Intentional Program Violation (IPV) 400-19-137
Intentional Program Violation 400-19-137-05
(Revised 10/1/15 ML #3459)
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An Intentional Program Violation (IPV) is an action by an individual, for the purpose of:
- Improperly establishing or maintaining eligibility for assistance; or
- 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.
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
Any individual who is suspected of an IPV must be referred to:
- The Appeals Supervisor in the Legal Advisory Unit (LAU) for a determination of an IPV; or
- The court system for a determination of fraud
In order to determine an IPV, that individual must have intentionally committed one of the following:
- Any act or false statement intended to mislead, misrepresent, conceal, or withhold facts.
Examples:
- A source of income
- A household member
- Receiving or attempting to receive assistance in multiple states at the same time
- Falsified documents
- An asset
- Trafficking of the Electronic Payment Card or PIN
- Committed any act intended to mislead, misrepresent, conceal, or withhold facts that constitutes a violation of the TANF program or any State or Federal statute.
- 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.
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.
It is the act and not the amount of improper benefit received that must be considered. There is no requirement that an overpayment exist when pursuing IPV.
