Benefit Cap Factors of Eligibility 400-19-45-90-10

(Revised 6/1/10 ML #3218)

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A child born on or after July 1, 1998, to a household member who was a recipient of TANF during the month of probable conception is identified as a Benefit Cap child. The month of probable conception will be determined by counting back 9 months from the birth month (do not include the birth month of the child when counting back 9 months)

Note: A doctor’s statement verifying the month of conception cannot be used to determine whether or not a child is a Benefit Cap child with the exception of premature birth.  

 

In cases in which the probable conception is disputed due to a premature birth, the client will be responsible for obtaining a medical verification (i.e., physician’s statement) of the month of conception. In the case of a premature birth, State TANF policy must be contacted in order to ensure correct processing.

 

In order for the Benefit Cap provision to apply, the mother or father with whom the Benefit Cap child resides must have received a TANF benefit or deemed eligible for a TANF benefit in North Dakota during the probable month of conception. The Benefit Cap provision applies to both parents. In cases where the Benefit Cap child changes residence from one parent to the other parent, the Benefit Cap provision will apply if the other parent received a TANF benefit during the month of conception.

NOTE: Deemed eligible means the parent would have been eligible for a benefit had they not been sanctioned, disqualified or eligible for a $0.00 benefit in the probable month of conception.

 

There is no TANF eligibility when the only parent in the household is an SSI recipient and the only child is a Benefit Cap child.

 

A Benefit Cap child is no longer consider a Benefit Cap child if the case in which the child is a Benefit Cap child closes and remains closed for 12 continuous months. The 12 continuous month period is calculated based on months benefits were issued to the household or the household was otherwise deemed eligible.  

 

The Benefit Cap provisions will remain in effect when:

  1. The adult parent received a TANF benefit during the month of conception but the case is closed before the birth of the Benefit Cap child and the case is reopened within 12 months of the case closure.

  2. The adult parent received a TANF benefit during the month of conception but the case is closed after the birth of the Benefit Cap child and the case reopens within 12 months.

  3. The only parent in the household is an SSI recipient but was a TANF recipient during the probable month of conception.

  4. The conception occurred while the adult parent received a TANF benefit in North Dakota and the family moved out of state either before or after the birth of the child. The Benefit Cap provisions will apply at the time the family reapplies for assistance in North Dakota if the case has not been closed for 12 continuous months.  

  5. The Benefit Cap child moves to live outside the household into which the child was born. The Benefit Cap provisions still apply upon the child’s return if that case has not been closed for a continuous 12 month period during the Benefit Cap child’s absence.

  6. If a household reapplies for TANF in the 12th month following case closure, the automated computer system recognizes the household is reapplying within 12 months of case closure and the child remains a Benefit Cap child.  

Note: The automated computer system is not able to recognize the child as a Benefit Cap child when eligibility for the 2nd prospective month is processed prior to benefits being issued for the 1st prospective month. Therefore, in these cases, it is imperative to delay processing of the 2nd prospective month until after the 1st prospective month’s benefits are issued (issuance indicator is set to ‘P’ on the TANF Benefit History Window).

 

The Benefit Cap Provisions do not apply when:

  1. The pregnancy is determined to be the result of rape or incest;

  2. A case into which the Benefit Cap child was born has been closed for 12 or more continuous months;

  3. Conception occurred while an adult parent was in receipt of TANF benefits in another state, then moved to North Dakota and applies for TANF.

  4. The child is living in the home of a non-legally responsible relative.

  5. The probable month of conception occurred when a parent was under the age of 18 or during the month in which they turned 18.

Note: While the Benefit Cap provision applies to both parents, its effect is based on whether the parent with whom the child resides was an adult or a minor in the probable month of conception.

 

  1. A child is conceived and born into a TANF household in which no adult received a TANF benefit for reasons other than sanction or disqualification.

Example #1: Both parents were SSI recipients in the month of probable conception.  Since no adult received a benefit, the Benefit Cap provision does not apply.

 

Example #2: The only parent in the household is an SSI recipient and was an SSI recipient during the month of probable conception.  The Benefit Cap provision does not apply.

 

Example #3: One parent is an SSI recipient and the other is receiving TANF.  The Benefit Cap provision applies as long as the parent receiving benefits remains in the household.