Section 408.3 - Copayments for subsidized child care(a)Notwithstanding any other provision of law or departmental regulation, the parent or caretaker of a child enrolled in subsidized child care shall pay a copayment for the subsidized child care based on a percentage of the family's annual income as specified in a copayment schedule established by the department pursuant to this section.(b) The department shall publish a notice setting forth the copayment schedule in the Pennsylvania Bulletin.(c) In establishing the copayment amounts pursuant to this section, all of the following shall apply:(1) Copayments shall be on a sliding scale based on a percentage of the family's annual income taking into account federal poverty income guidelines. copayments shall be updated annually.(2) At the department's discretion, copayments may be imposed: (i) for each child enrolled in subsidized child care;(ii) based upon family size; or(iii) in accordance with both subparagraphs (i) and (ii).(3) Copayment amounts shall be a minimum of five dollars ($5) per week and shall increase in incremental amounts, based on a percentage of the family's annual income, as determined by the department .(3.1) At initial application, the family's annual income may not exceed two hundred percent of the Federal poverty income guidelines.(3.2) After an initial determination or redetermination of eligibility, a child shall continue to be enrolled in subsidized child care for twelve months regardless of either of the following: (i) A temporary change in the parent or caretaker's status as working or attending a job training or educational program.(ii) An increase in the family's annual income, if the income does not exceed eighty-five percent of the State median income for a family of the same size.(4) Subject to subsection (e), a family's annual copayment under either paragraph (1) or (2) shall not exceed:(i) eight percent of the family's annual income if the family's annual income is one hundred percent of the federal poverty income guideline or less; (ii) eleven percent of the family's annual income if the family's annual income exceeds one hundred percent of the federal poverty income guideline, but is not more than two hundred fifty percent of the federal poverty income guideline;(iii) thirteen percent of the family's annual income if the family's annual income exceeds two hundred fifty percent of the Federal poverty income guideline, but is not more than two hundred seventy-five percent of the Federal poverty income guideline; or(iv) beginning after July 1, 2017, fifteen percent of the family's annual income if the family's annual income exceeds two hundred seventy-five percent of the Federal poverty income guideline, but is not more than three hundred percent of the Federal poverty income guideline or eighty-five percent of the State median income, whichever is lower. (5) Notwithstanding this subsection, beginning with state fiscal year 2012-2013, the department may adjust the annual copayment percentages specified in this subsection by promulgation of final-omitted regulations under section 204 of the Act of July 31, 1968 (P.L.769, No.240), referred to as the "Commonwealth Documents Law."(6) Subject to subsection (e), at a redetermination, after June 30, 2017, a family that exceeds the minimum work requirements as a result of each parent or caretaker or, in the case of a single parent household, as a result of the sole parent or caretaker, by working additional wage-earning hours shall have a reduced copayment, not to be less than that which is set forth under paragraph (3). This paragraph shall apply only to a family that, after mutually qualifying for and receiving subsidized child care and being current on the required copayments as set forth in this subsection, increases its average work week after the effective date of this paragraph and has increased the family's annual income as a result of working additional wage-earning hours. The copayment deduction shall be applied as follows: (i) For an average work week of at least twenty-five wage- earning hours per parent or caretaker, a three-quarters of one percent deduction from the amount set under this subsection.(ii) For an average work week of at least thirty wage- earning hours per parent or caretaker, a one and one-halfpercent deduction from the amount set under this subsection.(iii) For an average work week of at least thirty-five wage- earning hours per parent or caretaker, a two and one-quarter percent deduction from the amount set under this subsection.(iv) For an average work week of at least forty wage-earning hours per parent or caretaker, a three percent deduction from the amount set under this subsection.(7) At its redetermination of eligibility, a parent or caretaker shall provide documentation of its average work week hours to receive the child care copayment deduction. The department shall apply the copayment deduction after receiving the required documentation.(8) A family that has previously qualified for a deduction in the child care copayment shall continue to remain eligible for the copayment deduction if:(i) the family's annual income does not exceed three hundred percent of the Federal poverty income guideline or eighty-five percent of the State median income, whichever is lower;(ii) the parent or caretaker has been in compliance with paragraph (7);(iii) the parent or caretaker continues to exceed the minimum work requirements by working additional wage-earning hours;(iv) the family's annual income has increased as a result of working additional wage-earning hours; and(v) the parent or caretaker is current and remains current with making its copayment to the child care provider.(9) The average work week of a family shall be calculated by reviewing the family's income statements and taking the number of hours worked per parent over a twelve-month period anddividing by fifty-two.(d) Notwithstanding subsection (a) or (c), a parent or caretaker copayment may be adjusted in accordance withdepartment regulations. (e) To the extent that money is appropriated for the purpose, the department shall increase eligibility under subsection (c)(4) for subsidized child care from two hundred thirty-five percent of the Federal poverty income guideline up to three hundred percent of the Federal poverty income guideline and shall apply a copayment deduction under subsection (c)(6). The department shall not be required to maintain eligibility above two hundred thirty-five percent of the Federal poverty income guideline or apply a copayment deduction unless funding is appropriated by the General Assembly.(f) As used in this section, "wage-earning hours" means hours for which an individual is financially compensated by an employer. The term does not include hours spent volunteering, in education or in job training, unless those hours are compensated as a condition of employment.Amended by P.L. TBD 2015 No. 92, § 3, eff. 12/28/2015.1967, June 13, P.L. 31, No. 21, art. 4, § 408.3, added 2011, June 30, P.L. 89, No. 22, § 2, effective July 1, 2011.