(a) The HCB stipend is payable for the first month following receipt of all necessary documents to prove eligibility under §700.892 of this title (relating to What documents must an adoptive parent submit to DFPS to establish initial eligibility for the HCB stipend?). Retroactive benefits are not available for the initial eligibility determination.

(b) Continuing eligibility for the monthly HCB stipend must be recertified every 12 months after the initial HCB stipend payment is issued. In order to recertify the child, the parent must provide by the annual recertification date:

(1) Proof of current income as required in subsection (a)(2) of §700.892 of this title; and

(2) Proof that the adoptive parent maintained health care coverage for the child, as required in subsection (a)(4)(A) of §700.892 of this title.

(c) Notwithstanding any provision of this section, if DFPS determines that changes in the parent's circumstances may have rendered the family ineligible for the HCB stipend, including the termination of a child's health care coverage, DFPS may require proof of continued eligibility prior to the recertification required in subsection (b) of this section. The adoptive parent must submit the proof required within 30 days of DFPS's request.

(d) Failure to submit documentation for initial eligibility as required by §700.892 of this title, or for continuing eligibility as required by this section, will result in termination of payments.

(e) Benefits that have been terminated may be restored upon receipt of the required documentation. Restored benefits may be retroactive for a maximum of 60 days.

(f) Any sums paid to a parent for which the parent was ineligible must be repaid to DFPS.

Source Note: The provisions of this §700.893 adopted to be effective March 1, 2008, 33 TexReg 1358