Contradictions in Texas Government Programs. Why am I not eligible for TANF benefits since my child is unborn?

Question Details: I think this is incredibly insane. We are not considered a family until my child is born. Therefore excluding us from TANF benefits. However, if I were murdered today both my child and I would be considered murder victims. Another point I have an issue with is that after a pregnancy is viable why would my unborn child not be allowed to receive TANF benefits etc. In the case of wrongful death suits you can also receive payments etc. Why would this not apply to government programs?

Asked 9/22/2009 under Wrongful Death - Accidental Death | 283 View(s) | More Legal Topics

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Wrongful Death - Accidental Death Law Answers

Jason E. Kipness / Kipness Law Firm Answered 2 years ago | Contributor with 0 answers This attorney is licensed in Texas

I do not believe the services of an attorney can help with your situation. 

Find out if there are available appeals re: TANF benefit denials.  

You may also want to contact your state representative and state senator for help or advice.

The term "family" has different definitions depending on the legal situation.  "Family" in a personal injury wrongful death lawsuit may have a different meaning then the definition of "family" when one is applying for government benefits such as TANF.

For free information on Texas personal injury and wrongful death topics, please visit my website at www.kiplawfirm.com

Good luck.

Jason

Government programs like this have to have defined eligibility rules.  Those rules draw lines, between those who get the benefits and those who don't.  And as a matter of constitutional law, the lines don't have to be perfectly drawn, they just have to have a reasonable connection to a valid legislative purpose.

Should you have the right to TANF benefits as soon as you're pregnant?  If so, should they be retroactive to conception?  Or should you only get benefits when your unborn child is a viable fetus?  And if so, how do you prove that?  And so on.  The fact that simply using the child's birth as the starting point is much easier to administer is a good enough reason for the courts to allow the government to define the program this way.

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