Pennsylvania Code & Bulletin

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 53 Pa.B. 3392 (June 24, 2023).

55 Pa. Code § 3041.173. Subsidy continuation during the appeal process.

§ 3041.173. Subsidy continuation during the appeal process.

 (a)  Subsidy continues at the prior level until the appeal is heard and a final decision is made by the Department, if the parent or caretaker does both of the following:

   (1)  Files an appeal that is postmarked or received 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 co-payment that was in effect prior to issuance of the notice of adverse action until a final decision is made by the Department, as specified in §  3041.101 (relating to general co-payment 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 adverse action until the date subsidy is terminated or decreased, based on the final administrative action order.

Cross References

   This section cited in 55 Pa. Code §  3041.162 (relating to notice of right to appeal); 55 Pa. Code §  3041.174 (relating to parent or caretaker rights and responsibilities); and 55 Pa. Code §  3041.175 (relating to eligibility agency responsibilities regarding appeal).

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