[30 Pa.B. 1743]
[Continued from previous Web Page] (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.
§ 3040.35. 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, including changes in the days and hours worked.
(2) Training status.
(3) Family income, excluding an increase of earned income from employment or self-employment that is not a result of a change in employment.
(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.
§ 3040.38. Prospective employment or a prospective education program for new applicants.
(a) A family in which an adult member has prospective employment or the 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.
§ 3040.40. 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 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 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 parent who has graduated from high school or who has a GED, participates in a recognized training program.
ELIGIBILITY DETERMINATION PROCESS § 3040.52. Eligibility agent responsibilities.
* * * * * (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 on break from attendance at an education program.
* * * * *
CO-PAYMENT § 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 11% of the family's annual income.
(4) If the family's annual income is 100% of FPIG or less, the annual co-payment may not exceed 8% 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 at initial application, the annual income for the family exceeds 200% of the FPIG or if at redetermination the annual income for the family exceeds 235% 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 at initial determination of eligibility or does not exceed 235% of the FPIG at redetermination and the family is otherwise eligible, the eligibility agent shall determine the co-payment by using the co-payment chart in Appendix B. The co-payment as set forth in Appendix B is calculated in $5 increments for each $2,000 of annual income.
(e) If a family has only one child who is enrolled in school, including kindergarten, and who receives a total of fewer than 5 hours daily of before or after-school care, the family shall pay one-half the weekly amount derived from the chart in Appendix B.
(f) If the co-payment is equal to or exceeds the weekly reimbursement rate for care or if the Department's weekly payment to the provider would be less than $5, the family is not eligible for child care subsidy with that provider.
NOTIFICATION REQUIREMENTS § 3040.71. General requirements regarding notification.
(a) The eligibility agent shall notify the parent/caretaker in writing of the results of the eligibility determination. Notification shall occur within 30-calendar days following the date the eligibility agent receives a signed and dated application from the parent/caretaker. The eligibility agent shall determine the family ineligible if the parent/caretaker does not provide all verification required to determine eligibility within 30-calendar days.
(b) The eligibility agent shall notify the parent/caretaker in writing of an eligibility determination which renders the family eligible for subsidy. The notification shall include the following:
(1) The amount of the assessed co-payment.
(2) The parent/caretaker responsibility to report changes in eligibility requirements cited in § 3040.35 (relating to reporting changes).
(3) The parent's/caretaker's right to appeal the decision and information about how to appeal.
(c) On a written notice form prescribed by the Department, the eligibility agent shall notify each parent/caretaker of a determination or redetermination resulting in ineligibility for subsidized child care.
(d) At least 10-calendar days before the action that adversely affects eligibility or the amount of the co-payment is effective, the eligibility agent shall hand deliver or mail the adverse action to the parent/caretaker. The 10-day period begins on the day following the day the written notice is postmarked or hand delivered to the parent/caretaker. The adverse action requirements relating to an overpayment are found in subsection (g).
(e) If the 10-day period ends on a holiday or a day when the eligibility agent is not open for business, the next business day is considered the 10th day.
(f) The eligibility agent shall, by written notice to the parent/caretaker, confirm the parent's/caretaker's voluntary withdrawal of a child from subsidized child care.
(g) The eligibility agent shall notify the parent/caretaker in writing of an overpayment. The notification may also include a notice of adverse action if the overpayment affects the amount of the co-payment or results in suspension or termination. The notice shall include the following:
(1) The reason for the overpayment.
(2) The period of the overpayment.
(3) The amount of the overpayment.
(4) The repayment methods as listed in § 3040.93 (relating to repayment).
(5) The right to request a Departmental fair hearing on the overpayment amount.
APPENDIX A
EARNED OR UNEARNED INCOME TO BE INCLUDED, DEDUCTED AND EXCLUDED IN DETERMINING GROSS MONTHLY INCOME * * * * *
PART II. INCOME DEDUCTIONS. The following are deducted when determining adjusted monthly income:
A. Voluntary or court-ordered support paid by the parent/caretaker or a family member to a present or former spouse not residing in the same household.
B. Voluntary or court-ordered child support paid by the parent/caretaker or family member to a person not residing in the same household.
C. A medical expense not reimbursed through medical insurance which exceeds 10% of the family gross monthly income. The medical expense must have been incurred within the 90-day period prior to the date the parent/caretaker notifies the eligibility agent of that expense and there must be an expectation that the expense will continue to be incurred for the 6 months following the outset of the expense. Medical expenses are based on the monthly expenses or monthly payment plan, or both. Medical expenses include bills for doctors, hospital costs, dental services, health care premiums, institutional care, medications, prosthetic devices, durable medical equipment or mental health services.
PART III. INCOME EXCLUSIONS.
APPENDIX B
CO-PAYMENT CHART
FAMILY CO-PAYMENT SCALE
(BASED ON THE 2000 FEDERAL POVERTY INCOME GUIDELINES)
Weekly Family Size: 1 Family Size: 2 Family Size: 3 Co-pay Annual Income Annual Income Annual Income $5 Less than: $8,350 Less than: $9,250 Less than: $10,150 $10 $8,350.01 $10,350 $9,250.01 $11,250 $10,150.01 $12,150 $15 $10,350.01 $12,350 $11,250.01 $13,250 $12,150.01 $14,150 $20 $12,350.01 $14,350 $13,250.01 $15,250 $14,150.01 $16,150 $25 $14,350.01 $16,350 $15,250.01 $17,250 $16,150.01 $18,150 $30 $16,350.01 $18,350 $17,250.01 $19,250 $18,150.01 $20,150 $35 $18,350.01 $19,623 $19,250.01 $21,250 $20,150.01 $22,150 $40 $21,250.01 $23,250 $22,150.01 $24,150 $45 $23,250.01 $25,250 $24,150.01 $26,150 $50 $25,250.01 $26,438 $26,150.01 $28,150 $55 $28,150.01 $30,150 $60 $30,150.01 $32,150 $65 $32,150.01 $33,253 200% FPIG $16,700 200% FPIG $22,500 200% FPIG $28,300
Weekly Family Size: 4 Family Size: 5 Family Size: 6 Co-pay Annual Income Annual Income Annual Income $5 Less than: $11,050 Less than: $11,950 Less than: $12,850 $10 $11,050.01 $13,050 $11,950.01 $13,950 $12,850.01 $14,850 $15 $13,050.01 $15,050 $13,950.01 $15,950 $14,850.01 $16,850 $20 $15,050.01 $17,050 $15,950.01 $17,950 $16,850.01 $18,850 $25 $17,050.01 $19,050 $17,950.01 $19,950 $18,850.01 $20,850 $30 $19,050.01 $21,050 $19,950.01 $21,950 $20,850.01 $22,850 $35 $21,050.01 $23,050 $21,950.01 $23,950 $22,850.01 $24,850 $40 $23,050.01 $25,050 $23,950.01 $25,950 $24,850.01 $26,850 $45 $25,050.01 $27,050 $25,950.01 $27,950 $26,850.01 $28,850 $50 $27,050.01 $29,050 $27,950.01 $29,950 $28,850.01 $30,850 $55 $29,050.01 $31,050 $29,950.01 $31,950 $30,850.01 $32,850 $60 $31,050.01 $33,050 $31,950.01 $33,950 $32,850.01 $34,850 $65 $33,050.01 $35,050 $33,950.01 $35,950 $34,850.01 $36,850 $70 $35,050.01 $37,050 $35,950.01 $37,950 $36,850.01 $38,850 $75 $37,050.01 $39,050 $37,950.01 $39,950 $38,850.01 $40,850 $80 $39,050.01 $40,068 $39,950.01 $41,950 $40,850.01 $42,850 $85 $41,950.01 $43,950 $42,850.01 $44,850 $90 $43,950.01 $45,950 $44,850.01 $46,850 $95 $45,950.01 $46,883 $46,850.01 $48,850 $100 $48,850.01 $50,850 $105 $50,850.01 $52,850 $110 $52,850.01 $53,698 200% FPIG $34,100 200% FPIG $39,900 200% FPIG $45,700
Weekly Family Size: 7 Family Size: 8 Family Size: 9 Co-pay Annual Income Annual Income Annual Income $5 Less than: $13,750 Less than: $16,650 Less than: $17,550 $10 $13,750.01 $15,750 $16,650.01 $18,650 $17,550.01 $19,550 $15 $15,750.01 $17,750 $18,650.01 $20,650 $19,550.01 $21,550 $20 $17,750.01 $19,750 $20,650.01 $22,650 $21,550.01 $23,550 $25 $19,750.01 $21,750 $22,650.01 $24,650 $23,550.01 $25,550 $30 $21,750.01 $23,750 $24,650.01 $26,650 $25,550.01 $27,550 $35 $23,750.01 $25,750 $26,650.01 $28,650 $27,550.01 $29,550 $40 $25,750.01 $27,750 $28,650.01 $30,650 $29,550.01 $31,550 $45 $27,750.01 $29,750 $30,650.01 $32,650 $31,550.01 $33,550 $50 $29,750.01 $31,750 $32,650.01 $34,650 $33,550.01 $35,550 $55 $31,750.01 $33,750 $34,650.01 $36,650 $35,550.01 $37,550 $60 $33,750.01 $35,750 $36,650.01 $38,650 $37,550.01 $39,550 $65 $35,750.01 $37,750 $38,650.01 $40,650 $39,550.01 $41,550 $70 $37,750.01 $39,750 $40,650.01 $42,650 $41,550.01 $43,550 $75 $39,750.01 $41,750 $42,650.01 $44,650 $43,550.01 $45,550 $80 $41,750.01 $43,750 $44,650.01 $46,650 $45,550.01 $47,550 $85 $43,750.01 $45,750 $46,650.01 $48,650 $47,550.01 $49,550 $90 $45,750.01 $47,750 $48,650.01 $50,650 $49,550.01 $51,550 $95 $47,750.01 $49,750 $50,650.01 $52,650 $51,550.01 $53,550 $100 $49,750.01 $51,750 $52,650.01 $54,650 $53,550.01 $55,550 $105 $51,750.01 $53,750 $54,650.01 $56,650 $55,550.01 $57,550 $110 $53,750.01 $55,750 $56,650.01 $58,650 $57,550.01 $59,550 $115 $55,750.01 $57,750 $58,650.01 $60,650 $59,550.01 $61,550 $120 $57,750.01 $59,750 $60,650.01 $62,650 $61,550.01 $63,550 $125 $59,750.01 $60,513 $62,650.01 $64,650 $63,550.01 $65,550 $130 $64,650.01 $66,650 $65,550.01 $67,550 $135 $66,650.01 $67,328 $67,550.01 $69,550 $140 $69,550.01 $71,550 $145 $71,550.01 $73,550 $73,550.01 $74,143 200% FPIG $51,500 200% FPIG $57,300 200% FPIG $63,100
Weekly Family Size: 10 Family Size: 11 Family Size: 12 Co-pay Annual Income Annual Income Annual Income $5 Less than: $18,450 Less than: $19,350 Less than: $20,250 $10 $18,450.01 $20,450 $19,350.01 $21,350 $20,250.01 $22,250 $15 $20,450.01 $22,450 $21,350.01 $23,350 $22,250.01 $24,250 $20 $22,450.01 $24,450 $23,350.01 $25,350 $24,250.01 $26,250 $25 $24,450.01 $26,450 $25,350.01 $27,350 $26,250.01 $28,250 $30 $26,450.01 $28,450 $27,350.01 $29,350 $28,250.01 $30,250 $35 $28,450.01 $30,450 $29,350.01 $31,350 $30,250.01 $32,250 $40 $30,450.01 $32,450 $31,350.01 $33,350 $32,250.01 $34,250 $45 $32,450.01 $34,450 $33,350.01 $35,350 $34,250.01 $36,250 $50 $34,450.01 $36,450 $35,350.01 $37,350 $36,250.01 $38,250 $55 $36,450.01 $38,450 $37,350.01 $39,350 $38,250.01 $40,250 $60 $38,450.01 $40,450 $39,350.01 $41,350 $40,250.01 $42,250 $65 $40,450.01 $42,450 $41,350.01 $43,350 $42,250.01 $44,250 $70 $42,450.01 $44,450 $43,350.01 $45,350 $44,250.01 $46,250 $75 $44,450.01 $46,450 $45,350.01 $47,350 $46,250.01 $48,250 $80 $46,450.01 $48,450 $47,350.01 $49,350 $48,250.01 $50,250 $85 $48,450.01 $50,450 $49,350.01 $51,350 $50,250.01 $52,250 $90 $50,450.01 $52,450 $51,350.01 $53,350 $52,250.01 $54,250 $95 $52,450.01 $54,450 $53,350.01 $55,350 $54,250.01 $56,250 $100 $54,450.01 $56,450 $55,350.01 $57,350 $56,250.01 $58,250 $105 $56,450.01 $58,450 $57,350.01 $59,350 $58,250.01 $60,250 $110 $58,450.01 $60,450 $59,350.01 $61,350 $60,250.01 $62,250 $115 $60,450.01 $62,450 $61,350.01 $63,350 $62,250.01 $64,250 $120 $62,450.01 $64,450 $63,350.01 $65,350 $64,250.01 $66,250 $125 $64,450.01 $66,450 $65,350.01 $67,350 $66,250.01 $68,250 $130 $66,450.01 $68,450 $67,350.01 $69,350 $68,250.01 $70,250 $135 $68,450.01 $70,450 $69,350.01 $71,350 $70,250.01 $72,250 $140 $70,450.01 $72,450 $71,350.01 $73,350 $72,250.01 $74,250 $145 $72,450.01 $74,450 $73,350.01 $75,350 $74,250.01 $76,250 $150 $74,450.01 $76,450 $75,350.01 $77,350 $76,250.01 $78,250 $155 $76,450.01 $78,450 $77,350.01 $79,350 $78,250.01 $80,250 $160 $78,450.01 $80,450 $79,350.01 $81,350 $80,250.01 $82,250 $165 $80,450.01 $80,958 $81,350.01 $83,350 $82,250.01 $84,250 $170 $83,350.01 $85,350 $84,250.01 $86,250 $175 $85,350.01 $87,350 $86,250.01 $88,250 $180 $87,350.01 $87,773 $88,250.01 $90,250 $185 $90,250.01 $92,250 $190 $92,250.01 $94,250 $94,250.01 $94,588 200% FPIG $68,900 200% FPIG $74,700 200% FPIG $80,500
[Pa.B. Doc. No. 00-560. Filed for public inspection March 31, 2000, 9:00 a.m.]
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