(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 Florida Statutes § 414.115(2), 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 policy.
    (3) Incapacity, 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.
Rulemaking Authority 414.45 FS. Law Implemented Florida Statutes § 414.115. History-New 4-13-98, Amended 4-27-99, 3-9-03.