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Nevada Division of Welfare and Supportive Services Energy Assistance Program Manual I. Intentional Program Violation: a claim is classified as an Intentional Program Violation (IPV) when the Division of Welfare and Supportive Services (DWSS) is in receipt of:

1. a written notice of decision from a hearings officer with a finding the individual/household intentionally violated program rules; 2. a criminal court conviction for violation related to public assistance crimes; or 3. a signed and I&R approved waiver. II. Client Error: a claim may be classified as client error if the claim was caused by a misunderstanding or unintended error by any or all members of the household. All client errors that cannot be immediately recovered from the current benefit are referred to the I&R Unit for recovery. III. Agency Error: a claim may be classified as an agency error if the agency:

1. failed to take timely action on a reported change;

2. incorrectly determined and authorized benefits;

3. erroneously issued duplicate benefits; 4. incorrectly computed income, expenses, deductions or annual benefits; or 5. made any other error unrelated to the client’s withholding or incorrect reporting of eligibility information. Recovery will not be pursued for claims established as a result of agency error, unless the error is: a) so “obvious” and would be considered “obvious” to the household; or b) of such a large amount it is considered prudent to recover.

The EAP Program Manager will refer agency error claims in excess of the cap benefit amount to the Chief of Employment and Support Services. The Chief or their designee will determine if recovery is to be pursued.

E. Claim Referral Following the calculation and approval of a client error claim the claim is referred to DWSS I&R Unit via the Investigations and Recovery Information System (IRIS).

Immediately after claim referral, the worker shall establish a “claim packet.” The claim packet shall include: I. copy or original of all pertinent documents (application, picture ID, etc.) contained within the case file; II. copy or original of substantiating documentation relative to the claim; III. a case narrative containing at a minimum how the claim occurred; and IV. A copy of the claim referral.

The claim packet must be sent to the I&R Unit responsible for their program office no later than five (5) working days after referral. MTL 01/24 June 25, 2024 - 2 - Section 1300 – Overpayments and IPVs