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Page | 301 18311 NOTIFICATION OF IPV DISQUALIFICATION

DSS will provide written notice to the household member prior to implementing the disqualification penalty using the automated NIPV Notice function. The NIPV notice will be sent using the benefit month the disqualification will start using the SPEC-C-NIPV function. If the case is not active the notice will be completed through the SPEC-E-NIPV function.

The NIPV notice will also notify remaining household members the amount they will receive during the disqualification period or that they must reapply because their certification period has expired. A demand letter for restitution will also be sent to the household by the Office of Recoveries and Fraud Investigations.

18312 IMPOSITION OF IPV DISQUALIFICATION PENALTIES

After a household member has been found to have committed an intentional program violation, the household member is disqualified beginning with the first month that follows the date the household member receives written notification of the hearing decision, regardless of whether or not the individual is receiving benefits.  If the case is active, the Benefits Specialist enters the IPV information on the MEMS panel  If the case is inactive, the Benefits Specialist should check the MEMS panel within two days after the IPV information is received. If ORFI has not entered the IPV information, then the benefits specialist should contact the ACCESS help desk.

No further administrative appeal procedure exists after an adverse State-level hearing. The determination of intentional program violation made by a hearing official cannot be reversed by a subsequent fair hearing decision. The household member is entitled to seek relief in a court having appropriate jurisdiction. The period of disqualification may be subject to stay by a court of appropriate jurisdiction or other injunctive remedy.

Once a disqualification penalty has been imposed against a household member, the period of disqualification will continue uninterrupted until completed regardless of the eligibility of the disqualified member's household. The disqualified member will continue to be responsible for repayment of the overpayment which resulted from the disqualified member's intentional program violation regardless of his/her eligibility for program benefits.

Example 1: John was found guilty of an IPV for a not reporting income when he applied in September. A hearing was held in November, and the final decision was received on Dec 19th. John has an ongoing case so the Benefits Specialist would enter the NIPV for January stats using the function code of SPEC-C-01/YY-NIPV. Example 2: April was found guilty of an IPV for not reporting Joe was living with her when she applied for benefits in May. A hearing was held in November, and the final decision was received on December 28th. April’s case has been closed since August, so she does not have an active case. The Benefits Specialist would still enter the NIPV in January, but they would use the SPEC-E-01/YY-NIPV function since there are no stats in January.