[27 Pa.B. 4615]
[Continued from previous Web Page] In § 3040.74(b), the Department proposes an appeal provision that permits appeal of a termination that is the result of an eligibility agent's inadequate funding (relating to subsidy disruption § 3040.19), but subsidy will not continue pending a hearing.
In § 3040.74(c), the Department proposes a requirement that a former TANF family, who has been receiving subsidized benefits while continuing to seek employment, has the right to appeal subsidy termination but cannot receive continued subsidized benefits pending an appeal hearing.
Filing an appeal: eligibility agent responsibilities (§ 3040.76)
In § 3040.76(e), the Department proposes to add that an adverse action regarding continued eligibility can be taken before the normal 10-day notice when funding is insufficient to maintain subsidized care.
Departmental actions (§ 3040.77)
In § 3040.77(a), the Department proposes to amend this subsection with a provision that an appeal hearing will be rescheduled if neither the parent who has requested the hearing nor the eligibility agent appears. Current regulation specifies that another action is taken by the Bureau of Hearings and Appeals if one or the other of the two parties do not appear at the scheduled time.
In § 3040.77(b), the amendment proposes a second option regarding implementing final administrative action. The Department proposes that the eligibility agent may implement the ordered administrative action on the first day of the service week following receipt of the ordered action. In addition, the regulation proposes a parent will not be permitted to receive any further subsidized child day care benefits until repayment of the full amount of the continued subsidy has been made.
Continuing subsidy and fee payment during an appeal (§ 3040.78)
In § 3040.78(b), the Department proposes an amendment that requires subsidy repayment by the parent upon loss of an appeal and identifies the period for which repayment applies. At this section and § 3040.91(f), the parent is advised of repayment responsibilities.
In § 3040.78(c), the Department proposes which prohibits a parent from having an increased fee held in abeyance until an appeal decision is rendered, if the eligibility agent established the family income which led to the fee increase in conformance with the income determination formula described in § 3040.63 (relating to determining a weekly family fee). The parent will be required to pay the increased fee during the appeal process.
OVERPAYMENT, REPAYMENT AND DISQUALIFICATION In §§ 3040.91--3040.94, the Department proposes to include new requirements which address the overpayments of subsidized child care benefits, repayment of those benefits, and sanctions for families who have received subsidized child care in error by referencing Chapter 258. These sections are added to allow the Department improved accountability for public funds by having the opportunity to repay subsidized child care benefits which were distributed to a family who was not entitled to receive them. Also, these requirements are based on Chapter 255 (relating to restitution).
Appendix A
PART I. INCOME INCLUSIONS In Section L, the Department proposes to amend the term ''workmen's'' compensation and replace that term with ''workers'' compensation.
In Section R, the Department proposes to amend the regulation regarding lump sum cash inclusion. The proposed amendment qualifies lump sum cash as more than $100 monthly. The provision regarding lump sum cash is expanded to include divorce settlements and gifts.
In Section S, the Department proposes to amend the requirement to indicate that a lump sum cash lottery winning is modified to include receipt of amounts more than $100.
In Section T, the Department proposes an amendment regarding identification of profit from self-employment. This requirement is reflective of Chapter 183 which governs eligibility requirements for cash assistance recipients.
In Section U, the Department proposes an amendment regarding room and board. This is reflective of Chapter 183.
PART II. INCOME DEDUCTIONS In Section C, the Department proposes an amendment to include medical expenses based on the monthly expenses and/or monthly payment plan.
In Section D, the Department proposes that an amount of $300 per month per family member will be deducted from the total monthly income of the family of a minor parent.
PART III. INCOME EXCLUSIONS At Section C, the Department proposes an amendment to include withdrawals from a credit union or brokerage deposits as exclusions from income. These withdrawals are to be treated as bank deposit withdrawals.
Affected Groups and Organizations
Groups and individuals affected by these proposed amendments include families who are receiving TANF benefits and parents who are applying for or receiving subsidized child day care. These individuals include cash assistance recipients and persons transitioning from cash assistance. The other groups affected by these proposed amendments include eligibility agents, child care providers and other organizations and groups.
Accomplishments/Benefits
These proposed amendments will satisfy the mandates of PRWORA which eliminates the TCC program and Title IV-A child care entitlements and requires the creation of a child care delivery system which will meet the needs of both the welfare families and nonwelfare families. The proposed amendments will assist working families to move from the TANF into the subsidized day care system, to have continued assistance with the cost of child care, to create purchasing power for all low-income families and to make the transition to economic independence. Children, families, and the child care provider community will all benefit from the proposed child care delivery system that provides consumer education and resource and referral services to help families make good choices, promotes continuity of care, and provides support for families to become self-sufficient.
The proposed amendments also strengthen and clarify the eligibility requirements which will ensure that the limited resources will be directed to the most needy families. For the first time, the Department is also proposing to define the benefit which an eligible child may receive. In addition, the proposed amendments establish consequences for families who provide false information or incomplete information for establishing eligibility for the subsidized child day care program.
Fiscal Impact
Public Sector Commonwealth--The implementation for the subsidized day care program is cost neutral for State Government, however, the increased amount of revenue available to the subsidized child day care program will serve approximately 3,421 additional children on an annual basis because the increase in fees will result in more funds for program expansion. The buying power of the funding allocated for the subsidized child day care program will be increased to assist a greater number of families with their child care costs.
Political Subdivisions--Local governments will not have increased costs due to these proposed amendments.
Private Sector The proposed amendments are not expected to increase costs in the private sector.
General Public Some family fees will increase because of changes in the method of fee determination and because the family will assume a greater percentage of the cost of care. Because the family contribution toward the cost of care will increase, funds that would have been used for the family will be available to other families seeking care.
Subsidized Child Day Care
Annual Proposed Actual Family Annual Cost of Current Proposed Size Income Care Fee Fee 3 $15,576 $666/month $15/week $25/week Paperwork Requirements
If the Department's proposals are adopted, current eligibility forms and informational pamphlets for families will need to be revised. Additional reporting requirements were implemented under PRWORA. Paperwork will be increased for the low-income family and the eligibility agent. The proposed amendments change the time frame for a redetermination of eligibility from once every 12 months to once every 6 months.
If the Department's proposals are adopted, there may be a slight decrease in the amount of paperwork that is currently completed to maintain a waiting list for individuals who are employed and have incomes greater than 185% of the FPIG. The proposed amendments reduce the maximum income limit from 235% of the FPIG to 185% of the FPIG. Currently, this group of individuals is determined to be eligible for the program and maintained on a waiting list although funding is not available for their enrollment into the subsidized child day care program.
If the Department's proposals are adopted, the eligibility agent will need to complete paperwork and follow-up activities related to child support actions and identification and verification of suspected fraud.
Effective Date
These proposed amendments will take effect upon publication in the Pennsylvania Bulletin as final rulemaking.
Sunset Date
No sunset date applies to these proposed amendments. However, the Department will review FPIG factors and average Statewide cost of care in relationship to the calculation of the family fee contribution on an annual basis.
Public Hearings
A public hearing will be held on September 24, 1997, from 12 noon to 4 p.m. in the auditorium of the State Museum of Pennsylvania, 3rd and North Streets, Harrisburg, PA. Individuals who wish to testify must notify Cynthia Patnode at (717) 787-1551 to schedule a time to testify.
Public Comment Period
Interested persons are invited to submit written comments, suggestions or objections regarding the proposed amendments to the Department of Public Welfare as follows: comments on Chapter 3040 are to be directed to Jolene Gregor, Policy Specialist, P. O. Box 2675, Harrisburg, PA 17105, (717) 787-8691; comments on Chapter 165, 168 and 183, are to be directed to David C. Florey, Director, Bureau of Employment and Training Programs, Room 428, Health and Welfare Building, Harrisburg, PA 17120, (717) 787-8613. All comments must be submitted within 30-calendar days of the date of publication of this notice in the Pennsylvania Bulletin. Comments received within 30-calendar days will be reviewed and considered in the preparation of the final-form regulations. Comments received after the 30-day comment period will be considered for any subsequent revisions to the regulations.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on August 25, 1997, the Department submitted a copy of the proposed amendment to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the House Aging and Youth Committee and the Senate Committee on Public Health and Welfare. In addition to submitting the proposed amendments, the Department has provided IRRC and the Committees with a copy of a detailed Regulatory Analysis Form prepared by the agency in compliance with Executive Order 1996-1. A copy of this material is available to the public upon request.
If IRRC has objections to any portion of the proposed amendments, it will notify the Department within 10 days of the close of the Committee's comment period. The notification shall specify the regulatory review criteria which have not been met by that portion. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the regulations, of objections raised by the Department, the General Assembly and the Governor.
FEATHER O. HOUSTOUN,
SecretaryFiscal Note: 14-438. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 55. PUBLIC WELFARE
PART II. PUBLIC ASSISTANCE MANUAL
Subpart C. ELIGIBILITY REQUIREMENTS
CHAPTER 165. EMPLOYMENT AND
TRAINING PROGRAM
GENERAL PROVISIONS § 165.2. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
* * * * * [Full-time child care--Child care of at least 5 hours per day.
Guaranteed child care--An arrangement made by the Department to reimburse or to pay for child care during the period the individual is participating in the ETP.]
* * * * * [Part-time child care--Child care of less than 5 hours per day.]
* * * * *
SPECIAL ALLOWANCES FOR SUPPORTIVE SERVICES § 165.42. Advance payment of special allowances for supportive services.
(a) [Special allowances for supportive services, including child] Child care[,] shall be paid in advance of the date that payment is required by the provider, consistent with the requirements and time frames in § 165.45 (relating to time frames for authorization of payment of special allowances for supportive services).
* * * * * § 165.44. Verification for special allowances for supportive services.
* * * * * [(c) Special requirements related to child care.
(1) Child care costs shall be verified through a collateral contact by the CAO with the child care provider, by a written statement signed by the provider or on a form specified by the Department.
(2) When a special allowance for child care is authorized based on a collateral contact or a written statement from the provider, verification of the charge for child care on a form specified by the Department shall be submitted to the CAO within 30 days of the first day child care costs were incurred. The CAO shall assist the client, as needed, to obtain a completed verification form from the provider.
(3) Verification of factors other than cost relating to the need for child care shall consist of collateral contacts with, or written statement from employers, prospective employers, physicians, licensed psychologists, school officials, or training providers or copies of court orders or pay stubs. The client's statement regarding suspected child abuse is acceptable evidence. Information previously verified need not be repeated unless it is subject to change.]
§ 165.46. Types of special allowances for supportive services.
[(a) Child care.
(1) Payment for child care is made to enable the caretaker/relative or custodial parent to participate in an approved education or training activity or to apply for employment.
(2) The CAO shall promptly inform an ETP participant who is in need of child care about the following:
(i) The types and locations of child care providers reasonably accessible to the participant.
(ii) The assistance available to help the participant select an appropriate child care provider.
(iii) The assistance available on request to help the participant obtain a child care provider.
(iv) That child care payments shall be paid in advance of the date that payment is required by the provider, consistent with the requirements and time frames in § 165.45 (relating to time frames for authorization of payment of special allowances for supportive services), to ensure that the participant will have access to the child care provider of the participant's choice.
(3) Special allowances for child care are available for the following types of providers, including the following:
(i) Center-based care.
(ii) Group family day care.
(iii) Family day care.
(iv) Department of Education administered day care.
(v) Unregulated care.
(4) Child care payments may be made only to a person or business entity who allows parental access to the child while a child is in care without the need for prior notification and who provides care in accordance with applicable Federal, State and local law.
(5) The caretaker/relative shall have the right to choose from any type of child care that is available under this chapter and the right to choose any child care provider who meets the requirements of this chapter.
(6) Payments are made for care of a child who is one of the following:
(i) Twelve years of age or younger, living in the home of the parent or caretaker/relative and receiving Cash Assistance, or who would be eligible to receive Cash Assistance except for the receipt of SSI or foster care under Title IV-E of the Social Security Act (42 U.S.C.A. §§ 670--677).
(ii) Thirteen years of age or older if it has been verified by a physician or licensed psychologist that the child is not physically or mentally capable of caring for himself or it is verified that the child is under a court order requiring adult supervision, the child is living in the home of the parent or caretaker/relative and is receiving Cash Assistance, or who would be eligible to receive Cash Assistance except for the receipt of SSI or foster care under Title IV-E of the Social Security Act.
(7) Payment is made for the eligible cost of child care up to the maximum allowance established by the Department in § 168.1 (relating to policy on TCC Program) or the rate charged the general public, whichever is less, per child. Recipients receiving special allowances for child care before implementation of the maximum allowances continue to receive payment for actual reasonable costs incurred for child care. Eligible costs include charges for days on which the child does not attend due to illness, vacation, or the like. Charges for transporting the child to or from care are included if not levied as a separate charge by the provider.
(8) Payment for providing care of children will not be made to the following persons or business entities owned by:
(i) A biological or adoptive parent of the child.
(ii) A legal guardian of the child.
(iii) A stepparent of the child living in the home.
(iv) Persons receiving AFDC as essential persons.
(v) Other members of the budget group of which the child is a member.
(9) Payment for child care shall be made for persons awaiting entry into, or during breaks in, approved education training or employment for one of the following:
(i) Up to 2 weeks.
(ii) Up to 30 days when it is verified that the arrangements would otherwise be lost in the interim period.
(10) Payment of child care shall be reasonably related to the hours of employment or ETP participation, including travel time.
(11) Payment for child care may be made by one of the following:
(i) Direct payment to the recipient when the provider is unregulated or is regulated but is not enrolled in the Department's child care vendor payment system.
(ii) Vendor payment to a regulated provider who has signed the Department's vendor payment agreement and who is enrolled in the Department's child care vendor payment system.
(iii) Restricted endorsement check to the recipient and provider.
(iv) The earned income deductions in §§ 183.94(3) and 183.95(2) (relating to AFDC earned income deductions; and GA earned income deductions) for employed clients, except that clients earning wages in a work experience training activity may receive payment for the difference between the child care deduction and the maximum child care allowance established by the Department in § 168.1 when the cost of child care exceeds the deductions in §§ 183.94(3) and 183.95(2).
(12) Child care services are not considered as needed when an unemployed biological or adoptive parent, specified relative or legal guardian is in the home unless that person is physically or mentally incapable of providing care or is involved in education, training, job search or employment related activities, or the child is at risk due to suspected child abuse or the custodial parent is participating in a Single Point of Contact or Department of Education Pregnant and Parenting Youth Program.
(13) Preexpenditure approval is required unless the child care is for a job interview and the client is unable to contact the worker prior to the scheduled interview.]
[(b)] (a) ***
* * * * * [(c)] (b) ***
* * * * * [(d)] (c) ***
* * * * *
CHAPTER 168. [TRANSITIONAL] CHILD CARE
GENERAL PROVISIONS § 168.1. Policy on [TCC Program] child care.
(a) [The TCC Program provides payments which subsidize the cost of child care for eligible budget groups, for 12 consecutive months, which is 24 semi-monthly periods, beginning with the day following the effective date of discontinuance of the AFDC cash payment.] Payment for child care may be made to enable the caretaker/relative or custodial parent to participate in RESET. To qualify for a child care payment, the individual shall be found eligible to receive cash assistance, including persons who do not receive a cash payment due to the minimum monthly check requirement.
(b) [A budget group shall be notified in writing of its potential eligibility for TCC at the time AFDC cash payments are discontinued. This notice shall describe the Program, the steps to be taken to request benefits, the rights and responsibilities under the Program and the reasons for which benefits could be denied or discontinued.] The CAO shall promptly inform a RESET participant who is in need of child care about the following:
(1) Upon request, the types and locations of child care providers reasonably accessible to the participant and, in addition, refer the client to the local management agency for help in locating day care arrangements.
(2) The assistance available to help the participant select an appropriate child care provider.
(3) The assistance available on request to help the participant obtain a child care provider.
(4) The child care payments shall be paid in advance of the date that payment is required by the provider, consistent with the requirements and time frames in § 165.42 (relating to advance payment of special allowances for supportive services), to ensure that the participant will have access to the child care provider of the participant's choice. The advance payment requirement does not apply to vendor payments for child care.
(c) [A request for TCC benefits will be acted upon within 15 calendar days from the date the request is received.
(d) A TCC payment may be authorized during the 12-month period of eligibility retroactive to the date of initial eligibility upon receipt of the required information and verification.
(e) Rights and responsibilities of a TCC applicant or recipient, including the provisions under Chapters 105 and 107 (relating to safeguarding information; and nondiscrimination), are the same as established for Cash Assistance with the exceptions listed in this chapter.
(f) Current child care fee, maximum child care allowance and income eligibility tables for TCC are available upon request at CAOs.] The CAO shall inform applicants and recipients, in writing and orally, of the availability of child care allowances at application, reapplication and whenever the EDP is developed or revised.
(d) The notification of approval or denial of child care payments will be done in accordance with § 165.43 (relating to special allowances for supportive services and time frames for eligibility determinations).
(e) Authorization of payment for child care will be done based on time frames consistent with § 165.45 (relating to time frames for authorization of special allowances for supportive services).
(f) The child care copayment sliding fee scale, as set forth in Chapter 3040, Appendix B (relating to family copayment scale), and the maximum child care allowances are available upon request at the CAO.
§ 168.2. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Average child care costs--The average monthly cost of care is the sum of the actual child care costs, per child, divided by the number of children in care.
Budget group--A group of persons receiving [TCC] child care payments who live together and meet the definition of [an AFDC] a TANF filing unit as defined in § 171.21 (relating to policy). A child receiving SSI benefits and for whom [TCC] child care payments are requested is included in the budget group.
* * * * * Child with a disability--A child prevented from caring for himself because of a physical or mental incapacity.
Copayment sliding fee scale--A scale based on family sizes, income and cost of care from which a determination of the child care copayment is made.
EDP--Employment Development Plan--A noncontractual agreement completed by the client and the employment and training worker which establishes an employment goal with specific time frames and activities to achieve the goal and describes services to be provided by the Department and the activities to be undertaken by the recipient.
* * * * * Full-time employment--Employment which averages at least 30 hours per week in a calendar month.
[Handicapped child--A child who is prevented from caring for himself because of a physical or mental incapacity.
Local market rate--The cost charged for providing regulated child care services within a specified geographic area.]
Maximum [TCC] child care allowance--The ceiling set by the Department for payment of child care services to budget groups eligible for [the TCC Program] child care payment.
[Month of application--The calendar month in which the request for TCC benefits is received.]
* * * * * [OJT--On-The-Job Training--Training in the private or public sector while the participant is engaged in productive work, which provides knowledge or skills essential to the full and adequate performance of the job.]
* * * * * Preexpenditure approval--Approval by a person specified by the Department prior to the recipient's incurring an expense for child care.
[Principal wage earner--The term as defined in Chapter 153 (relating to deprivation of support or care).]
RESET--The Road to Economic Self-sufficiency through Employment and Training Program.
* * * * * Relative/neighbor care--Care given by a person who is exempt from certification and cares for three or fewer children.
* * * * * [Sliding fee scale--A listing of family sizes and income, in graduated steps, from which a determination of the child care fee is made.]
* * * * * [TCC--Transitional child care.
TCC service month--A calendar month in which child care expenses were paid or incurred and for which a TCC payment is requested or authorized.
Unregulated care--Child care given by a person or entity which is not licensed by or registered with the Department or approved by the Department of Education.]
TANF--Temporary Assistance for Needy Families Program--A Federal nonentitlement program under 42 U.S.C.A. §§ 601--609 which provides cash assistance to unemployed individuals who are working toward self-sufficiency. Eligibility for TANF is determined by the local CAO.
Vendor payment--A child care payment made by the Department directly to a [regulated] child care provider who has signed the Child Care Vendor Program Enrollment Request Agreement and is enrolled in the child care vendor [file] payment system.
ELIGIBILITY REQUIREMENTS § 168.11. General requirements.
[To receive a TCC payment, the budget group shall meet the eligibility conditions of the following chapters:
(1) Chapter 142 (relating to monthly reporting) with the exceptions specified in § 168.61 (relating to reporting requirements).
(2) Chapter 147 (relating to residence).
(3) Chapter 149 (relating to citizenship and alienage).
(4) Chapter 155 (relating to enumeration).
(5) Chapter 255 (relating to restitution) with the exceptions specified in § 168.91 (relating to restitution).
(6) Chapter 275 (relating to appeal and fair hearing and administrative disqualification hearings) with the exceptions specified in § 168.101 (relating to appeal and fair hearing).]
(a) Special allowances for child care are available for the following types of child care:
(1) Center-based care.
(2) Group family day care.
(3) Family day care.
(4) Relative/neighbor care.
(b) Child care payments may be made only to a person or business entity who allows parental access to the child while a child is in care without the need for prior notification and who provides care in accordance with applicable Federal, State and local law.
(c) The caretaker/relative shall have the right to choose from any type of child care that is available under this chapter and the right to choose any child care provider who meets the requirements of this chapter.
(d) Payments are made for care of a child who is one of the following:
(1) Under 13 years of age, living in the home of the caretaker/relative and receiving cash assistance, or who would be eligible to receive cash assistance except for the receipt of SSI or foster care under Title IV-E of the Social Security Act (42 U.S.C.A. §§ 670--677).
(2) Thirteen years of age or older if it has been verified by a physician or licensed psychologist that the child is not physically or mentally capable of caring for himself, the child is living in the home of the parent or caretaker/relative and is receiving cash assistance, or who would be eligible to receive cash assistance except for the receipt of SSI or foster care under Title IV-E of the Social Security Act.
(e) Payment is made for the actual cost of child care up to the maximum allowance established by the Department or the rate charged the general public, whichever is less. Eligible costs include charges for days on which the child does not attend due to illness, vacation or other circumstances as deemed appropriate by the Department. Charges for transporting the child to or from care are included if not levied as a separate charge by the provider.
(f) Payment for providing care of children will not be made to the following persons or business entitles owned by:
(1) A biological or adoptive parent of the child.
(2) A legal guardian of the child.
(3) A stepparent of the child living in the home.
(4) Persons receiving TANF as essential persons.
(5) Other members of the budget group of which the child is a member.
(g) Payment for child care shall be made for persons awaiting entry into, or during breaks in, approved work-related activities or employment for one of the following:
(1) Up to 2 weeks.
(2) Up to 30 days when it is verified that the arrangements would otherwise be lost in the interim.
(h) Payment of child care shall be reasonably related to the hours of employment or RESET participation, including travel time.
(i) Payment for child care may be made by one of the following methods:
(1) Direct payment to the client when the child care provider is not enrolled in the Department's child care vendor payment system.
(2) Vendor payment to the child care provider when the provider is enrolled in the Department's child care vendor payment system.
(3) Restricted endorsement check made payable to the client and child care provider when it has been demonstrated that the client failed to use a prior child care payment for its intended purpose.
(j) Child care services are not considered as needed when an unemployed biological or adoptive parent, specified relative or legal guardian is in the home unless that person is physically or mentally incapable of providing care, or is participating in RESET, or the custodial parent is participating in a Department of Education pregnant and parenting youth program.
(k) Preexpenditure approval is required unless the child care is for a job interview and the client is unable to contact the worker prior to the scheduled interview.
§ 168.12. [Income eligibility limitations] (Reserved).
[When the gross income of the budget group equals or exceeds 185% of the Federal Poverty Income Guideline as published annually by the Federal government for the appropriate family size, payment will not be made for child care. The budget group is and remains eligible for the TCC Program, but the required fee is set at the full cost of child care.]
§ 168.13. [Resources] (Reserved).
[Resources are not considered in determining eligibility or payments under the TCC Program.]
§ 168.14. [Request for benefits] (Reserved).
[The budget group shall request TCC benefits by submitting the TCC Program Request for Benefits form within the 12-month period of eligibility.]
§ 168.15. [Discontinuance of AFDC] (Reserved).
[(a) An AFDC payment to the budget group shall have been discontinued due to new employment, increased income from employment, increased hours of employment--over 100 hours per month--by the principal wage earner in an unemployed parent case or the expiration of the earned income incentives specified in § 183.94(2) (relating to AFDC earned income incentive deduction).
(b) A budget group that is not eligible for AFDC payments as a result of OJT income is authorized to receive TCC payments if other conditions of eligibility are met.
(c) A budget group is not eligible for TCC if one of the following applies:
(1) A discontinuance of AFDC payments is requested, even though the budget group remains eligible for an AFDC payment.
(2) An AFDC payment is not received due to the $10 monthly minimum check requirement.
(3) The AFDC payment is suspended as a result of excess income in the budget month which results in temporary ineligibility for 1 month as specified in § 183.105(2) (relating to increases in income).]
§ 168.16. [Prior receipt of AFDC] (Reserved).
[A budget group shall have received an AFDC payment in at least 3 of the 6 months immediately preceding the month payments were discontinued. A month in which the AFDC payment was received fraudulently is not counted in this determination. Prior receipt of AFDC is determined as follows:
(1) A month in which the budget group received a full or partial AFDC payment is counted.
(2) A month in which the budget group did not receive an AFDC payment due to the $10 minimum monthly check requirement is counted.
(3) A month in which the budget group did not receive an AFDC payment because the case was suspended for 1 month as a result of excess income in the budget month which resulted in temporary ineligibility is counted.]
§ 168.17. Eligible children.
The budget group includes a child who meets one of the following [conditions] criteria. The child is one of the following:
(1) [Would qualify as an AFDC] A TANF dependent child under Chapter 153 (relating to deprivation of support or care) and § 145.43(a)(1) (relating to requirements) [, if financially eligible.
(2) Would qualify] or qualifies as [an AFDC] a TANF dependent child under Chapter 153 and § 145.43(a)(1) except for receipt of SSI or foster care benefits [, and following conditions:].
(2) Meets one of the following conditions:
* * * * * [(iii) Is 13 years of age or older and is under a court order which requires adult supervision.]
§ 168.18. Need for child care.
(a) Child care must be needed to enable a member of the budget group to [retain employment] participate in RESET activities.
(b) Child care services will not be considered as needed when an unemployed biological or adoptive parent, specified relative or legal guardian of the child is in the home, unless one of the following applies:
* * * * * [(3) The child is at risk because of suspected child abuse.]
* * * * * (e) Child care will not be considered as needed when the biological or adoptive parent, specified relative or legal guardian of the child is the owner/operator of a day care service, which includes day care center, group home, family day care home or relative/neighbor care.
§ 168.19. Child care arrangements.
Payment for child care will be made when the child care arrangements are as follows:
* * * * * (2) The person or entity providing child care may not be one of the following:
* * * * * (ii) A member of the TANF budget group [that is requesting or receiving TCC benefits for the child].
* * * * * § 168.20. Child care [fee] co-payment.
The Employed budget group shall pay the required [fee] copayment toward the cost of child care.
§ 168.21. Reasons for ineligibility.
Ineligibility will result when:
(1) The budget group is employed and fails to pay the required [fee] copayment toward the cost of child care. The budget group is ineligible until overdue [fees] copayments are paid or satisfactory arrangements to pay overdue [fees] copayments are made with the provider.
(2) [The specified relative willfully and without good cause voluntarily terminates employment. Good cause determinations are made in accordance with Chapter 165 (relating to Employment and Training Program). The budget group is ineligible for the remainder of the 12-month period. If the specified relative loses a job with good cause and subsequently finds another job, a TCC payment may be authorized for the remainder of the 12-month period.] The budget group is employed full-time and selects child care which costs more than the budget group's total gross monthly income as follows:
(i) Total costs exceed 100% of gross monthly income when care is for one or two children.
(ii) Total costs exceed 150% of gross monthly income when care is for three children; thereafter, add 50% to the gross monthly income limit for each additional child.
[(3) The specified relative fails, without good cause, to cooperate with the Department in establishing payments and enforcing child support obligations. Good cause determinations are made in accordance with Chapter 187 (relating to support from relatives). The budget group is ineligible for the remainder of the 12-month period.]
VERIFICATION § 168.41. Verification requirements.
The applicant or recipient is required, as a condition of eligibility, to cooperate in providing necessary information and verification. [Verification consists of documentation specified by the Department. Verification already available in the case record is not required to be repeated unless the information is subject to change or the verification is outdated. The Department will assist in securing necessary verification when needed.]
(1) Before authorizing the initial child care payment, the CAO shall determine the following:
(i) Whether the child care is necessary to participate in RESET.
(ii) The expected charge.
(iii) The date the service is needed by the participant.
(iv) The date that payment for the service is required under the provider's usual payment policy or practice.
(2) When verification provided to the CAO indicates a change in eligibility, payment shall be reduced, terminated or increased, as appropriate, upon issuance of a confirming notice to the participant, in accordance with § 133.4(c) (relating to procedures).
(3) Child care costs shall be verified monthly through a contact by the CAO with the child care provider, by a written statement signed by the provider or on a form specified by the Department.
(4) When a child care allowance is authorized based on a contact with or by a written statement from the provider, verification of the charge for child care on a form specified by the Department shall be submitted to the CAO within 30 days of the first day child care costs were incurred. The CAO shall assist the client, as needed, to obtain a completed verification form from the provider. Failure to provide verification within the specified time period could result in nonauthorization of the child care payment.
(5) Verification of factors other than cost relating to the need for child care shall consist of collateral contacts with, or written statements from, employers, prospective employers, physicians, licensed psychologists, school officials, or training providers or pay stubs. Information previously verified need not be repeated unless it is subject to change.
§ 168.42. [Verification of eligibility months] (Reserved).
[Case record data will be used to verify receipt of an AFDC payment in 3 of the preceding 6 months. A client's statement of receipt in another state will be verified with the appropriate state agency. If verification cannot be obtained, the client's statement is accepted.]
§ 168.43. Verification of a [handicapped] child with a disability.
* * * * * § 168.44. Verification of [a handicapped] an adult with a disability.
* * * * * § 168.45. [Verification of suspected child abuse] (Reserved).
[The statement of the client, caseworker or other professional is acceptable evidence. Suspected child abuse will be reported in accordance with 23 Pa. C.S. Chapter 63 (relating to the Child Protective Services Law) as defined in Chapter 3490 (relating to child protective services--child abuse).]
§ 168.46. [Verification of court ordered supervision] (Reserved).
[A copy of the court order which confirms that the child is under court ordered supervision is required.]
§ 168.47. [Verification of income] (Reserved).
[Verification of income requirements are found in § 183.5 (relating to income verification).]
§ 168.49. Verification of payment of [fees] copayment for the employed budget group.
* * * * * § 168.50. [Verification of household composition] (Reserved).
[A signed statement from the client on the Request for Benefits Form, the Monthly Report Form or another signed, written statement from the client which identifies the persons living in the household is required.]
REPORTING REQUIREMENTS § 168.61. Reporting requirements.
The budget group shall, [at a minimum, report income, household composition] report child care arrangements and child care costs monthly.
[(1) The budget group will be enrolled in the Monthly Reporting System as set forth in Chapter 142 (relating to monthly reporting) with the exceptions noted in this chapter. The child care costs which the recipient submits with the monthly reporting form are used to determine the amount of the payment for the TCC service month. The income information which the recipient submits with the monthly reporting form is used to determine the child care fee for the following TCC service month.
(2) Submission of a Late/Incomplete Notice (L/IN) or Monthly Reporting Form (MRF) by the extended due date will not result in the imposition of penalties. Failure to submit a complete L/IN or MRF by the extended due date will not result in termination of TCC eligibility.
(i) If the TCC method of payment as defined in § 168.81 (relating to payment methods) is not a vendor payment, the TCC payment is not issued. A retroactive TCC payment will be authorized at any time within the 12-month period of eligibility for any service month in which the MRF or L/IN is received after the extended due date if the client submits a completed MRF with required verification. When the 12-month period of eligibility has expired, a retroactive TCC benefit may be authorized if the completed MRF with required verification is received on or before the deadline designated for the last month of eligibility for reactivating terminated cases.
(ii) If the TCC method of payment as defined in § 168.81 is a vendor payment, a TCC payment will be issued to reimburse the vendor for services provided up to the L/IN extended due date.]
* * * * *
[TCC] PAYMENT DETERMINATION § 168.71. Monthly payment determination.
The amount of the [TCC] child care payment is [calculated] determined for each [TCC service] month.
(1) [The payment amount is calculated by subtracting the child care fee from the allowable child care cost as follows:] The allowable child care payment is the lowest of the actual child care costs, the rate charged the general public or the maximum allowance established by the Department.
[(i) The child care fee is determined in accordance with § 168.74 (relating to determining monthly child care fee).
(ii) The allowable child care cost is the lower of the actual child care costs determined under § 168.72 (relating to determining monthly child care costs), the rate charged the general public or the maximum TCC allowance, per child, whichever is less.]
(2) [When the first or last month of eligibility is not a full calendar month, the TCC payment is prorated for the number of calendar days for which the budget group is eligible.] Child care payments may be made for TANF eligible budget groups in need of child care to participate in RESET as follows:
(i) Unpaid work. For participants in unpaid work activities, payment is made for actual child care costs up to the maximum allowance established by the Department.
(ii) Paid work. For participants in paid work activities, payment is made for actual child care costs up to the maximum allowance established by the Department less the family copayment as determined in § 168.74 (relating to determining monthly child care copayment).
(iii) Exception. The copayment shall be waived for the period covering the first day of employment until the date income is adjusted to the grant.
(3) Corrective or delayed payments are issued consistent with the requirements in Chapters 175 and 227 (relating to allowances and benefits; and central office disbursement).
§ 168.72. Determining monthly child care costs.
The actual child care expenses reported and verified as paid or incurred in the [TCC service] month are considered. [Child care expenses paid or incurred while a person is a recipient of Cash Assistance are not considered.] Actual child care costs include the following:
(1) A charge for child care provided during the hours of [employed budget group member's work or work- related] RESET activities, and related travel time.
* * * * * § 168.73. [Determining countable income] (Reserved).
[The gross earned and unearned income of the budget group is considered when determining eligibility and the amount of monthly TCC payments. Countable income is determined as follows:
(1) Earned income. Gross earned income specified under §§ 183.21 and 183.22 (relating to gross earned income; and profit from self-employment) is counted except in the following situations:
(i) Earned income received while a recipient of Cash Assistance.
(ii) The gross earnings of a child, if the conditions set forth in § 183.81 (relating to income exemptions) are met.
(2) Unearned income. Unearned income specified under §§ 183.31--183.35 and 183.39 is counted except in the following situations:
(i) Unearned income received while the person is a recipient of Cash Assistance.
(ii) Unearned income received as a dividend or interest as specified under § 183.31.
(3) Restricted income. Income specified under §§ 183.52 and 183.54 (relating to nonservice connected veterans benefits; and income of a child).
(4) Contractual or intermittent income. The income received under a contract of employment or intermittent income, such as certain interest, dividend and royalty payments, is determined in accordance with § 183.64 (relating to income averaging).
(5) Profit from self-employment. Profit from self-employment is determined in accordance with § 183.65 (relating to profit).]
§ 168.74. Determining monthly child care [fee] co-payment.
The [fee] copayment is determined for a [TCC service] month based upon gross monthly income [and], budget group size and cost of care. Gross monthly income is determined based on anticipated or actual amounts as [set forth] determined in [this section] accordance with Chapter 183 (relating to income). [(1)] The [fee] copayment is prospectively determined [using anticipated income] for the initial 2 [service] months[, the month of application and the following month. Anticipated income is the amount of income reasonably expected to be received in a calendar month]. Thereafter, the monthly reporting process applies.
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