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3. Definition/Client Error An inadvertent household error (CL) claim is any claim resulting from a misunderstanding or unintended error on part of a household who otherwise complies with program requirements.

4. Definition of Suspected Fraud Fraud is defined as a false representation of facts by words or conduct, by false misleading allegations or by concealment of that which should have been disclosed, which deceives and is intended to deceive another in order to obtain assistance illegally. A person who commits fraud violates state and federal laws.

A. Elements of Fraud As generally accepted in South Carolina courts, the necessary elements of fraud are as follows:

1. Misrepresentation of a fact with intent to deceive, including positive assertion of falsehood, concealment of the truth, suppression of the truth, and/or establishment of a false impression by words, actions or trickery;

2. Knowledge of the falsity of the representation by the maker

3. Materiality of the fact misrepresented

4. Reliance on the misrepresentation by the person deceived; and

5. Damage to the person deceived (benefit to the wrongdoer is normally immaterial)

B. Determination of Fraud A determination of fraud for TANF can only be made through judicial proceedings in a criminal court. Fraud must be proven by evidence which is beyond a reasonable doubt. No disqualification exists in the TANF Program. 20.10 Liability for Recipient Claims For claims, automated recoupment (reduction of the TANF benefit), administrative actions to obtain voluntary payments, or in some cases, civil action to collect an overpayment shall be directed toward:

A. Each person who was an adult member of the BG when the overpayment occurred B. A sponsor of a non-citizen BG if the sponsor is at fault C. A person connected to the BG, such as a caretaker relative or an authorized representative, who causes an overpayment

20.11 Requesting Fair Hearing The ES Worker should be aware that the recipient has a right to a Fair Hearing if he/she does not agree with the amount of claim or its classification. The recipient may request a Fair Hearing by