(1) Family Cap. The
first child born to a recipient of temporary cash assistance more than ten
months from the date of application will be added to the temporary cash
assistance group at one-half the incremental increase for an additional person.
In the case of multiple births, each child will be added at one-half the
incremental increase. Second or subsequent children subject to this policy and
born to a temporary cash assistance recipient will not increase the benefit
amount. These subsequent children are considered ineligible for temporary cash
assistance. The income and assets of the second and subsequent child(ren) will
be considered in the budget calculation, except for child support income. A
child subject to the family cap will be considered temporary cash assistance
eligible for all other purposes, including Medicaid and categorical eligibility
for food assistance. Once imposed, the cap continues to apply to a child unless
an exception provided for by Section 414.115(2), F.S., is met.
(2) Assistance Breaks/Family Cap Count. A
child born to an applicant or a recipient of temporary cash assistance is
subject to family cap policy if the parent was a recipient of temporary cash
assistance in any month more than ten months prior to the birth month and there
has not been a break in assistance of six or more continuous months from the
month the client last received assistance and the month of application. SSI
mothers and those who receive cash assistance from another state are not
considered temporary cash assistance recipients for purposes of this
Institutionalization or Incarceration. Once the incapacity,
institutionalization or incarceration of the birth parent ceases to exist, the
child will again be subject to the family cap.
Fla. Admin. Code Ann. R.
414.45 FS. Law
New 4-13-98, Amended