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Minnesota Department of Human Services Child Care Assistance Program (CCAP) Policy Manual
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14.6 Amount of Overpayment

ISSUE DATE: 10/2017

To determine the amount of child care assistance the family and/or provider were actually eligible to receive, examine the following:

  • · Eligibility
  • · Copayment amount
  • · Authorized hours
  • · Payment amount
  • 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.

    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

    Maximum rates in place February 3, 2014 – current

  • · Standard Maximum Rates – No Quality Differential DHS-6441B (PDF)
  • · 15 Percent Quality Differential Maximum Rates DHS-6442B (PDF)
  • · 20 Percent Quality Differential Maximum Rates DHS-6824 (PDF)
  • Expired maximum rates in place November 28, 2011 – February 2, 2014

  • · Standard Maximum Rates – Non-accredited DHS-6441A (PDF)
  • · Maximum Rates with Accredited/Credential Differential (15 percent differential) DHS-6442A (PDF)
  • Expired maximum rates in place July 1, 2006 – November 27, 2011

  • · Standard Maximum Rates – Non-accredited DHS-6441 (PDF)
  • · Maximum Rates with Accreditation/Credential Differential (15 percent differential) DHS-6442 (PDF)
  • Copayment schedules

  • · Copayment Schedules in effect October 9, 2017 – current DHS-6413F (PDF)
  • · Expired Copayment Schedules in effect October 10, 2016 – October 8, 2017 DHS-6413E (PDF)
  • · Expired Copayment Schedules in effect October 12, 2015 – October 9, 2016 DHS-6413D (PDF)
  • · Expired Copayment Schedules in effect October 13, 2014 – October 11, 2015 DHS-6413C (PDF)
  • Contact your agency’s CCAP Policy Specialist at the Department of Human Services for previous copayment schedules.

    Determining the overpayment

    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 county 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, an agency error overpayment would be calculated allowing for a notice period.

    When the family does not report 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 the change is due to increased income, the overpayment may be calculated differently depending on the following circumstances:

  • · If an overpayment was due to increased income exceeding 85% SMI that occurred during a period of ongoing eligibility, the overpayment would be calculated starting with the first biweekly period after the date the increased income was first received.
  • · If an overpayment was due to increased income that occurred at the same time as a new application:
  • - If the applicant was working and receiving income prior to the application date, but they failed to report it on the application – calculate the overpayment back to the application date.
  • - If the applicant was working prior to the application date, but they did not receive their first paycheck until after the application date, and they failed to list the job on the application – calculate the overpayment starting with the first biweekly period after the applicant received their first check.
  • The CCAP agency may not charge interest on overpayments of child care assistance benefits. See Chapter 14.9.12 (Civil recovery -– Families).

    Ineligibility

    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:

  • · An overpayment would only be assessed for the period of ineligibility. There would not be an overpayment assessed for the subsequent period of time when the family met eligibility requirements.
  • 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 shorter than the time period allowed for temporary ineligibility, an overpayment should only be assessed for the period of ineligibility. There would not be an overpayment assessed for the subsequent period of time when the family met eligibility requirements. See Chapter 8.6 (Temporary Ineligibility)
  • 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.

  • · If the family’s income was at or below the entrance income limit for their family size at the beginning of the subsequent period of time when the family met eligibility requirements, an overpayment should only be assessed for the period of ineligibility. An overpayment should not be assessed for the subsequent period of time when the family met eligibility requirements.
  • · If the family’s income was above the entrance income limit for their family size at the beginning of the subsequent period of time when the family met eligibility requirements an overpayment should be assessed for the period of ineligibility:
  • · If the family’s income was above the entrance income limit for their family size during the entire subsequent period of time, an overpayment should be assessed for the entire period, in addition to the period of ineligibility.
  • OR
  • · If the family’s income was above the entrance income limit for their family size at the beginning of the subsequent period of time, but at a later date was at or below the entrance income limit for their family size, an overpayment should be assessed for the beginning of the subsequent period of time when their income was above the entrance income limit for their family size, in addition to the period of ineligibility. An overpayment would not be assessed for the later period of time beginning when the family’s income was at or below the entrance income limit for their family size.
  • Example

    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). 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:

  • · For MFIP cases, an overpayment should not be assessed for October 1 to November 30.
  • · For BSF, TY, TYE and Portability Pool cases:
  • - If the family’s income was at or below the entrance income limit for their family size on October 1, an overpayment should not be assessed for the time period of October 1 to November 30.
  • - If the family’s income was above the entrance income limit for their family size on October 1 and continued to be above the entrance income limit, an overpayment should be assessed for the time period of October 1 through November 30.
  • - If the family’s income was above the entrance income limit for their family size on October 1, but was below the entrance income limit for their family size at a later time, for example November 1, an overpayment should be assessed for the time period of October 1 to October 31. An overpayment should not be assessed for the time period of November 1 through November 30.
  • Legal authority

    Minnesota Statutes 119B.011
    Minnesota Statutes 119B.11
    Minnesota Statutes 16D.13
    Minnesota Statutes 549.09
    Minnesota Rules 3400.0187

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