Types of Intentional Program Violations 400-19-135-20

(Revised 1/1/11 ML #3246)

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An IPV disqualification can be established in the following three ways:

1. Administrative Disqualification Hearing (ADH) is pursued when an individual is suspected of intentionally withholding information that results in improperly establishing or maintaining eligibility for TANF benefits. ADH procedures should be initiated in instances when there is sufficient documentary evidence to substantiate that an individual has committed one or more acts of intentional program violation.
2. Waiver of Hearing - An individual has the right to waive an Administrative Disqualification hearing.  The worker must possess sufficient evidence to warrant holding a disqualification hearing before allowing an individual to waive the hearing.

• Waiver A - Allows an individual to admit to the facts and accept the disqualification period.
• Waiver B – Allows an individual to accept the disqualification without admitting to the facts.

In order to waive their Administrative Disqualification Hearing, the individual must sign either part A or B of the waiver located on Page 3 of SFN 1940, TANF/SNAP Notice of Intentional Program Violation. A signed waiver is a statement that the household has been informed a disqualification penalty will result.

 

Section 400-19-135-30, Initiating Administrative Disqualification Hearing Process, explains the Administrative Disqualification Hearing process.

2. Court Conviction – Fraud is a result of an individual being convicted in federal or state court of having made a fraudulent statement or representation which results in improperly establishing or maintaining eligibility for TANF benefits.

 

Upon receipt of the judgment:

• If the judgment includes a TANF disqualification period, impose the disqualification following the TANF disqualification timeframes. (See Section 400-19-135-40, Disqualification Time Frames.)

• If the judgment does not include a disqualification period, the TANF Eligibility Workers must forward the following information to the Appeals Supervisor to process the findings under the Intentional Program Violation (IPV) provisions:

• Criminal Complaint;
• Judgment or Order; and
• A cover letter detailing the violation and providing the name, address, and Vision Case and Client ID # number. Inclusion of any prior disqualifications should also be noted.

The Appeals Supervisor must then process the Findings and Order for the disqualification which the Executive Director signs.

 

Upon receipt of the Findings and Order, signed by the Executive Director of the Department, the TANF Eligibility Worker must impose the disqualification following the TANF disqualification timeframes. (See Section 400-19-135-40, Disqualification Time Frames.)

3. Disqualification for Fraudulent Representation of Residence – Any individual convicted in federal or state court after July 1, 1997, of having made a fraudulent statement or representation with respect to their place of residence in order to receive TANF, Medicaid, SNAP or SSI simultaneously from two or more states shall be disqualified from TANF for a period of 10 years, effective the date of conviction. In addition to the court conviction, the individual shall also be referred for an Intentional Program Violation (IPV). Since the individual was convicted in federal or state court, the period of disqualification for the IPV will remain 10 years if it is the individual’s first or second, and permanently, if it is the individual’s third.

• If the court conviction does not include the period of disqualification, the TANF Eligibility Worker must forward the following information to the Appeals Supervisor to process the findings under the Intentional Program Violation (IPV) provisions:  

• Criminal Complaint;
• Judgment or Order; and
• A cover letter detailing the violation and providing the name, address, and Vision Case and Client ID # number. Inclusion of any prior disqualifications should also be noted.

• Upon receipt of the Findings and Order, signed by the Executive Director of the Department, the period of disqualification for the IPV will remain 10 years if it is the individual's first or second, and permanently, if it is the individual's third.

 

If an individual is not convicted in federal or state court, but has made a fraudulent statement or representation after July 1, 1997, with respect to their place of residence in order to receive TANF simultaneously from two or more states, the 10 year penalty cannot be applied. However, the individual shall be referred for Intentional Program Violation (IPV). If it is the individual’s first IPV, the disqualification penalty is 1 year, if it is the second IPV, the disqualification penalty shall be 2 years. If it is the individual’s third IPV, the penalty is a permanent disqualification.

 

Regardless of the type of IPV, the appropriate Notice of Disqualification must be sent to the household notifying the household that an individual is disqualified and/or assistance will be reduced or ended. The conviction and disqualification information and copies of supporting documents (including conviction information) must be recorded in the casefile. If a disqualified person moves from one county to another, include disqualification information in the case transfer information.

 

After a disqualification hearing, there are no further appeal procedures available through the Administrative Hearing Process. The determination of Intentional Program Violation cannot be reversed by a subsequent hearing. The individual, however, is entitled to seek relief in a court of appropriate jurisdiction. The period of disqualification may be subject to stay or other action which would delay the imposition of the disqualification.