Ariz. Admin. Code § 6-12-308

Current through Register Vol. 30, No. 50, December 13, 2024

Section R6-12-308 - Family Benefit Cap

A. The Department shall not provide CA to a child except as provided in subsection (C), born during a month when:

1. The parent or non-parent caretaker relative is receiving CA or supportive services, or

2. The child is born to a parent who is ineligible for CA benefits due to noncompliance or failure to meet an eligibility requirement.

B. A child born during any period of time specified in subsection (A) is ineligible for CA for a 60-consecutive-calendar-month period.

C. An assistance unit may receive CA benefits for a child that would otherwise be excluded under subsection (A) if:

1. The child is born within 10 calendar months of an initial CA eligibility determination;

2. The parent has not received CA or supportive services for a minimum of 12 consecutive months, and the child is born:

a. No earlier than the 22nd month after the parent left CA, and

b. No later than the end of the 10th month after the parent returns to CA;

3. The child is the firstborn of a dependent child who is included in a CA or supportive services assistance unit; or

4. The child is born as a result of an act of sexual assault or incest and the applicant or recipient meets the following requirements:

a. The applicant or recipient shall file a written statement with the Department to certify that a child was conceived as a result of sexual assault or incest and shall provide supporting verification.

b. Acceptable verification includes:

i. Medical or law enforcement records in cases of sexual assault or incest, or

ii. Birth certificate or Bureau of Vital Statistics Records in cases of incest.

c. The Department shall accept the written statement of the applicant or recipient as verification of sexual assault or incest when the applicant or recipient is unable to provide evidence to support the claim of sexual assault or incest.

d. The FAA shall report allegations of sexual assault or incest to the Office of Special Investigations and, if the parent is a minor, to Child Protective Services. The Department shall not disclose the name, address, and any information concerning the sexual assault or incest to any person except those persons who require the information to investigate the allegations.

D. An assistance unit or family that includes a child who is ineligible due to the provisions of this Section may earn income up to the incremental benefit increase the assistance unit would otherwise receive for the ineligible child without any adverse affect on the amount of countable income that is used to determine income eligibility or the cash benefit amount. The Department shall disregard such income.

1. The disregard shall equal the difference between the benefit amount with the needs of the ineligible child included in the benefit computation and the benefit amount with the needs of the ineligible child excluded from the benefit computation.

2. The Department shall apply the disregard after all other earned income disregards specified at R6-12-703 are first deducted.

E. The Department shall not include a child who is ineligible for CA due to the provisions of this Section in the assistance unit's standard of need and shall not count the income and resources of the ineligible child available to the assistance unit.

F. A child who is ineligible for CA due solely to the provisions of this Section may receive the following services, if otherwise eligible:

1. AHCCCS,

2. JOBS,

3. Child care, and

4. Any other program or service for which CA recipients categorically qualify.

G. A parent or NPCR may receive CA for himself or herself when the only dependent child in the home is ineligible for assistance due to the provisions of this Section.

Ariz. Admin. Code § R6-12-308

Adopted effective November 9, 1995 (Supp. 95-4). Amended effective July 31, 1997, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 97-3). Amended by exempt rulemaking at 16 A.A.R. 1141, effective July 1, 2010 (Supp. 10-2).

The following Section was amended under an exemption from the provisions of A.R.S. Title 41, Chapter 6, pursuant to Laws 1997, Ch. 300, § 74 (A). Exemption from A.R.S. Title 41, Chapter 6 means the Department did not submit notice of proposed rulemaking to the Secretary of State for publication in the Arizona Administrative Register; the Department did not submit these rules to the Governor's Regulatory Review Council for review and approval; and the Department was not required to hold public hearings on this Section.