Intentional Program Violation (IPV) 400-28-162-05

(Revised 10/1/15 ML #3458)

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NDAC 75-02-01.3-12

An Intentional Program violation (IPV) "an action by an individual, for the purpose of:

Improperly establishing or maintaining eligibility for assistance; or

Increasing or preventing a reduction in the amount of assistance.”

Any individual who is suspected of an IPV must be referred to:

The Appeals Supervisor in the Legal Advisory Unit (LAU) for a determination of an IPV; or

The court system for a determination of fraud.

In order to determine an IPV, that individual must have intentionally committed one of the following:

Any act or false statement intended to mislead, misrepresent, conceal, or withhold facts.

Examples:

A source of income A household member Receiving or attempting to receive assistance in multiple states at the same time Falsified documents An asset Trafficking of the Electronic Payment Card or PIN

Committed any act that constitutes a violation of the Child Care Assistance Program (CCAP).

The signatures of any provider or caretaker on the Application, Review form, Change Report form, Child Care Billing Report form or any other appropriate materials attest to providing factual information that is required to determine eligibility.

It is the act and not the amount of improper benefit received that must be considered. There is no requirement that an overpayment exist when pursuing IPV.