How to Calculate a Parent Co-Payment

June 1, 2008

Author: Susan C. Antos

Part 1:   What does the law say?

Here is what the statute says:

Pursuant to Department regulations, child care assistance shall be provided on a sliding scale, based upon the family’s ability to pay.  Social Services Law 410-x(6).

Here is what the regulations say:

(f) Family share

 (l)  Each family receiving child care services, with the exception of a family
where the parent(s) or relative(s) is receiving public assistance, must contribute toward the costs of such services by paying a family share based upon the family’s income.  A family share also may be required of any family to recoup an overpayment for a child care services regardless of whether any member of the family is receiving public assistance.

(2) The income-based portion of the family share for child care services must be determined by the social services district in accordance with a sliding fee scale developed pursuant to paragraph (3) of this subdivision.  The overpayment portion of the family share, if any, must be reflected separately from any income-based portion of the family share and must be determined in accordance with section 415.4(i) of this Part.

(3) The sliding fee scale developed by the social services district must be calculated by subtracting the State income standard, as defined in section 415.1(k) of this Part, for the specific family size of the eligible family from the annual gross income of the eligible family, multiplying the remaining income by a factor of 10 to 35 percent, as selected by the social services district and included in the district’s consolidated services plan or integrated county plan, and dividing the product by 52 to determine a weekly family share.  The same percentage factor must be used for all families receiving child care services which are required to pay an income-based portion of a family share.  18 NYCRR 415.3(f)

(k) State income standard means the most recent Federal income official poverty line, as defined and actually revised by the United States Department of Health and Human Services under the authority of 42 U.S.C. 9902(2), updated by the department for a family size of four and adjusted by the department for family size.   18 NYCRR 415.1(k)
 
Part 2: What does this mean?

In plain English, the rules mean that a social services district takes the applicant’s gross household income, subtracts the poverty level for the household size, and then chooses a multiplier between 10% and 35% to apply against the balance.  The resulting number is the family’s yearly co-payment amount, which is divided by 52 to determine a weekly amount,

Here are some examples:

Orange County (35% multiplier):  Family of three with income of 175% of poverty:
$30,047.50

Albany County (25% multiplier):  Family of three with income of 175% of poverty:
$30,047.50

Westchester County (15% multiplier):  Family of three with income of 175% of poverty:
$30,047.50