DEFINITION OF INTENTIONAL PROGRAM VIOLATION

Federal rules at 7 CFR 273.16(c) state that an intentional program violation has been committed when:

1. A false or misleading statement has intentionally been made.

or

2. A household member has intentionally misrepresented, concealed, or withheld facts.

or

3. A household member has intentionally committed any act that constitutes a violation of the Food Stamp Act, the Food Stamp Program Regulations, the Food Supplement Program regulations or any state statute relating to the use, presentation, transfer, acquisition, receipt, trafficking (see FS 999-1 pages 5 and 6), or possession of the food supplement benefit.

The IPV determination can be made by a department hearing officer, a signed Waiver of Hearing, or a judge. The Eligibility Specialist may choose to begin the disqualification process with an interview, at which time the accused individual may choose to sign a Waiver of Hearing.

NOTE: While most Intentional Program Violations result in a monetary loss to the program, a household’s willful misrepresentation is sufficient grounds to pursue an IPV even when no overpayment of Food Supplement benefits occurred.

If it is determined that the violation does not meet the definition of a IPV, collection action shall be initiated as an unintentional or agency claim, as appropriate.