Intentional Program Violation (IPV) and Other Disqualifications 430-05-75

 

Intentional Program Violation (IPV) 430-05-75-05

(Revised 01/01/04 ML2893)

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In order to determine if an individual(s) has committed an IPV, that individual must have intentionally:

1. Made a false or misleading statement, misrepresented, concealed, or withheld facts.

Examples:

Failure to report:

• Increase in earned income of $100 or more.
• New source of income.
• Change in household composition.
• Change of residence.

2. Committed any act that constitutes a violation of the Food Stamp Act, Food Stamp Program regulations, or any State statute for the purpose of using, presenting, transferring, acquiring, receiving, possessing, or trafficking of coupons, authorization cards, or reusable documents used as part of an automated benefit delivery system.

 

Examples:

• Purchasing alcohol or tobacco with food stamp benefits.
• Purchasing food and reselling for cash.
• Selling food stamp benefits.

 

The use of the term "intentionally" in the regulations does not mean the worker has the burden of proving that an individual intended to commit a fraudulent act. The worker does not have to prove a deliberate intent to defraud. An individual’s signature on the application attests to providing full information and to understanding the reporting requirements.

 

Example:

Intent is satisfied if an individual is aware of the mandatory reporting requirements, but for whatever reason did not report.

 

If an individual does not report a mandatory change within 10 days, a program violation may have occurred.

 

If a failure to report is discovered by the worker, the worker must consider initiating an IPV.

 

An IPV may exist regardless of whether there is a claim. There is no requirement that a claim exist when pursuing IPV.

 

An individual disqualified from participation in the Food Stamp Program due to an IPV or court conviction of fraud may not participate in the Food Distribution Program until the period of disqualification expires. Counties must notify the Food Distribution Program administering agency in writing of Food Stamp disqualified individuals, along with the inclusive dates of disqualification.