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(Revised 3/03 ML #2830)
Any households, that includes a child born after June 30, 1998, may be subject to a benefit cap. The month of probable conception will be determined by looking back nine (9) months from the birth date of any child born after June 30, 1998, or a doctor’s statement for month of conception. Cases in which a parent was an adult (the month after the month in which they had their 18th birthday) during the probable month of conception and that adult was receiving a TANF benefit, or would have been eligible for a TANF benefit if not for sanction or disqualification, the benefit will not be increased because of that child being added to the household. The benefit cap rule applies to only children born to adults receiving a TANF benefit in North Dakota during the probable month of conception. The rules apply to both parents.
The benefit cap will not apply in cases in which a parent was under the age of 18 or during the month in which they turned 18 in the probable month of conception. In cases in which one parent was an adult in the month of conception and the other was a minor, the benefit cap may or may not apply based on which parent the child is living with.
In cases in which the probable conception is disputed, the client will be responsible for obtaining a medical verification (i.e., physician’s statement) of the month of conception.
The benefit cap will not apply when the pregnancy is determined to be the result of rape or incest.
A child subject to the benefit cap provision will not be referred to the Child Support Enforcement Agency under the TANF Program as of January 1, 2002. Child support received on behalf of a benefit cap child will not be assigned. The child support will be sent to the payee of the court order, usually the TANF recipient. Any child support received by the TANF recipient on behalf of a child subject to the benefit cap should not be turned over to Child Support enforcement and is to be considered unearned income.
The benefit cap child is added as an eligible member to the household. However, the standard of need will include only those eligible household members not subject to the benefit cap. The benefit cap child will have an "IN" participation code and be treated as such for all other program participation. When a child is identified as a benefit cap child, the system automatically deletes the needs of that child.
Continuous participation is not needed for the benefit cap to apply. In closed cases, the benefit cap will remain in effect if the case reopens within 12 months of the most recent closing date. In cases in which the adult parent received a TANF benefit during the month of conception but the case is closed before the birth of the child, the benefit cap will apply if the case is reopened within 12 months of the case closure. In either of these examples, the benefit cap will no longer apply when the case has been closed for 12 or more continuous months.
In order for the benefit cap to apply, the mother or father with whom the benefit cap child lives, had to receive a TANF benefit in North Dakota during the probable month of conception. The client will be deemed to be eligible for a benefit or would have been eligible if not for sanction or disqualification if their participation in the TANF household is in, out-of-home, disqualified individual, disqualified felon, disqualified drug, disqualified alien, etc., in the probable month of conception
In cases in which conception occurred in North Dakota but the family moved out of state either before or after the birth of the child, the benefit cap may still apply at the time the family reapplies for assistance in North Dakota. In cases in which the family’s case closed because they moved out of state but then reapply in North Dakota later, the benefit cap will be in effect if they make the reapplication within 12 months of case closure in North Dakota. In cases where the reapplication is more than 12 continuous months after case closure, the benefit cap will no longer apply.
The benefit cap does not apply in cases in which conception occurred while an adult parent was in receipt of TANF benefits in another state, then moved to North Dakota and applies for TANF.
In cases in which the benefit cap child lives outside the household that he or she was born into for any period of time, the benefit cap will still apply upon their return if that case has been open continuously regardless of the length of the benefit cap child’s absence. In cases in which the household into which the benefit cap child was born has been closed for 12 continuous months, the benefit cap will no longer apply should the case reopen with the benefit cap child as part of the household.
The benefit cap will not apply in any situations in which a child is conceived and born into a unit in which no adult receives a TANF benefit other than because of sanction or disqualification. Example -- both parents are SSI recipients, no adult received a benefit, the benefit cap does not apply. If one parent is a SSI recipient and the other parent is in the household and receiving a benefit, the benefit cap applies as long as the parent receiving benefits remains in the family. In cases where the only parent in the household is a SSI recipient and was a SSI recipient during the month of probable conception, the benefit cap does not apply. In cases where the only parent in the household is a SSI recipient but was a TANF recipient during the probable month of conception, the benefit cap will apply. In cases where the only child in the family is a benefit cap child and the only parent is a SSI recipient, the case will close.
The benefit cap is applied only when the benefit cap child resides in a household with his or her parent. Even though a child would be a benefit cap child if residing with his or her parent, the benefit cap does not apply while the child is living in the home of a non-legally responsible relative.
There may be cases in which the benefit cap child is the only child in a household. Eligibility is based on this dependent child, but the benefit paid would be equal to the benefit an adult with no eligible children would receive.
The benefit cap rules apply to both parents. In cases where the benefit cap child changes residence from one parent to the other parent, the benefit cap will apply if the other parent received a TANF benefit during the month of conception.
