Penalty for Intentional Program Violation (IPV) 400-28-160-40
(Revised 10/1/11 ML #3278)
View Archives
NDAC 75-02-01.3-12
Upon receipt of the hearing decision, the county shall impose the required penalty whether the case is currently open or closed. Once the disqualification penalty is imposed, the disqualification penalty period continues uninterrupted until completed regardless if the case is open or closed.
The start date of the disqualification period is determined by the Appeals Supervisor. Imposing the disqualification is required even if it means that some individuals may not be affected by the disqualification.
Note:Waived Co-pay (TANF, Diversion and Crossroads) individuals will not be affected by an IPV as their income is not considered. However, at the time the IPV is imposed, change the household size to reflect the individual as disqualified and at the end of the disqualification period, change the household size to include the individual. If during the disqualification period the family becomes subject to Co-pay requirements, the affects of the IPV will apply.
When an overpayment exists, regardless of the household’s eligibility for benefits, the household shall continue to be responsible for repayment of the overpayment which resulted from this violation.
The individual convicted of fraud is the only household member disqualified. Other household members may remain eligible.
When applying the disqualification penalty:
- The disqualified individual is removed from the household size.
- Income and allowable deductions of the disqualified individuals continue to be considered when determining eligibility for the remaining household members.
Overpayments are recovered through a reduction of the Child Care Assistance Program payment. The rate of recovery for IPV is 20%.
When a disqualification penalty is imposed, the certificate must be updated to remove the disqualified individual from the household size. The disqualified individual’s income and allowable deductions continue to be used.
