§ 3042.163. Subsidy continuation during the appeal process.
(a) Subsidy continues at the prior level until the Department hears the appeal and makes a final decision, if the parent or caretaker does any of the following:
(1) Files an appeal that is postmarked or delivered no later than 10 calendar days after the date of the written notice.
(2) Appeals for a reason other than disruption of subsidy or a lack of funding.
(b) If subsidy continues as specified in subsection (a), the parent or caretaker shall continue to make timely payment of the copayment that was in effect prior to issuance of the written notice until the Department makes a final decision as specified in § 3042.91 (relating to general copayment requirements).
(c) If subsidy continues during the appeal process and the hearing officer finds in favor of the eligibility agency or the Department, the parent or caretaker shall reimburse the Department for the amount of the subsidy or increase in subsidy paid for child care from the proposed effective date of the written notice until the date subsidy is terminated or decreased, based on the final administrative action order.
Cross References This section cited in 55 Pa. Code § 3042.152 (relating to notice of right to appeal); 55 Pa. Code § 3042.164 (relating to parent or caretaker rights and responsibilities regarding appeal); and 55 Pa. Code § 3042.165 (relating to eligibility agency responsibilities regarding appeal).
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