Page 296

Page | 295 An investigation or a pending disqualification hearing does not affect the suspected person's or household's right, to be certified and receive SNAP benefits pending a final decision. The household's eligibility and benefit level must be determined the same way as any other household. Also, if the Specialist determines that the household is ineligible or eligible for fewer benefits while awaiting a decision, the Specialist must take steps to terminate or reduce the household's benefits. Action is taken to adjust benefits regardless of the outcome of the SPV.

The SPV claim status will continue until one of the following occurs: 1. Administrative Disqualification Hearing (ADH) decision; 2. Court IPV Decision; 3. ADH Waiver Signed; 4. Signed Disqualification Consent Agreement (only in deferred adjudication instances)

ORFI will reclassify the claim to an Intentional Program Violation if:  The SPV individual signs the ADH waiver  The ADH hearing or court findings affirm the individual is guilty of intentionally causing the overpayment.

ORFI will reclassify the claim to an Inadvertent Household Error (IHE) if:  The IPV hearing or court findings state the overpayment was not intentionally caused.  The ORFI investigation does not support the classification of an SPV.

18210 DETERMINING THE NUMBER OF MONTHS FOR A SUSPECTED PROGRAM VIOLATION (SPV) CLAIM

If it has been suspected that any member of the household committed an intentional program violation (IPV) by not reporting a change in circumstances or reporting incorrect information, the first month benefits were over issued will be the first month in which the change would have been effective had it been reported correctly.

 ORFI will determine the months for the claim.  ORFI will not establish the effective month of the claim no later than two months after the month in which the household circumstance changed

The suspected program violation claim is calculated back to the month the act of violation occurred (but not more than 6 years from the date the overpayment was discovered).

It is imperative that the substantiation/verification still exists. If the information has been purged or destroyed, and there is no way to recreate or recapture the documents, then those months cannot be included in the calculation time frame for the SPV. Suspected program violations must be provable and if the violation, amount of issuance, and/or supporting documents no longer exits, no proof exists.

Example: The Specialist may have facts to support a household's failure to report a change, even though it has not yet been determined that the failure to report involved intentional program violation. The current benefit level of the case must be adjusted, separate from any intentional program violation consideration.