In determining the payment amount under sub. (11), a child born into a family more than 10 months after the date that the family was first determined to be eligible for assistance under this section shall not be considered in determining family size unless at least one of the following conditions is met: 1.
(1)#
The family did not receive benefits under this section for a period of at least 6 months, other than as a result of sanctions, and the child was born during that period or not more than 10 months after the family resumed receiving benefits under this section after that period.
(2)#
The child was conceived as a result of a sexual assault in violation of s. 940.225 (1), (2) or (3) in which the mother did not indicate a freely given agreement to have sexual intercourse or of incest in violation of s. 944.06 or 948.06 and that incest or sexual assault has been reported to a physician and to law enforcement authorities.
(3)#
The child’s mother is a dependent child at the time of the child’s birth and the child is born as a result of the mother’s first pregnancy that resulted in a live birth.
(4)#
The child does not reside with his or her biological mother or father.
(5)#
The family or child meets the criteria for an exemption from the application of this paragraph under a rule promulgated by the department.