[29 Pa.B. 271]
[Continued from previous Web Page]
ELIGIBILITY REQUIREMENTS § 3040.31. General requirements regarding family eligibility.
For a child to receive subsidized child care, the family shall:
(1) Reside in this Commonwealth. The parent/caretaker shall apply in his county of residence. In counties where there is more than one eligibility agent for the county, the parent/caretaker shall apply to the eligibility agent that is responsible for the geographic area which includes the zip code of the family's residence.
(2) Be financially eligible as required by § 3040.32 or § 3040.33 (relating to financial eligibility; and self-employment).
(3) Be nonfinancially eligible as required by § 3040.34 (relating to nonfinancial eligibility).
§ 3040.31a. (Reserved).
§ 3040.32. Financial eligibility.
(a) The parent/caretaker shall provide paystubs indicating gross earned income for any 4 consecutive weeks within the most recent 6-week period for employed family members.
(b) Family members unable to provide paystubs because of exceptional employment circumstances shall provide documentation of earned income as follows:
(1) If paystubs are not available at the time of application because the employed family member has not been employed for 4 weeks, written documentation of anticipated gross earned income from the employer is sufficient evidence of earnings. The documentation is satisfactory until, but not after, the family member is employed for 8 consecutive weeks, at which time the family member shall present the paystubs.
(2) If income is received in cash, written employer documentation of gross earned income for 4 consecutive weeks within the most recent 6-week period is sufficient documentation.
(c) The eligibility agent shall require, and the parent/caretaker shall provide, documentation of all unearned family income unless specifically excluded in Appendix A, Part III (relating to income exclusions). See Appendix A, Part I (relating to income inclusions) which lists the unearned income included when computing the adjusted monthly income.
(d) The parent/caretaker shall seek all available income listed in Appendix A, Part I, except cash assistance.
(e) The parent/caretaker shall document all income deductions listed in Appendix A, Part II (relating to income deductions).
(f) The family is ineligible for child care subsidy if the annual family income exceeds the Department's maximum gross income limit of 185% of FPIG with the exception of those families listed in § 3040.27 (relating to grandfathering provisions).
§ 3040.33. Self-employment.
(a) To be considered self-employed, the family member alone shall assume the responsibility for deductions related to withholding taxes, income taxes and Social Security payments. If another person or entity has that responsibility, the family member is not considered self-employed.
(b) Acceptable documentation of income from self-employment is as follows:
(1) Acceptable documentation of income from self-employment is a copy of the family member's Federal Income Tax return (including all schedules related to self-employment) filed for the preceding Federal tax year and which documents profit for that year. The family member's profit from Schedule C, or any other forms or schedules related to self-employment income, is used as income for purposes of determining eligibility for subsidized child care.
(2) If the family member cannot provide a Federal Income Tax return which documents profit from self-employment, a notarized statement of gross earnings, minus allowable cost of doing business which shows a profit equal to or more than minimum wage, for the preceding Federal tax quarter is acceptable and is valid until the next Federal tax return is filed. At that filing of the Federal tax return, a redetermination of eligibility shall be completed.
(3) An annual Federal Income Tax return shall be used as income documentation when the family member has been self-employed for more than 1 year in the same business, and is valid only until the next Federal Income Tax return is filed.
§ 3040.34. Nonfinancial eligibility.
(a) A family shall meet the following nonfinancial eligibility conditions at each determination and redetermination of eligibility:
(1) The child shall need child care which coincides with the hours of the adult family members' employment or minor parents' education program.
(2) Each adult family member shall work for wages equal to or more than minimum wage. When calculating minimum wage, tips are included with hourly wages. The following groups of employes are exempt from the minimum wage requirement:
(i) Laborers on a farm.
(ii) Individuals granted a subminimum wage exception by the Department of Labor and Industry.
(3) Each adult family member shall have had at least 4 weeks of employment within the most recent 6-week period and shall work the number of hours required as follows. The eligibility agent may average the hours of employment in the 4-week period.
(i) Until July 31, 1999, the adult family members shall work at least 20 hours per week.
(ii) Beginning August 1, 1999, the adult family members shall work at least 25 hours per week.
(iii) A parent/caretaker who transfers to the subsidized child care program from the TANF program shall be employed. The parent/caretaker has 6 months from the date his TANF benefits end to meet the requirements in subparagraphs (i) and (ii), whichever is applicable.
(4) A minor parent who has not graduated from high school or does not have a GED shall be enrolled in an education program and attend on a full-time basis. Documentation shall be on a form prescribed by the Department.
(5) The child shall need subsidized child care to permit uninterrupted sleep time necessary for the parent/caretaker to continue employment. The parent/caretaker shall document that the work shift ends between the hours of 2 a.m. and 9 a.m.
(6) A minor parent who has graduated from high school or who has a GED shall meet the same employment and earning requirements as an adult family member.
(7) A parent/caretaker shall certify that each child receiving subsidized child care has received age-appropriate immunizations or that each child is exempt from the immunization requirement based on the exceptions in § 3040.11(f) (relating to provision of subsidy). If the child does not have age-appropriate immunizations and is not exempt from immunization, the parent/caretaker has 90 days to obtain immunizations for the child and certify that the child has age-appropriate immunizations.
(b) A parent/caretaker shall provide the following documentation of nonfinancial eligibility for family members at the initial determination of eligibility:
(1) Proof that all family members are citizens of the United States, or aliens lawfully admitted for permanent residence or otherwise permanently residing in the United States under color of law. Proof may include a birth certificate, voter's registration card or a document provided by the immigration and naturalization service.
(2) A Social Security number, or evidence of application for a Social Security number, for each family member.
(3) Written approval by the county children and youth agency who has responsibility for the foster child that the foster child may receive subsidized child care.
(4) Proof of employment for all employed family members, which shall be submitted on a form prescribed by the Department.
(5) Proof of self-employment may include a notarized statement of self-employment, or a statement signed by the self-employed family member in the presence of the eligibility agent, for all self-employed family members. The statement shall list the hours and days of self-employment and how often income is received.
(6) Consent for release of information, signed by each family member 18 years of age or older, which permits the eligibility agent and the Department or the Office of the Inspector General to obtain verification of eligibility information provided by the parent/caretaker.
(7) Proof that action has been taken to establish paternity and a child support order against any absent parent on behalf of a child for whom subsidized child care is sought, unless there is good cause for failing to do so as set forth in § 187.23 (relating to requirements). Proof of cooperation may include a court order or documentation from the domestic relations office. For the purpose of determining eligibility for subsidized child care under this chapter, the eligibility agent shall complete the responsibilities of the CAO as described in § 187.23. The requirements for applicants and recipients of cash, under § 187.23, apply to applicants and recipients of subsidized child care.
(c) A parent/caretaker shall provide identification which contains a photograph of himself to the eligibility agent at any face-to-face interview. Acceptable documents include:
(1) An employer identification card.
(2) A driver's license.
(3) A military photoidentification card.
(4) A passport.
(5) Other verifiable photoidentification.
§ 3040.34a. (Reserved).
§ 3040.35. Reporting changes.
The parent/caretaker shall report financial or nonfinancial changes in the family to the eligibility agent within 10-calendar days following the date of the change. The parent/caretaker shall report all changes including the following:
(1) Employment or self-employment status, including changes in the amount of pay or days and hours worked.
(2) Training status.
(3) Family income.
(4) Continuation or completion of an education program.
(5) Marital status.
(6) Family composition.
(7) Maternity leave.
(8) Temporary disability status.
(9) Layoffs or strikes.
(10) Change of address.
(11) Custody arrangement or foster care placement under a court order.
§ 3040.36. Inability to be employed or continue participation in an education program.
(a) During a period of subsidized child care, a parent/caretaker, or spouse or live-in companion of the parent/caretaker, may become unable to continue employment, self-employment or education and be unable to care for the child, for whom subsidy is requested. The disability which causes the individual's inability to be employed, self-employed or in an education program and the inability to care for the child shall be documented with the eligibility agent as follows:
(1) A medical assessment form shall be completed by a licensed psychologist or a physician.
(2) The assessment shall describe the condition causing the inability to be employed, self-employed or in an education program.
(3) The assessment shall describe how the condition causing the inability to be employed, self-employed or in an education program prohibits the individual from providing care for the child.
(4) The assessment shall include the date the individual is expected to return to work or become able to care for the child.
(b) Subsidized child care may continue up to 6 months if the conditions stated in subsection (a) are met.
(c) A two-parent/caretaker family may be eligible for subsidized child care if one parent/caretaker is permanently disabled and the disability results in the parent's/caretaker's inability to be employed or self-employed and unable to provide child care while the parent/caretaker without a disability is working. The inability to be employed or self-employed, and provide child care shall be documented as stated in subsection (a).
(1) The parent/caretaker with a disability is receiving income from one of these sources:
(i) Social Security disability.
(ii) Supplemental Security Income (SSI).
(iii) Worker's Compensation.
(iv) One hundred percent of Veterans Disability.
(v) One hundred percent of any other type of work-related disability.
(2) If the parent/caretaker with a disability is not receiving income related to the disability, the parent/caretaker with a disability shall apply for disability benefits for which they may be eligible. The family shall be determined eligible for subsidized child care until a final decision is made regarding the eligibility of the parent/caretaker with a disability for disability benefits, or for no more than 2 years from the date of the onset of the disability, or application for subsidized child care, whichever occurs first.
§ 3040.37. Attendance requirements.
(a) The child is expected to attend day care at the provider on all days for which the parent/caretaker established a need for child care as described in § 3040.34 (relating to nonfinancial eligibility). The days are specified in writing at the time the child is enrolled in subsidized child care.
(b) A child whose absence exceeds 10 consecutive enrollment days shall be determined ineligible for child care subsidy. Exception: A child whose absence exceeds 10 consecutive enrollment days for the reasons in § 3040.52(d) (relating to eligibility agent responsibilities).
(c) The Department will not subsidize absences of more than 30 days of care in a fiscal year for an eligible child. The 30 days of care do not include absences incurred during time of subsidy suspensions listed in § 3040.52(d). The Department will consider waivers of the 30-day attendance requirements for a child with intermittent absences due to a chronic disease.
§ 3040.38. Prospective employment or a prospective education program for new applicants.
(a) A family in which an adult member has prospective employment or whose minor parent has prospective enrollment in an education program as defined in § 3040.3 (relating to definitions) may be eligible for subsidized child care if the following requirements are met:
(1) The employment or education program begins within 30-calendar days following the date of application.
(2) Written verification of prospective employment or a prospective education program is provided on a form as prescribed by the Department.
(b) Subsidy may not begin until the parent/caretaker or his spouse or live-in companion begins employment or an education program.
(c) Eight weeks following enrollment of a child whose family was determined eligible based on the parent's/caretaker's or his spouse's or live-in companion's prospective employment or enrollment in an education program, the parent/caretaker shall provide verification of employment or participation in the education program for that 8-week period. Verification shall be on a form prescribed by the Department.
(d) If the parent/caretaker will not receive a payment from employment for more than 30 days from the starting date of employment, eligibility is established based on the anticipated income as estimated by the employer. Until payment for employment is received, the family is assessed the minimum co-payment for a family of its size. When payment for employment is received, the parent/caretaker shall notify the eligibility agent. Upon receipt of the payment notice from the parent/caretaker, the eligibility agent shall:
(1) Complete a partial redetermination of eligibility within 10 days.
(2) Adjust the family co-payment, if applicable, within 20 days.
(e) A parent/caretaker who has exhausted all available TANF benefits and who has not yet obtained employment may have 30 consecutive calendar days of subsidized child care to seek employment. The parent/caretaker shall request subsidized child care within 90 days following the date that TANF benefits ended.
§ 3040.39. (Reserved).
§ 3040.40 Child care subsidy available to attend training.
(a) A family may qualify for subsidized child care for the hours the adult family member, or the minor parent who has graduated from high school or has a GED, is participating in a training program, if the following conditions are met:
(1) The adult family member or the minor parent meets the employment or education requirements in §§ 3040.32--3040.34 (relating to financial eligibility; self-employment; and nonfinancial eligibility).
(2) The training program is accredited by a State or National board of examiners or recognized by the Department.
(3) The training program provides skills that improve the employability of the individual for a particular job.
(b) A child may receive up to 12 additional hours of subsidized child care to coincide with the instructional hours that the adult family member, or minor parent who has graduated from high school or who has a GED, participates in a recognized training program.
ELIGIBILITY DETERMINATION PROCESS § 3040.51. General requirements in the eligibility determination process.
(a) An initial determination of eligibility must be completed before subsidy is authorized.
(b) A full redetermination of eligibility must be completed at least once every 6 months and prior to the expiration of the current period of eligibility.
(c) A redetermination is required when the family's circumstances change and eligibility or the amount of co-payment is affected. See § 3040.35 (relating to reporting changes). The eligibility agent shall conduct a partial redetermination for each reported change within 20-calendar days of notification of the change. The eligibility agent may conduct a full redetermination if the information obtained during the partial redetermination gives indication of a change in the family's eligibility.
(d) Subsidy is authorized beginning on the date that the need for child care is established for a child whose parent/caretaker received TANF benefits in the past 90 days and meets the following conditions:
(1) The parent/caretaker was employed on the day that TANF benefits ended.
(2) TANF benefits were discontinued for a reason other than a sanction for noncompliance with eligibility conditions.
(3) The parent/caretaker is currently employed and is financially eligible.
(e) Subsidy is authorized on the date following the date that TANF ends for a family who is transferred from TANF to subsidized child care through an automated transfer initiated by the CAO. The eligibility agent shall set a redetermination date 6 months from the date following the date TANF ends.
§ 3040.52. Eligibility agent responsibilities.
(a) Initial determination of eligibility.
(1) The eligibility agent shall provide the parent/caretaker with written instructions regarding documents which the parent/caretaker shall provide to establish eligibility for subsidized child care.
(2) The eligibility agent may require a face-to-face interview with the parent/caretaker or shall arrange to have necessary documents and information mailed by the parent/caretaker to the eligibility agent. When a face-to-face interview is conducted, the eligibility agent shall verify the identity of the parent/caretaker who has signed the application and shall note in the family file the type of photoidentification used to verify the parent's/caretaker's identity.
(3) If the eligibility interview is face-to-face, the eligibility agent shall require the parent/caretaker to sign and date an application provided by the Department, at the time of the interview.
(4) If the parent/caretaker mails or delivers the application without a face-to-face interview, the eligibility agent shall stamp the date of receipt on the signed, dated application.
(5) The eligibility agent shall make a determination of eligibility when the required financial and nonfinancial documentation is provided.
(6) The eligibility agent shall obtain verification of the family's TANF eligibility status from the local CAO. The eligibility agent shall explore the family's eligibility for retroactive child care payments if the transfer to subsidized child care does not take place the day following the date TANF benefits ended and the parent/caretaker documents incurred child care costs.
(7) The eligibility agent shall determine eligibility within 30-calendar days of the date the application, signed and dated by the parent/caretaker, is received by the eligibility agent. When information is needed to complete the eligibility determination, the date that the information is received by the eligibility agent is the first day of the family's eligibility for subsidized child care.
(8) The eligibility agent shall sign and date the completed application when the eligibility agent has determined eligibility.
(9) The eligibility agent shall notify the parent/caretaker of the family's eligibility status according to the Department's notification requirements in §§ 3040.71 and 3040.72 (relating to general requirements regarding notification; and content of a written notice of adverse action).
(10) The eligibility agent shall conduct a face-to-face interview prior to authorization of subsidized care for the first child in the family to receive subsidy. At the time of the interview, the eligibility agent shall inform the parent/caretaker of his rights and responsibilities, as detailed in §§ 3040.35 and 3040.53 (relating to reporting changes; and parent/caretaker rights and responsibilities). The parent/caretaker shall acknowledge, in writing, his understanding and receipt of the rights and responsibilities information.
(11) The eligibility agent shall provide this chapter to the parent/caretaker upon request.
(b) Subsequent redeterminations of eligibility.
(1) The eligibility agent shall set a redetermination due date which does not exceed 6 months following the most recent date that the family was determined eligible. During redetermination, the eligibility agent assesses the financial eligibility factors in § 3040.32 (relating to financial eligibility) and the nonfinancial eligibility factors in § 3040.34 (relating to nonfinancial eligibility).
(2) The eligibility agent shall schedule a redetermination, or partial redetermination, to occur in less than 6 months if one or more of the following conditions exist or come to the attention of the eligibility agent:
(i) The family's financial status fluctuates in a manner which affects eligibility or the co-payment.
(ii) The family's financial or nonfinancial status is expected to change in a manner which affects eligibility or co-payment.
(iii) A family member is disabled and the disability is anticipated to end prior to 6 months.
(iv) A family member's employment is seasonal or temporary.
(v) A parent's/caretaker's education program ends prior to 6 months.
(3) At each redetermination, the eligibility agent shall notify the parent/caretaker in writing of the documents and information required to complete a redetermination of the family's eligibility for subsidized child care. A copy of that notification will remain in the family file.
(4) The eligibility agent shall notify the parent/caretaker of the family's eligibility status according to the Department's notification requirements in § 3040.71.
(5) The eligibility agent shall verify the Social Security number for any family member who did not have a Social Security number at the time of application.
(6) The eligibility agent shall provide an application form, prescribed by the Department, to the parent/caretaker for completion at each redetermination. The parent/caretaker may mail or hand deliver the signed dated form to the eligibility agent.
(c) Continuing eligibility.
(1) The eligibility agent shall supply the parent/caretaker with a written statement regarding the parent's/caretaker's responsibility to report financial or nonfinancial changes to the eligibility agent as detailed in § 3040.35. The eligibility agent shall discuss with the parent/caretaker the specific changes which shall be reported and are listed in § 3040.35 and the method by which the parent/caretaker will report changes. The eligibility agent shall note in the family's file the method agreed on for reporting changes.
(2) The eligibility agent shall evaluate a financial or nonfinancial change reported by the parent/caretaker and make a redetermination as necessary within 20-calendar days from the date the parent/caretaker reports and documents a change.
(3) If, during a period of eligibility, a parent/caretaker reports a change in the factors affecting financial or nonfinancial eligibility which does not cause a change in the co-payment or in the eligibility determination, the eligibility agent is required to complete a partial redetermination. The eligibility agent retains, in the family file, the information used in the evaluation, but the eligibility agent and parent/caretaker are not required to complete an eligibility determination form. The date a complete redetermination is due will not be changed as a result of a partial redetermination.
(4) If a reported change results in the family, or a child in the family, becoming ineligible for subsidy, the eligibility agent shall take the necessary steps to discontinue the subsidy under §§ 3040.71 and 3040.72.
(5) Eligibility continues for 30-calendar days from the date of involuntary termination from employment, the date a strike begins or the date of graduation from high school or completion of the GED program.
(6) Eligibility continues for 56-calendar days (8 weeks) from the first day of maternity leave.
(7) Eligibility for subsidy continues during regularly scheduled breaks in an education program, if the regularly scheduled break is less than 31 days.
(d) Suspended subsidy. Child care subsidy may be suspended if a child is unable to attend the provider's child care program for more than 10 consecutive enrollment days and will be absent for no more than 90 consecutive calendar days. On the 91st day of consecutive absence, the child is no longer eligible for subsidy. Subsidy may be suspended for any of the following situations:
(1) The child is visiting the noncustodial parent/caretaker.
(2) The child is ill or hospitalized for 5 or more service days.
(3) The child accompanies the parent/caretaker on a trip because of family illness or emergency, and the illness or emergency is documented.
(4) The child remains at home with his parent/caretaker during family leave.
(5) The child care provider is closed because of licensing requirements.
(6) The child's needs cannot be met by the child care provider.
(7) The child's needs cannot be met by the child care provider, and subsidized child care funds are not available for the child to receive service at an alternative provider.
(8) The child's parent is a minor parent on break from attendance at elementary school, middle school or high school.
(e) Voluntary request to discontinue subsidized child care benefits. If a parent/caretaker requests that the eligibility agent discontinue his child's subsidy, the eligibility agent shall:
(1) Determine the reason for the request to discontinue benefits.
(2) Determine if the family continued to be eligible up to the time of the request to discontinue benefits.
(3) Explore the possibility of an overpayment under § 3040.92(2) (relating to eligibility agent responsibilities).
(f) Funding of different populations. The Department will direct the eligibility agent on the standards for funding different populations. The Department, through the Department's contracts with the eligibility agent, may direct funding for various populations, including individuals who formerly received TANF.
§ 3040.53. Parent/caretaker rights and responsibilities.
(a) A parent/caretaker shall provide all documentation required by the eligibility agent prior to an eligibility determination for subsidized child care.
(b) A parent/caretaker shall sign and date the application for subsidized child care at the time of application and at subsequent redeterminations. The parent/caretaker may mail in or hand deliver the application to the eligibility agent. In a family that has two parents/caretakers, both parents/caretakers shall sign and date the application.
(c) A parent/caretaker has the right to have the eligibility determination completed within 30-calendar days after the eligibility agent receives the signed and dated subsidized child care application.
(d) A parent/caretaker has the right to receive written notification regarding any change in the family's eligibility following a determination or redetermination of eligibility.
(e) A parent/caretaker has the right to appeal the eligibility agent's determination of eligibility as provided in § 3040.73 (relating to actions that can be appealed).
(f) A parent/caretaker shall report financial or nonfinancial changes in the family's circumstances which affect eligibility for subsidy, as required in § 3040.35 (relating to reporting changes) and provide documentation as required by the eligibility agent to verify changes.
(g) A parent/caretaker shall meet at least once face-to-face with the eligibility agent prior to enrollment of the first child in the family for subsidized child care. A parent/caretaker who transfers from TANF shall meet at least once face-to-face with the eligibility agent within the first 90 days of transferring to the subsidy program.
(h) A parent/caretaker shall supply accurate and complete financial and nonfinancial information to determine eligibility for subsidized child care.
§ 3040.54. Waiting list.
(a) After completion of an application and determination of the family's eligibility for subsidy, if the funds are not available, an eligible child is placed on a waiting list on a first come, first served basis. Placement on the waiting list is determined by the date and time eligibility for the child was determined.
(b) If a parent/caretaker requests subsidized child care for an additional child following the date the family was initially determined eligible for subsidized child care, the additional child is placed on the waiting list according to the date and time that the parent/caretaker requests care for the additional child.
(c) If a parent/caretaker does not select a provider for child care within 30 days from the date subsidy is available, the child is ineligible for subsidy and will be removed from the waiting list.
§ 3040.54a. (Reserved).
§ 3040.55. (Reserved).
CO-PAYMENTS § 3040.61. General requirements regarding co-payment.
(a) The eligibility agent shall determine the co-payment during the eligibility process. The parent/caretaker is responsible for paying the co-payment to the provider when a child is receiving subsidy. A co-payment is established at an initial determination of eligibility for subsidized child care and reestablished at each successive redetermination of eligibility. The co-payment covers all children in the family who are receiving subsidized child care. The co-payment includes all days of the week for which the family establishes a need for child care as described in § 3040.34 (relating to nonfinancial eligibility).
(b) A parent/caretaker whose child is authorized for subsidy is required to pay a co-payment and an equivalent advance co-payment prior to enrollment in the subsidized child care program. Only the co-payment is due thereafter. Exception: A parent/caretaker who transfers from TANF has until the first redetermination to pay the advance co-payment.
(c) If the co-payment is increased, the parent/caretaker shall begin paying the increased co-payment 10-calendar days after the advance notice advising the parent/caretaker of the co-payment increase. The parent/caretaker shall pay an increased advance co-payment. The increased advance co-payment is the amount of the difference between the current co-payment and the increased co-payment.
(d) If the co-payment is decreased as the result of a redetermination, the reduced co-payment is effective on the first day of the service week following the date of the redetermination. The difference between the current advance co-payment and the decreased co-payment is refunded to the parent/caretaker on the first day of the service week following the redetermination.
(e) The advance co-payment is refunded at the discontinuance of subsidy if the parent/caretaker has met applicable requirements in this chapter.
(f) The co-payment is due on the first day of the service week.
(g) A co-payment is delinquent if it is not paid by the last day of the service week. On the day that the co-payment becomes delinquent, the eligibility agent shall notify the parent/caretaker in writing that action will be taken to discontinue subsidy for the child. When a co-payment is delinquent, the first co-payment paid during any week is applied to the current week's co-payment. Subsequent co-payments paid during that week are applied to the delinquent co-payment. To remain current, a parent/caretaker shall pay the current week's co-payment and the delinquent co-payment.
(h) The following are the responsibilities of the eligibility agent:
(1) The eligibility agent shall assure that required notices of adverse action based on delinquent co-payments are generated in a timely manner. The eligibility agent shall retain a copy of the termination notice.
(2) The eligibility agent shall send the provider a copy of each notice of eligibility or adverse action issued to a parent/caretaker whose child is enrolled with the provider.
(3) If a co-payment is delinquent, the eligibility agent shall mail to the parent/caretaker, on a form prescribed by the Department, a written notice of discontinuance of subsidy at the end of the last service day of the service week in which the co-payment delinquency occurred. The written notice shall state that service will discontinue in 10-calendar days unless the delinquent co-payment is paid.
(4) If, during 1 year of eligibility, the parent/caretaker has been sent two written notices of discontinuance of subsidy due to overdue co-payments and has paid the overdue co-payments to avoid the discontinuance of subsidy at the time of the third delinquent co-payment, the eligibility agent shall initiate action to discontinue child care subsidy on the basis of habitual delinquency in paying co-payments. See § 3040.74 (relating to appeal: when subsidy is not continued during the appeal process). The parent/caretaker is ineligible for subsidy for 90 days after the discontinuance of subsidy for habitual delinquency.
(i) If subsidy to a child is discontinued and co-payments are owed to the provider, the parent/caretaker is ineligible for subsidized child care for 90-calendar days after the delinquent co-payments are paid.
§ 3040.62. Availability and use of the FPIG.
(a) The FPIG are published annually in the Federal Register and may be obtained from the Department's Office of Children, Youth and Families.
(b) Following annual publication of the FPIG, the Department will revise the co-payment chart in Appendix B and notify the eligibility agent of changes. The Department's Office of Children, Youth and Families will publish an updated co-payment chart as a notice in the Pennsylvania Bulletin to be recommended for codification in Appendix B.
(c) Applications and redeterminations processed after notification referenced in subsection (b) shall be completed in accordance with updated co-payment charts.
§ 3040.63. Calculating a co-payment.
(a) The determination of a family co-payment considers the following:
(1) The family size and income.
(2) The co-payment may not be less than $5.
(3) The family's annual co-payment may not exceed 14.5% of the family's annual income.
(b) The eligibility agent shall determine a family's adjusted monthly income as follows:
(1) Determine the gross monthly income by using documentation of 4 consecutive weeks of income from employment within the most recent 6-week period. Include other sources of income in Appendix A, Part I (relating to sources of earned or unearned income to be included). Following is the conversion method to determine gross monthly income:
Frequency of income Conversion method Daily Multiply the daily income by the number of workdays in a week, then multiply by 4.3 Weekly Multiply by 4.3 Biweekly (every 2 weeks) Divide by 2, then multiply by 4.3 Semimonthly (twice a month) Multiply by 2 for monthly gross income. Monthly Use the figure given. Quarterly Divide by 3. Annually Divide by 12. Lump sum income Divide by 12. (2) Determine the amount of the monthly income deductions listed in Appendix A, Part II.
(3) Determine the adjusted monthly income by subtracting the total monthly deductions from the total gross monthly income.
(4) Convert the adjusted monthly income to annual income by multiplying the adjusted monthly income by 12.
(c) If the annual income for the family exceeds 185% of the FPIG, the family is not eligible for subsidized child care.
(d) If the annual income for the family does not exceed 185% of the FPIG, the eligibility agent shall determine the family co-payment by using the co-payment chart in Appendix B.
(1) In Appendix B, the co-payment is determined by family size and the annual income calculated in accordance with subsection (b)(4). If the family's annual income falls between two FPIG percentages, use the higher FPIG percentage.
(2) The co-payment as set forth in Appendix B is calculated as follows:
(i) Determine the family size.
(ii) Determine the family's annual income.
(iii) Identify the annual income amount which is 100% FPIG for the family size.
(iv) Divide subparagraph (ii) by subparagraph (iii).
(v) Multiply subparagraph (iv) by 100 and round to the nearest thousandth, which is the percentage of FPIG for that family.
(vi) Reduce the result of subparagraph (v) to the next lower whole number divisible by 10.
(vii) Multiply subparagraph (iii) by subparagraph (vi) and add $1.
(viii) Locate the result of subparagraph (v) in the following chart under the column labeled ''% FPIG.'' If the result of (v) is not a multiple of 10, round up to the next multiple of 10 and locate in the chart under the column labeled ''% FPIG.'' Locate the corresponding ''N'' factor in the following chart:
% FPIG N 10% 5.5% 20% 6% 30% 6.5% 40% 7% 50% 7.5% 60% 8% 70% 8.5% 80% 9% 90% 9.5% 100% 10% 110% 10.5% 120% 11% 130% 11.5% 140% 12% 150% 12.5% 160% 13% 170% 13.5% 180% 14% 185% 14.5% (ix) Multiply the result of subparagraph (vii) by the ''N'' factor established in subparagraph (viii) to establish the annual co-payment amount and round to nearest hundredth.
(x) Divide the result of subparagraph (ix) by 52 to determine the weekly co-payment amount. Round down to the nearest whole dollar divisible by $5. The result is the weekly co-payment.
(e) If the co-payment is equal to or exceeds the weekly reimbursement rate for care, the family is not eligible for child care subsidy with the provider selected by the family.
§ 3040.64. Department's payment.
If the co-payment does not exceed the reimbursement rate for care, the difference between the reimbursement rate and the weekly co-payment represents the Department's payment for subsidized child care.
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