713.01 Intentional Program Violation (IPV) SR 95-47, 07/95 (FAM-A)

A TANF casehead has committed an intentional program violation by acting for the purpose of establishing or maintaining the family’s TANF eligibility, increasing the grant or preventing a reduction in the grant by doing any of the following:

• intentionally providing misleading information,

• failing or refusing to report a change in household circumstances, or

• by purposely committing any act that violates any public assistance or food stamp regulations, or any state statute relating to said programs.

Example

An individual applied for TANF and food stamps on April 2 claiming no employment and was certified for 3 months. Two months later an NHES crossmatch showed that the individual had actually become employed on April 1. The Office of Special Investigations (OSI) confronted the individual, who agreed to sign a waiver of right to an administrative disqualification hearing.

Only one of the following can officially establish intentional program violation:

• a court of appropriate jurisdiction,

• the household’s signing of a waiver of right to an administrative disqualification hearing, or

• an administrative disqualification hearing through the Hearings Office.

Exception: In the TANF Program, a signed consent agreement signed by the court can establish IPV.

The Office of Special Investigations (OSI) pursues intentional program violations. Either OSI or the District Office can bring a potentially intentional program violation to the attention of OSI.

If the same violation was repeated over a continuous period of time before discovery, consider each occurrence as belonging to one violation.

Any IPV action taken by the Department of Health and Human Services (DHHS) against an accused individual in TANF case is coordinated with any action being taken under the Food Stamp Program when the factual issues arise from the same or related circumstances.