Calculating Allowable Child Care Hours 400-28-80-10

(Revised 5/1/15 ML #3439)

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To calculate the Level of Care, the eligibility worker must determine the actual allowable hours by:

• Determining the weekly allowable activity hours for the caretaker for each activity
• Determining the weekly schedule for each child
• Determine each child's Level of Care using the caretaker’s schedule and the child’s schedule
  • Any weekly hours the caretaker is participating in an allowable activity and the child needs care during the time the caretaker is in the allowable activity will determine the child's hours of needed care per week.
  • The child's hours of needed care per week determine the Level of Care of full time, part-time, or hourly.

 

When determining the caretaker's activity schedule:

• If the caretaker has a set schedule and the schedule is not questionable, use the caretaker's schedule to calculate each child's hours of needed care per week.
• If the caretaker does not have a set schedule and informs the Eligibility Worker of their schedule, if the schedule is not questionable, use the caretaker's schedule for the same month the income is used to calculate each child's hours of needed care per week.
• If the caretaker does not have a set schedule and the caretaker provides a schedule that is questionable, the caretaker must provide verification of the schedule for the same month as the income is used. Use the caretaker's verified schedule to determine each child's hours of needed care per week.

 

The following methods must be used to determine the weekly allowable activity hours of the caretaker’s activity:

1. Work Hours Calculation

Weekly work hours are determined by using verified paystubs, employer’s statements, etc. Refer to 400-28-80-15, Travel Time and Lunch Break Calculation, to determine additional allowable hours.

If the caretaker is engaged in ongoing employment:

• Paystubs from the month of application are used if all are available and are reflective of the anticipated work hours.
• If paystubs from the month of application are available and are not reflective of the anticipated work hours, the caretaker must provide verification of the anticipated work hours and these hours will be used to determine the weekly allowable activity hours.
• If all paystubs from the month of application are not available paystubs from the month prior to the application month are used if they reflect the anticipated work hours.
• If paystubs from the month prior to the application month are not reflective of the anticipated work hours, the caretaker must provide verification of anticipated work hours and these hours will be used to determine the weekly allowable activity hours.

If the caretaker begins new employment the caretaker must provide verification from the employer of the anticipated weekly work hours.

Once hours have been established, the worker must calculate the weekly average hours for the allowable activity of the caretaker.

To calculate the number of weekly work hours the following methods are used:

• For individuals who are paid weekly, the total number of work hours shown on all pay stubs received in the month are divided by the number of pay stubs in the month to arrive at the average weekly hours worked.
• For individuals who are paid bi-weekly, the total number of work hours shown on the pay stubs received in the month are divided by the number of pay stubs received in that month to arrive at the average number of work hours per pay period. The pay period total hours are then divided by 2 to arrive at the average weekly hours worked.
• For individuals who are paid semi-monthly, the total number of work hours shown on both pay stubs received in the month are divided by the number of pay stubs received in that month to arrive at the average number of work hours per pay period. The pay period total hours are then divided by 2 to arrive at the average weekly hours worked.
• For individuals who are paid monthly, the total number of work hours shown on the pay check received in the month are divided by 4 to arrive at the average, weekly hours worked.
• For individuals who are paid on an irregular basis, the total number of work hours shown on the paystub(s) received in the month are divided by 4 to arrive at the average weekly hours worked. (e.g. Individuals who work on call, as needed, etc.)

If an employer verifies a range of work hours, the higher number of work hours verified will be used as the allowable activity hours for the caretaker.

Note: The pay stubs, employer statement, work schedule, etc., that was used to determine the income eligibility must be the same paystubs, employer statement, work schedule, etc., that is used to determine allowable activity hours.

For individuals who are self-employed, the individual must provide a schedule completed by the individual, listing the hours the individual will participate in their self-employment activity for the month of application and the month prior to the month of application.

• The hours for the month of application are used if they are reflective of the anticipated work hours.
• If the hours from the month of application are not reflective for the future, the hours from the month prior to the application month are used if they reflect the anticipated work hours.
• If the hours from the month of application or the month prior to the month of application are not reflective of the anticipated work hours, the caretaker must provide a schedule, completed by the individual, listing the hours anticipated to work for the future month.

2. Student Hours Calculation

The number of credit hours a student is enrolled must be verified by a class schedule. Each credit will be multiplied by 2 and the total will represent the number of hours per week the student is considered engaged in an education activity. Refer to 400-28-80-15, Travel Time and Lunch Break Calculation to determine additional allowable hours.

Example: A student's class schedule verifies 12 credit hours. Multiplying each credit by 2 results in 24 hours per week as the student's allowable child care hours. The student is allowed travel time and lunch break time. 24 allowable hours x 25% for travel and lunch break equals 6 hours. 24 hours plus 6 travel and break time hours equals 30 hours. 30 hours per week may be used for both class attendance and study time. However, the class attendance and claimed study time cannot exceed the number of hours that have been determined.

Students who attend classes that are NOT based on credit hours or are enrolled in an accelerated degree program must have their hours verified based on a class schedule that lists the hours the individual is required to attend class. Refer to 400-28-80-15, Travel Time and Lunch Break Calculation to determine additional allowable hours.

Example: An individual is attending Beauty School and attends class from 8:30 am to 5:00 pm Monday through Thursday and from 8:00 am to 12:00 pm on Friday, based on their class schedule. The student is allowed 38 hours per week of allowable activity hours.

 

Example: A student enrolled in an accelerated degree program attends class from 8:00 am to 12:00 pm Monday through Thursday for 8 weeks based on the class schedule. The total allowable class hours per week is 16 hours. The student is allowed travel time and lunch break time. 16 allowable hours x 25% for travel and lunch break equals 20 hours per week that may be used for both class attendance and study time. However, the class attendance and claimed study time cannot exceed the number of hours that have been determined.

Hours can be allowed for a caretaker in education who has a break of less than a full calendar month between terms, if the provider charges for time during the break.

Example: An individual was in education from August through early December and will return to school in January. The provider continues to charge the individual during the break. The same level of care should continue during the semester break so as to not disrupt the family’s child care availability.

For online classes, two (2) hours will count for each credit hour per week a student is enrolled in an allowable education activity. Generally the computer tracks the amount of time an individual participates in an on-line course and is recorded by the college. In these situations, the college would have record of the amount of time an individual participated in the on-line courses. Whether the computer tracks the hours or not, an individual participating in an online class must provide a schedule completed by the individual listing the hours the individual will participate in the online classes.

 

Allowable hours for students who are attending high school or GED must be verified by a class schedule. Refer to 400-28-80-15, Travel Time and Lunch Break Calculation to determine additional allowable hours.

 

To calculate any type of school hours:

• The hours for the month of application are used if they are reflective of the class hours
• If the hours from the month of application are not reflective for the future, the hours from the month prior to the application month are used if they are reflective of the anticipated class hours
• If the hours from the month of application or the month prior to the month of application are not reflective of the anticipated class hours, the caretaker must provide a schedule of the anticipated class hours. For online classes, the caretaker must provide a schedule completed by the individual listing the hours anticipated to participate in the on-line classes for the future month.

The above would also apply at time of review, when adding an individual into a case and when changing a case from Waived Co-Pay to Co-Pay.

3. Job Search Hours Calculation

Up to 20 hours a week can be allowed for job search. The cartaker(s) must provide a written statement stating the number of hours they will be participating in job search each week. See policy in Section 400-28-55-05 Allowable Activities for additional information regarding Job Search. No additional hours are allowed for travel and breaks.

NOTE: This does not apply to JOBS and Tribal NEW recipients as the Employability Plan determines the allowable hours.

Hours that cannot be used to calculate allowable hours for the Level of Care include:

• The provider is absent for any reason (e.g. such as medical, holiday, vacation, temporary illness)
• The caretaker(s) is absent from the allowable activity for any reason (e.g. such as medical, holiday, vacation, maternity leave, temporary illness)

Exceptions:

• If the absence meets the criteria in Section 400-28-80-25, Absent Days for Illness section of this manual
• If the hours for a college student meets the criteria in Section 400-28-80-10