Page 97

Nevada Division of Welfare and Supportive Services Energy Assistance Program Manual 1300 CLAIMS AND INTENTIONAL PROGRAM VIOLATIONS (IPVs)

This chapter contains direction on handling claims in the Energy Assistance Program (EAP) and the procedures necessary for persons/households that “intentionally violate” program regulations. The Division of Welfare and Supportive Services (DWSS), Investigations and Recovery Unit (I&R), works in concert with the EAP staff to recover misspent energy assistance funds, be they federal or state funds, and to remove persons from the program who have committed an intentional program violation. NOTE: Claims are addressed in detail in the I&R Manual, Sections 300 and 400, respectively. Intentional Program Violations are addressed in detail in the I&R Manual, Section 300. Reference should be made to these manual sections for issues/events not addressed in this chapter. 1301 CLAIMS A. Claims Defined A claim means any benefit provided under the Energy Assistance Program paid to, or on behalf of, any individual or household which exceeds the amount the individual or household was eligible for. Claim amounts reflect the difference between what the individual/household incorrectly received in the form of a benefit less what they were actually entitled to receive. When calculating a claim amount, the worker must use budgeting procedures and policy in effect at the time the claim was incurred. B. Date of Discovery

The date of discovery is the date the DWSS confirms through investigation of the claim allegation an over issuance has occurred. C. Calculating the Claim When information is received indicating a claim may exist, it is the responsibility of the worker for that household to calculate the amount of the claim, unless the program manager assigns this task to another staff member. The DWSS employee charged with calculating the claim amount must obtain written verification of the questionable issue. Claims must be calculated within 15 working days of receipt of the necessary collateral contacts or return of the Investigative Follow-Up Form and documented in the case file. D. Claim Classifications A claim is established for intentional program violations, client errors, and agency errors. Every claim is classified through the use of one of the following definitions.

MTL 01/24 June 25, 2024 - 1 - Section 1300 – Overpayments and IPVs