1375 - REQUIREMENT The family cap policy limits the amount of cash assistance certain assistance units (AUs) can receive when an additional child is born to an AU member. The maximum amount of assistance an AU who is subject to the family cap policy can receive is limited to the family maximum excluding the needs of the additional child. The family cap policy applies to an AU when both of the following criteria are met: at the time of the additional child s birth, the parent had received cash assistance for, or was included in the AU with, a natural or adoptive child for the number of months specified below, AND the parent was receiving cash assistance for, or was included in the AU with, a natural or adoptive child in the month the additional child was conceived. Receipt of Cash Assistance in Specified Months In Georgia the criterion regarding the number of months of receipt of cash assistance at the time of the child s birth changed effective May 1, 1997. An AU is subject to the family cap policy if the parent, at the time of the additional child s birth, received cash assistance in Georgia for any 24 months from January 1994, through April 1997. For an AU that did not receive cash assistance for 24 months during this time-period, the family cap policy applies if the parent, at the time of the additional child s birth, received cash assistance in Georgia for any 10 months beginning May 1997. Month of Conception It must be determined if the parent of the additional child was receiving cash assistance in Georgia and was included in the AU with a natural or adoptive child in the month the child was conceived. VOLUME I - TANF MT 23 01/11 PAGE 1375-1
Month of Conception An AU is subject to the family cap policy if the additional child is born to any of the following: the caretaker, an AU member other than the caretaker, an individual who was receiving cash assistance only for him/herself because the only child was receiving SSI in any of the specified months and/or in the month the additional child was conceived, an individual who was not included in the AU in any of the specified months or in the month the additional child was conceived because s/he was ineligible, penalized, disqualified or was an SSI recipient. The following chart is used in determining the month of conception. Chart 1375.1 Determining Receipt of Cash Assistance in the Month of Conception IF the parent received cash assistance or was included in an AU in the 8 th, 9 th, and 10 th month prior to the month the additional child was born the parent rebuts that conception occurred in the 8 th, 9 th, or 10 th month and provides a written statement from a medical source that substantiates conception occurred in another month The parent did not receive cash assistance or was not included in an AU in the 8 th, 9 th, and 10 th months prior to the month the additional child was born THEN s/he is considered to have received cash assistance in the month of conception, unless rebutted. that month is considered the month of conception. Receipt of cash assistance in that month is determined. s/he is not considered to have received cash assistance in the month of conception. VOLUME I - TANF MT 23 01/11 PAGE 1375-2
Receipt of Cash Assistance The following months count in determining the number of months of receipt of cash assistance at the time of the additional child s birth and receipt of cash assistance in the month of conception: a month for which the AU correctly received cash assistance, regardless of the correctness of the amount, a month for which all the cash assistance is recouped for payment of an outstanding claim. The following months do not count in determining the number of months of receipt of cash assistance at the time of the additional child s birth and receipt of cash assistance in the month of conception: a month for which cash assistance is not issued because the benefit amount prorates to $0, a month for which cash assistance is issued but which is later determined to be a month of total overpayment, a month for which cash assistance is diverted to an employer under the subsidized employment program, a month for which cash assistance is not issued because the amount is less than $10.00, a month for which the entire amount of the cash assistance is returned, a month for which an AU does not access cash assistance and the entire month s benefits are purged, a month for which only support services are received. Cash assistance includes assistance received prior to January 1, 1997, under the AFDC program and cash assistance received on or after January 1, 1997, under the TANF program. VOLUME I - TANF MT 23 01/11 PAGE 1375-3
Non-applicability of Family Cap Policy The family cap policy does not apply if either of the following occurs: the child was conceived as the result of verifiable rape or incest, the child is living in the home of a relative other than a parent. The additional child is a member of the standard filing unit and is a fully eligible member of the AU if s/he meets all eligibility requirements. All eligibility requirements apply to the additional child. In determining financial eligibility for an AU to which the family cap policy has been applied, the additional child is included as an AU member in determining AU size for the gross income ceiling and standard of need. The additional child is not included as an AU member when determining the family maximum. Providing Information The AU must be provided with information on the family cap policy and its potential impact. Form 786, Notice of Family Cap Rule, provides this information and must be given to the parents and care takers, who wish to be included in the AU, at application. AUs in which the payee is not a parent or a caretaker, Form 786 is not required. An explanation of the family cap policy must also be provided to all parents (biological and adoptive) and caretakers who are included in the AU at each complete review. A signed Form 786 is not required A signed Form 786 is required when the AU member reports the birth of a baby. The AU must also be provided with information on the availability of family planning services and parenting skills instruction. Each county department is required to maintain a list of local resources providing parenting skills instruction and to make this list available to the AU upon request. VOLUME I - TANF MT 23 01/11 PAGE 1375-4
PROCEDURES Informing the AU of Family Cap Policy Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Follow the steps below to inform the AU of the family cap policy and the availability of family planning services and parenting skills instruction. Explain the family cap policy to all applicants excluding clients: who are applying for children who are not their biological or adoptive children, and who do not wish to be included in the AU. Review with all applicants the Form 786, Notice of Family Cap Rule excluding the clients: who are receiving for children who are not their biological or adoptive children, and who are not included in the AU. Discuss the availability of the family planning services and parenting skills instruction with all parents and care takers at application and review. Provide Form 785, Family Planning Services Referral, upon request. Document whether a family planning referral form was provided to the AU. Provide the AU with the list of local resources providing parenting skills instruction if requested. Document that required information was provided to the AU. VOLUME I - TANF MT 23 01/11 PAGE 1375-5
PROCEDURES Adding a Child Step 1 Step 2 Follow the steps below to add a child to the AU when the AU is subject to the family cap. Determine if the child is otherwise eligible to be included. Determine if the parent of the child had received cash assistance in Georgia for or was included in an AU with, a natural or adoptive child for 10 months (or 24 months, if appropriate) at the time of the child s birth. If not, add the child to the AU without applying the family cap policy. If yes, proceed to Step 3. Step 3 Determine if the parent was receiving cash assistance for, or was included in the AU with, a natural or adoptive child in the month the child was conceived. If not, add the child to the AU without applying the family cap policy. If yes, proceed to Step 4 to apply the family cap policy. Step 4 Include the additional child in the GIC and the SON to determine financial eligibility and the deficit. Do not include the child in the family maximum when determining the AU s benefit amount. Refer to Section 1660, Budgeting When the Family Cap Policy is Imposed. VOLUME I - TANF MT 23 01/11 PAGE 1375-6