Intentional Program Violation (IPV) 400-19-135

This has been renumbered to 400-19-137

 

Overview 400-19-135-05

(Revised 2/1/15 ML #3426)

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Any individual who is suspected of withholding information for the purpose of improperly establishing or maintaining eligibility for benefits shall be referred to the Administrative Disqualification Hearings Officer for a determination of an IPV or the court system for a determination of fraud.

 

TANF Eligibility Workers must pursue IPV’s and may refer to the state's attorney any household suspected of fraudulently obtaining or attempting to obtain assistance. It is the act and not the amount of improper benefit received that must be considered.

 

Any individual who is suspected of having used their TANF ReliaCard in a liquor store; a casino, gambling casino, or gaming establishment, or a retail establishment which provides adult-oriented entertainment in which performers disrobe or perform in an unclothed state of entertainment shall be referred to the Administrative Disqualification Hearings Officer for a determination of an IPV.

EXCEPTION: An IPV will NOT be pursued against a TANF recipient who uses their TANF Reliacard in any liquor store; any casino, gambling casino, or gaming establishment, or any retail establishment which provides adult-oriented entertainment in which performers disrobe or perform in an unclothed state of entertainment when:

• A recipient of TANF does not have any adequate access to their cash assistance other than one of the establishments listed above; or
• A recipient of TANF does not have access to using or withdrawing assistance with a minimal fee or charge, including an opportunity to access assistance with no fee or charge.

When pursuing an IPV, the TANF Eligibility Worker must give the individual notice if there are unresolved questions, provide the individual an opportunity to reply to those questions, advise the individual of the right of appeal, and note the possible need to refer the matter to the state's attorney if a referral is applicable. If the TANF Eligibility Worker concludes that the recipient's failure to disclose full and accurate information or misuse of their TANF ReliaCard may have been intentional, a referral of all relevant information, whether or not confidential, is proper and consistent with the necessary administration of the program.

 

Suspected fraud violations occurring on Indian reservations should be referred to the state's attorney. If the state’s attorney’s office does not have jurisdiction over the matter, the case will be referred to the U.S. Attorney's office that has jurisdiction on that reservation. If the state's attorney does not refer the matter to the U.S. Attorney's office, the county social service office should do so.