Department of Human Services

Families First Online Policy Manual

Family Cap

Revised:

36.1

POLICY STATEMENT

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A Family Cap prohibits an increase in the cash payments when a newborn is added to the assistance unit.  It is applied when:

 

·        The AU has applied for Families First and the birth occurs more than ten (10) calendar months after the application month.

 

·        The AU has applied, has stopped receiving assistance, has subsequently reapplied, been determined eligible and the birth occurs more than ten (10) calendar months after the reapplication month.

 

Exception:  The Family Cap may also be applied to a child born after or during a period of ineligibility but within 10 months of the reapplication.  The criteria for application of this policy are discussed later in this chapter.

 

When the Family Cap is applied to a newborn, the AU’s cash payment will not exceed the maximum assistance payment for the AU without the new child.  For example, if the AU consists of a mother, her son and a Family Cap child, the cash payment will not exceed the maximum payment amount for a two-person AU.  The Family Cap will not affect other increases in benefits, as long as the increase does not exceed the maximum assistance payment for the AU without the newborn.

 

·        Though the Families First payment will not be increased, a Family Cap child is a member of the assistance unit in all other aspects.  Therefore, the Family Cap child:

 

-       Will be included in determining the GIS and the CNS amounts for the AU.

 

-       Is subject to child support, enumeration, immunizations, school attendance, and all other eligibility requirements.

 

·        Child care is provided for the Family Cap child if necessary for the participant to meet her work requirement.

 

·        The Family Cap policy applies to children born to a woman who:

 

-       Is a member of the assistance unit.

 

-       Would have been a mandatory AU member except for technical ineligibility, such as a SSI recipient or illegal alien.

 

-       Conceived during receipt of assistance.

 

·        Family Cap policy applies to both single parent and two-adult assistance units.

 

·        Family Cap still applies when the non-Family Cap children leave the home or age-out leaving only the Family Cap child and the EA caretaker.  The maximum grant would be the amount for the caretaker only.

 

·        Family Cap still applies when the parent is a NA caretaker, such as a SSI recipient, and the non-Family cap children leave the home or age out leaving only the Family Cap child and the caretaker.  The Families First grant would be $0, but the case would remain open.

 

Glossary

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