Section 3041.188. Collection for a family whose child is no longer in care

(a) The eligibility agency shall collect the total amount of the overpayment as specified in § 3041.182 (relating to eligibility agency responsibilities regarding overpayment) from a family whose child is no longer receiving subsi-dized child care if the eligibility agency identifies an overpayment.

(b) If the Department, eligibility agency or other entity identifies an overpayment unrelated to fraud, for a family whose child is no longer receiving subsidized child care, the eligibility agency shall:

(1) Notify the Department of the subsidy termination date, the amount of the overpayment recouped and the amount outstanding. The Department will notify the parent or caretaker by letter of the overpayment, the amount of the outstanding overpayment and that repayment is required in either a single payment or under a payment plan agreeable to the parent or caretaker and the eligibility agency. The letter must state that the parent or caretaker has 10 calendar days to respond to the Department indicating agreement or disagreement and indicating the choice of a repayment method.

(2) Send a second letter that repeats the information contained in the letter specified in paragraph (1) when the Department notifies the eligibility agency that the parent or caretaker failed to respond. The second letter must also request a response from the parent or caretaker no later than 10 calendar days following the date of the letter.

(c) When the Office of Inspector General has determined fraud in a case when the child is no longer in care, the eligibility agency shall determine the collection methods in conjunction with the Office of Inspector General.

(d) The Department may institute civil legal proceedings when the parent or caretaker fails to respond to the second letter.

The provisions of this § 3041.188 amended April 13, 2012, effective April 14, 2012, 42 Pa.B. 2000. Immediately preceding text appears at serial pages (312126) to (312127).

Notation

Authority

The provisions of this § 3041.188 amended under sections 201(2), 403(b) and 403.1 of the Public Welfare Code (62 P. S. § § 201(2), 403(b) and 403.1).