Section 470IAC10.3-9-2. Family benefit cap

   (a) No additional TANF assistance shall be issued due to the birth of a child when the birth occurs more than ten (10) calendar months after the date of authorization for TANF assistance, except as specified in this section.

  (b) The benefit cap shall not apply:

(1) when the additional child was conceived as a result of incest or rape that:

(A) would be considered a crime under state law or conduct that is a crime under IC 35-42-4-3; and

(B) is verified by physician statement or police records;

(2) to children who are the firstborn (including all children in the case of a multiple birth) of minors included in a TANF assistance group who become first-time minor parents; or

(3) to a child who:

(A) does not reside with his or her parent;

(B) was conceived in a month the family was not receiving TANF assistance; or

(C) has a substantial physical or mental disability.

  (c) The additional child and any mandatory members shall be:

(1) included in the need standard for purposes of determining TANF assistance eligibility; and

(2) considered TANF assistance recipients and eligible for Medicaid.

In determining the TANF assistance payment for a family, the needs and income of the additional child and any additional individuals who were not in the assistance unit at the time of the additional child's birth and would not have been included in the assistance unit at the time of the child's birth had the child not been born will not be considered. (Division of Family Resources; 470 IAC 10.3-9-2; filed Oct 31, 2007, 9:57 a.m.: 20071128-IR-470070087FRA; readopted filed Aug 23, 2013, 3:36 p.m.: 20130918-IR-470130306RFA)