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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 § 3041.182. Eligibility agency responsibilities regarding overpayment.

§ 3041.182. Eligibility agency responsibilities regarding overpayment.

 (a)  The eligibility agency shall inform a parent or caretaker who files an appeal and requests subsidy continuation pending appeal, that if the hearing decision is in favor of the eligibility agency or the Department, the parent or caretaker shall reimburse the amount of the overpayment unless the hearing officer determines a hardship.

 (b)  The eligibility agency shall pursue possible overpayments in active and closed cases, including those that were voluntarily closed.

 (c)  The following are the responsibilities of the eligibility agency when exploring possible overpayments:

   (1)  Determination of whether the overpayment is the result of one of the conditions specified in §  3041.181 (relating to overpayment).

   (2)  Written assurance that the methods of exploring overpayments are appropriate to the particular situation and to the different eligibility factors.

   (3)  Assurance that the methods of exploring overpayments do not infringe on the civil liberties of individuals or interfere with the due process of law.

   (4)  Investigation of a credible complaint that a parent or caretaker is erroneously receiving subsidized child care.

   (5)  Identification and documentation of the causes of the overpayment.

   (6)  Computation of the amount of the overpayment.

   (7)  Referral of suspected fraud cases to the Office of Inspector General.

   (8)  Submission of an overpayment notice to the parent or caretaker as specified in §  3041.167 (relating to notice of overpayment).

 (d)  The eligibility agency shall refer all cases of suspected provider fraud to the Office of Inspector General.


   The provisions of this §  3041.182 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).


   The provisions of this §  3041.182 amended April 13, 2012, effective April 14, 2012, 42 Pa.B. 2000. Immediately preceding text appears at serial pages (312124) to (312125).

Cross References

   This section cited in 55 Pa. Code §  3041.186 (relating to collection); and 55 Pa. Code §  3041.188 (relating to collection for a family whose child is no longer in care).

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