Penalty for Intentional Program Violation (IPV) 400-28-160-40
(Revised 4/1/14 ML #3401)
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NDAC 75-02-01.3-12
Upon receipt of the hearing decision, the county shall impose the required. Once the disqualification penalty is imposed, the disqualification penalty period continues uninterrupted until completed.
The start date of the disqualification period is determined by the Appeals Supervisor.
An individual who is disqualified due to an IPV is not allowed to participate in the Child Care Assistance Program during the IPV disqualification period:
- If a disqualified individual applies for CCAP as a caretaker, the application is denied and the entire CCAP unit is ineligible.
- If a disqualified individual is a household member in an application or in an ongoing case, the entire CCAP unit is ineligible.
- Exception: Individuals who apply for or are receiving assistance through a federal or state funded program and require child care in order to participate in that federal or state funded program are eligible to receive child care through CCAP in a month they are subject to an IPV disqualification. Individuals that apply for or are receiving TANF, Transition, Diversion, or Crossroads are eligible to receive child care during an IPV disqualification period providing all other factors of eligibility are met.
Overpayments are recovered through a reduction of the Child Care Assistance Program payment. The rate of recovery for IPV is 20%.
Contact the state office for processing of overpayments for a provider IPV.
When an overpayment exists, regardless of the provider’s or adult members of the Child Care Assistance eligibility for benefits, the provider or adult member of the Child Care Assistance shall continue to be responsible for repayment of the overpayment which resulted from this violation.
