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Child Care Assistance Program Policy Manual Issued 07/2023 Continuation of benefits 15.15 Benefits pending appeal In some cases, families or providers may choose to continue receiving benefits at the same level during the appeal process. Continuation for families Do not terminate a family’s child care assistance or take the adverse action, if: • The family appeals before the effective date of the adverse action, or within 10 days of the date the on the notice, whichever is later AND • The family chooses to continue receiving benefits. If a notice period ends on a Saturday, Sunday or holiday, consider an appeal request made on the next working day to be timely. If a change not related to the issue under appeal occurs while benefits are continuing, notify the family of any adverse action. Take the action unless it is also appealed timely. The family continues to receive benefits until the Appeals Division issues a hearing decision, another change occurs which requires an adjustment, or the family requests to stop receiving benefits, whichever occurs first. Notification of potential overpayment for families Families receive Appeal rights (DHS-3353) with termination and adverse action notices for actions taken against them. These appeal rights notify the family that child care assistance paid pending an appeal will be an overpayment if the appeal finds that the family was not eligible for the amount of child care assistance paid. A family may choose not to continue receiving benefits pending appeal, even if they appeal timely. See Chapter 15.18 (Effect of Appeal Decision) for information on when a family who continued to receive benefits during the appeal process loses the appeal. Continuation for providers Payments pending a fair hearing If a provider is entitled to a fair hearing and the provider appeals an adverse action before the effective date, postpone the action until after the hearing, unless: • The provider chooses not to receive child care assistance pending appeal. • The provider is appealing the basis for an overpayment, the amount of an overpayment, and/or the level of recoupment or recovery. Recovery of a provider overpayment, including recoupment for active providers, must continue pending appeal. See Chapters 14.9 (Recovery Methods) and 14.9.9 (Recoupment – Providers). • The provider’s registration was closed or denied based on a licensing action. When this happens, the provider’s: