Page 52

201.12 TANF MANUAL 7/20

Page 7

201.12 FAMILY CAP PROVISION - Effective July 1, 2020, the family cap provision has been repealed. Note: Families receiving assistance on June 30, 2020, that include capped children, may choose to have the children remain in a capped status. New applications or reapplications received on or after July 1, 2020, will be processed without regard to the family cap provision.

Example 1: Ms. Brown’s youngest child is ineligible for TANF benefits due to his capped status. Ms. Brown opts to continue to apply the family cap provision to her youngest child. Effective July 1, 2020, the child will remain capped.

Example 2: Ms. Solo has two children ineligible for TANF due to the family cap provision. Ms. Solo opts to continue to apply the family cap provision to one child and opts to uncap the second child. Effective July 1, 2020, the capped child will remain ineligible and the uncapped child will become eligible if all categorical requirements or conditions of eligibility are met.

Example 3: Continuing with the previous example, Ms. Solo closes her case effective August 31st. Ms. Solo reapplies for herself and her children and is approved for TANF on November 16th. Upon approval of Ms. Solo’s reapplication, both children are determined to be eligible without regard to the family cap provision if all categorical requirements or conditions of eligibility are met.

Example 4: Ms. May’s son, Charles, who is ineligible for TANF due to the family cap provision, moves into the home of his father, Mr. June. Mr. June applies and is approved for TANF on or after July 1, 2020. Charles is no longer subject to the family cap provision and may be eligible for TANF if all categorical requirements or conditions of eligibility are met.

Example 5: Ms. Green’s case closed January 1, 2020. At case closure, Ms. Green’s youngest child was ineligible for TANF due to the family cap provision. Ms. Green reapplies and is approved for TANF for herself and her three children on October 19, 2020. The family cap provision will no longer apply to Ms. Green’s youngest child, and he will be eligible if all categorical requirements or conditions of eligibility are met.

Note: The following guidelines apply to children determined to be capped prior to July 1, 2020.

A. Child Support for the Child Subject to the Family Cap Provision - DCSE shall send the total value of child support collected for the child subject to the family cap provision to the child's single custodial parent. This child support shall be disregarded as income and resources for the purpose of TANF eligibility and payment determination.

Any information entered on the Absence Information Details screens in VaCMS as part of the application process for the cap child WILL NOT be transmitted to DCSE. The applicant must complete an application for services at the local DCSE office if the applicant wishes to receive child support for a capped child.

TANF Transmittal 68