Benefit Cap 400-19-45-90

 

Overview 400-19-45-90-05

(Revised 6/1/10 ML #3218)

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(N.D.A.C. 75-02-01.2-30.1)

 

North Dakota HB 1226 included a provision which, effective July 1, 1998, no longer allowed an increase in the TANF benefit to recognize the increase in household size when a child is born to a household member who was a recipient of TANF during the month of the child's probable conception. An exception to this provision is in cases of pregnancy resulting from rape or incest.  Continuous TANF eligibility is not needed for the Benefit Cap provisions to apply.   

 

Prior to October 1, 2008, Diversion was considered a TANF benefit and a child conceived in a month in which the household received Diversion was determined to be a Benefit Cap child. Effective October 1, 2008, Diversion policy changed and Diversion is no longer considered TANF benefits.

 

Effective with the Benefit Month of February 2010, a child who was conceived on or after October 1, 2008 in a month the household received Diversion is no longer considered a Benefit Cap child.