37.80.502    CHILD CARE OVERPAYMENT

(1) A child care provider or a parent who has reason to believe an overpayment or underpayment of child care assistance has occurred must notify the department within ten days.

(2) If an audit of the case shows monies received fall under ARM 37.80.506(1)(a), (b), (c), and (d), the department may recover the amount of any child care payment made to a child care provider or to a parent which is in excess of the amount to which the provider or parent was entitled.

(a) If an overpayment is due to an intentional program violation of the parent, the parent must repay the overpayment to the department.

(b) If an overpayment is due to any error, act, or omission of the provider, whether intentional or otherwise, the provider must repay the overpayment to the department.

(3) The parent must repay the overpayment to the department. Failure to be current on accounts will make the parent ineligible for child care assistance from the department.

(4) The provider must repay the overpayment to the department. Failure to be current on accounts will make the provider ineligible for child care assistance from the department.

(5) If an underpayment of child care payments occurs, the underpayment will be corrected by increasing the payment for the following month to cover the underpayment.

 

History: 52-2-704, 53-4-212, MCA; IMP, 52-2-704, 52-2-713, MCA; NEW, 1998 MAR p. 3117, Eff. 11/20/98; AMD, 2002 MAR p. 1989, Eff. 5/31/02; AMD, 2003 MAR p. 1306, Eff. 7/1/03; AMD, 2005 MAR p. 1057, Eff. 7/1/05; AMD, 2012 MAR p. 195, Eff. 1/27/12; AMD, 2014 MAR p. 599, Eff. 3/28/14; AMD, 2016 MAR p. 590, Eff. 4/9/16; AMD, 2018 MAR p. 1283, Eff. 7/7/18.