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Revised 12-01-17 07-01-19 Volume III | Chapter 14

14007 MISSISSIPPI [ CLAIMS: GENERAL ] to recover amounts of assistance improperly obtained can be brought without regard to the time the fraudulent act was committed. Fraud If public assistance is actually obtained under false pretenses by means of willfully false statement or representation or by impersonation or other fraudulent device or false pretenses, the statute of limitations does not bar criminal prosecution for such an offense. Attempted Fraud - Suspected Intentional Program Violation (SIPV) If, however, there is only an attempt to obtain public assistance by means of a willfully false statement or representation, or by impersonation, or other fraudulent device or false pretenses, the statute of limitations bars criminal prosecution unless commenced within two years after the commission of that offense. This offense is covered by Public Law 97-19-71(4). Therefore, the Department will refer to law enforcement officials within two years of the attempt to obtain assistance under false pretenses. In cases where assistance is actually obtained under false pretenses, the Department will refer such cases to law-enforcement officials when and as such cases are discovered, and properly investigated, without regard to the two year period. Other (OT) There will be situations which cannot be identified as suspected fraud, administrative error or inadvertent household error. Examples of this type of claim include: 1. An employer provides erroneous information which creates an overpayment to an individual who is unaware of the error. 2. The assistance was continued or continued at the same amount during the hearing process and the hearing decision was not in the individual s favor. All payments or overpayments made during this period are considered improper.

TRANSFER OF CLAIMS When the county staff becomes aware that an individual responsible for repayment of an unpaid claim balance is participating in another TANF case, the Claims Management Unit MUST be notified via a memorandum to transfer the claim to that active case. NOTE: A claim will only be transferred when there is a balance and payments are not being made.