To determine the amount of child care assistance the family and/or provider were actually eligible to receive, examine the following:
Child Care Assistance Program policies change over time. Consider the policies in place at the time an action occurred when determining whether an overpayment occurred and the amount of an overpayment. In some cases, changes that occurred before a policy changed but were processed after a policy changed may besubject to new policies. This may be appropriate and is not be a reason for an overpayment. Contact your policy specialist if you have questions.
If care took place prior to the effective date of the current standard maximum rates you should apply the expired maximum rates in effect at the time care was provided. Use expired rates only for overpayment calculation and case review correction plans.
If care took place prior to the current copayment schedules, consult previous copayment schedules.
Maximum rates in place February 3, 2014 – current
Expired maximum rates in place November 28, 2011 – February 2, 2014
Expired maximum rates in place July 1, 2006 – November 27, 2011
Contact your agency’s CCAP Policy Specialist at the Department of Human Services for previous copayment schedules.
The amount of the overpayment is the difference between the child care assistance payments that the family and/or provider received and the child care assistance payments that the family and/or provider were actually eligible to receive. The worker must include all amounts that were overpaid when determining the amount of the overpayment, regardless of how long ago the payments occurred.
Workers must determine the Discovery and Established Dates as part of the process of calculating a claim. See DISCOVERY DATE and ESTABLISHED DATE in Chapter 2 (Glossary). Examples of documents needed to calculate a claim could be paystubs, W-2s, or employer statements.
When a family reports changes in their circumstance within 10 calendar days of the change, there will be no overpayment. An exception would be when the CCAP agency does not respond to a reported change within 10 calendar days. If this happens there may be an overpayment due to agency error. The overpayment would be calculated allowing for a notice period. Agencies must act on all changes within 10 calendar days from the date the change was reported or becomes known to the agency. See Chapter 8.3.3 (Agency responsibilities for family reporting).
If an Employment Plan is modified, the job counselor should notify the CCAP worker of the change within 10 calendar days of the date of the modified plan. If the CCAP worker is NOT notified of the modified plan timely and the family receives more care than they were eligible for, an agency error overpayment would be calculated. If the family is still receiving CCAP, allow for a 15 day notice period prior to starting recoupment of the overpayment.
When the family does not report required changes in their circumstance within 10 calendar days there may be an overpayment. The overpayment would be calculated beginning on the date the change occurred. If a family experiences a change but is not required to report the change, there is not an overpayment for failure to report. See Chapter 8.3 (Reporting requirements). A family’s reporting type determines what they are required to report. See Chapter 8.3.6 (Reporting types).
If the change is due to increased income, the overpayment may be calculated differently depending on the following circumstances:
The CCAP agency may not charge interest on overpayments of child care assistance benefits. See Chapter 14.9.12 (Civil recovery -– Families).
When a family received child care assistance for a period of time when the family was not eligible, the amount of the overpayment is the total amount of child care assistance paid during the time period of ineligibility. If a family reported a change timely and the agency did not act on the change, the overpayment would exclude the allowable notice period.
If a family becomes ineligible for child care assistance and wants to receive child care assistance in the future, the family is required to reapply and meet entrance income limits.
Sometimes it is discovered that a family who continuously received child care assistance was ineligible for a period of that time. The time when the family was again eligible begins with the next time the family supplied information that established their eligibility (subsequent period of time).
Assess an overpayment for the period of ineligibility and determine if an overpayment exists for the subsequent period of time.
If the family was receiving Minnesota Family Investment Program (MFIP) child care:
If the family was receiving Basic Sliding Fee (BSF), Transition Year (TY), Transition Year Extension (TYE) or Portability Pool (PP) child care:
If the period of ineligibility was longer than the time period allowed for temporary ineligibility, determine whether the family’s income was below the entrance income limit for the family size at the beginning of the subsequent period of time when the family met the eligibility requirements.
Family was on child care assistance from January 1 to November 30. Family met eligibility requirements from January 1 to May 31. Family did not meet eligibility requirements from June 1 to September 30 (for example the parent was not in an authorized activity for more than the 3 month period allowed under Extended Eligibility). Family met eligibility requirements from October 1 to November 30.
For all subprograms an overpayment would be assessed for the time period of June 1 through September 30 (if the family reported the change timely, an overpayment would not be assessed for the allowable notice period). In this scenario the period of ineligibility is greater than the time period allowed for temporary ineligibility. To determine whether an overpayment should be assessed for the time period of October 1 through November 30:
Minnesota Statutes 119B.011
Minnesota Statutes 119B.11
Minnesota Statutes 16D.13
Minnesota Statutes 549.09
Minnesota Rules 3400.0187