives Families First benefits for herself and one child continuously since that date.She reports that she has given birth to another child on 7/7/98.

 

First month in the count is

November 1997

Tenth month in the count is

August 1998

The first month the family cap will apply

September 1998

 

Action on case: This child will be added to the assistance unit and the grant will be increased to include the caretaker and two children since the birth occurred within 10 months of the application month.

 

When a minor mother who has her own Families First case turns 18 or leaves the major motherís household, the original family cap date follows her to her new case if there has been no lapse in benefits.

 

Example: An active Families First AU has an application date of 9/17/97.The AU consists of a major mother, major motherís child, a minor mother and the minor motherís child.The minor mother moves out of the household on 12/13/97 and is removed from the AU effective 12/31/97.The minor mother reapplies in her own case on 12/30/97 and is approved 1/15/98.There is no lapse in benefits.

 

First month in the count is

October 1997

Tenth month in the count is

July 1998

The first month the family cap will apply

August 1998

 

Example: An active Families First AU applies 9/17/97.The AU consists of a major mother, a minor mother and the minor motherís child.The minor mother turns 18 and applies for Families First in her own name.Her Family Cap date will remain the same even though there is a new Families First AU.

 

First month in the count is

October 1997

Tenth month in the count is

July 1998

The first month the family cap will apply

August 1998

 

For an AU that has reapplied for Families First cash payments, the ten-month count will begin with the month after the reapplication month unless there has been no gap in eligibility for the AU.

 

Example: The caretaker applies on 9/17/97 and receives Families First benefits for herself and one child.The AU is subsequently closed on 11/1/97 effective 11/30/97.The caretaker reapplies and is approved on 11/24/97. The caretaker later reports that she has had another child born on 8/17/98.Since there was no period of ineligibility in this case, the continuous receipt of benefits still applies.

 

First month in the count is

October 1997

Tenth month in the count is

July 1998

The first month the family cap will apply

August 1998

 

Action on case: This child will be added to the AU but the grant will not be increased to include the second child since the birth occurred more than ten months after the initial application month.

 

Example: The caretaker applies on 9/17/97 and is approved for Families First benefits.The AU is subsequently closed effective 11/30/97 because of excess income.The caretaker reapplies on 1/4/98.The caretaker reports that her child was born 12/17/98.There was a gap in the receipt of benefits.Therefore, the month following the reapplication month is the first month of the 10-month count.

 

First month in the count is

February 1998

Tenth month in the count is

November 1998

The first month the family cap will apply

December 1998

 

Action on case: This child will be added to the AU, and the grant will not be increased since the birth occurred more than 10 months after the reapplication month.

 

Example: The caretaker applies on 12/17/97 and is approved for Families First benefits.The AU is subsequently closed effective 2/28/98 because of excess resources.The caretaker reapplies on 4/4/98.The caretaker reports that her child was born on 12/17/98.

 

First month in the count is

May 1998

Tenth month in the count is

February 1999

The first month the family cap will apply

March 1999

 

Action on case: The child will be added to the AU, and the grant will be increased since the birth occurred within 10 months of the application month.

 

Family Cap will be applied to a child born after or during a period of ineligibility but within ten (10) months of the reapplication month when:

 

        A woman becomes pregnant while receiving Families First; AND

 

        The AU was closed prior to the childís birth; AND

 

        The child was born more than 10 months after the previous application month; AND

 

        The reason for closure was non-cooperation with Departmental policies and rules which include:

 

-       Failure to cooperate with Child Support without good cause.

-       Failure to fulfill Personal Responsibility Plan provisions and requirements.

 

Example: The AU applies for Families First on 7/1/99.The AU is approved and the woman becomes pregnant in 9/99.The Families First AU is closed effective 5/1/00 due to failure to comply with a work activity without good cause.The child is born on 6/3/00.The client reapplies on 7/3/00 and is approved.The Family Cap is applied to the newborn because:

 

        The woman became pregnant while receiving Families First.

 

        The case was closed prior to the birth.

 

        The child was born more than 10 months after the previous application month.

 

        The AU was closed because of failure to comply with a work activity without good cause.

 

Glossary

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