Intentional Program Violation 400-19-135-10

(Revised 2/1/15 ML #3426)

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This has been renumbered to 400-19-137-05

 

 

An Intentional Program Violation (IPV) is defined as "an action by an individual, for the purpose of establishing or maintaining eligibility for TANF for increasing or preventing a reduction in the amount of assistance or 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”.

 

In order to determine if an individual(s) has committed an IPV, that individual must have intentionally:

1. Made a false or misleading statement, misrepresented, concealed, or withheld facts.

Examples:

• A source of income or assets
• A household member

2. Committed any act intended to mislead, misrepresent, conceal, or withhold facts that constitutes a violation of the TANF program or any State statute.

Example: Trafficking of the Electronic Payment Card or PIN

 

3. Used their TANF ReliaCard in a liquor store; a casino, gambling casino, or gambling establishment, or a retail establishment which provides adult-oriented entertainment in which performers disrobe or perform in an unclothed state of entertainment.

The use of the term "intentionally" in the regulations does not mean the TANF Eligibility Worker has the burden of proving that an individual intended to commit a fraudulent act. The TANF Eligibility Worker does not have to prove a deliberate intent to defraud. An individual’s signature on the application or monthly report attests to providing full information and to understanding the reporting requirements.

Example: Intent is satisfied if an individual is aware of the mandatory reporting requirements, but for whatever reason did not report.

 

If an individual does not report a change within five calendar days of such change, a program violation may have occurred. An IPV may exist regardless of whether an overpayment is established. There is no requirement that an overpayment exist when pursuing IPV.

 

If it is learned through the Income Eligibility Verification System (IEVS) or any other source and later verified that a recipient received earned income during a previous month or months when TANF was received and the income had not been reported, the case must be reworked for the month(s); and if it is determined to be an intentional program violation, the late penalty applies.