FBCP Claim of Sexual Assault or Incest
(01/01/22 - 12/31/22)
A child born during a mother or father's Family Benefit Cap Period (FBCP) is exempt from the FBCP policy and may be eligible for CA when the child was conceived as a result of a sexual assault or due to incest.
NOTE The exemption for a child born as a result of sexual assault or incest does not apply to an adopted child.
The parent or nonparent caretaker relative (NPCR) must complete the Claim of Sexual Assault (FAA‑0260A) form indicating the child was born as a result of the assault or incest.
In addition to the participant's written statement on the FAA-0260A, when other documents are available that verify the claim, the participant must present them as verification. This includes, and is not limited to, the following:
Medical records
Law enforcement records
Birth certificate or Bureau of Vital Statistics Records
Other records that help verify the claim
NOTE When the participant is unable to provide evidence to support the claim of sexual assault or incest, accept the participant's written statement on the completed FAA-0260A.
Accept the FAA-0260A along with any documents provided. Forward the FAA-0260A and other documentation to the Office of Special Investigations (OSI) for potential investigation. Continue to process the case as no response is required from OSI.
OSI completes any action that they determine to be necessary.
When the child is determined eligible for CA, complete the following:
Key IN in the PT field on SEPA.
Key S (Sexual Assault) or I (Incest) in the WERE EXPT RSN AF field.
Place the Benefit Cap Grid: Determining the BC Child (FAA-1302A) form or the Electronic Benefit Cap Determination (FAA-1583A) unity form in the case file(g).
Place a copy of the completed FAA-0260A form in the case file.
Document the case file with all of the following:
The receipt of the completed FAA-0206A form
That any verification provided and the completed FAA-0206A form was forwarded to OSI
The name and date of birth of the child
The S or I WERE Exempt Reason Code that was used