Mispresentation of Residence 400-19-45-95-15

(Revised 6/1/10 ML #3218)

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Part A, Section 408 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 implemented a provision which prohibits a State to which a grant is made under section 403 from using any part of the grant  to provide cash assistance to an individual during the 10-year period that begins on the date the individual is convicted in Federal or State court of having made a fraudulent statement or representation with respect to the place of residence of the individual, in order to receive TANF, Medicaid, SNAP or SSI simultaneously from 2 or more States.

Note: This provision does not apply with respect to a conviction of an individual, for any month beginning after the President of the United States grants a pardon with respect to the conduct which was the subject of the conviction.

 

Any individual convicted in federal or state court of having made a fraudulent statement or representation after July 1, 1997, 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). (See Section 400-19-135-20, Types of Intentional Program Violations.)  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.

Note: If the individual was not in receipt of TANF when convicted in federal or state court of receiving Medicaid, SNAP and/or SSI in 2 states simultaneously, a 10-year penalty must be imposed for TANF.

 

If an individual is not convicted in federal or state court after July 1, 1997, but has made a fraudulent statement or representation, 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. (See Section 400-19-135-20, Types of Intentional Program Violations.)

 

Individuals convicted of Misrepresentation of Residence who are disqualified from receiving TANF assistance continue to have their income and assets considered when determining eligibility for remaining household member(s). Disqualified individuals are permitted applicable income disregards (i.e., standard employment expense allowance, employment incentive disregard and work-related child/adult dependent care). Individuals participating in the JOBS program are eligible for Supportive Services.