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• Worker and recipient action to commit illegal receipt of benefits. 7.8 Waiver of Repayment Overpayments, both recipient and agency caused, may be waived permanently or temporarily by the Division Administrator if the overpayment was not the result of an intentional misrepresentation or omission by the recipient and, when collection would cause an undue hardship to the recipient. Circumstances that may constitute undue hardship, include, but are not limited to: • Medical hardship that compromises the recipient’s ability to repay the debt. • Collection would jeopardize the recipient’s ability to provide shelter/housing and other basic necessities for immediate family members (dependents). • Gross income is less than 100% of the federal poverty guidelines. Requests for hardship waivers must be submitted, in writing, to the Division Administrator by the recipient. Requests will be reviewed on a case-by-case basis using established guidelines. Decisions will be submitted in writing to the requestor. The Administrator’s decision is final and cannot be appealed to a Hearing Officer. 8. DISQUALIFICATIONS Nevada disqualifies individuals found to have committed intentional program violations through findings of administrative disqualification hearing or criminal courts. 8.1 Disqualification Penalties Individuals found to have committed intentional program violations shall not be eligible for benefits for the period of time specified below:
VIOLATION PENALTY First Violation 12 Consecutive Months Second Violation 24 Consecutive Months Third (or greater) Violation Permanently 8.2 Effect on TANF Household If an eligible TANF household includes a member that has been found to have committed an intentional program violation, the benefits provided to the TANF household are reduced by a pro-rata share for the entire period any member, or members, is disqualified. 8.3 Imposition of Penalties Disqualification penalties are imposed differently for participating and non- participating cases. • Participating (Eligible) Case – Penalties are imposed against the next benefit issuance following the receipt of the disqualification decision so long as the next month’s benefits can be administratively affected. If the benefits cannot be affected, the penalty is imposed against benefits for the next calendar month.