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Page | 316 such as additional income, changes in household size, or deductions (unless it is suspected to be an intentional error on the part of the household, then may be filed as SPV).

2. SSA or Child Care Services (CCS) took an action or failed to take the appropriate action, which resulted in the household improperly receiving SSI or CCS; therefore, improperly receiving SNAP benefits as a categorically eligible household.

3.

19223 SUSPECTED PROGRAM VIOLATION (SPV)/INTENTIONAL PROGRAM VIOLATION (IPV)

An overpayment will be classified as a suspected program violation (SPV) claim if it appears the overpayment was intentionally or fraudulently caused by the household.

The most common suspected program violation claims occur because someone in the household:

1. Made false statements, either orally or in writing, to obtain benefits the household is not entitled to. 2. Concealed information to obtain more benefits than entitled to. 3. Altered Dakota EBT cards to obtain benefits the household is not entitled to. 4. Trafficked benefits for cash or non-food items.

ORFI will reclassify a Suspected Program Violation (SPV) claim to an Intentional Program Violation (IPV) claim only if:  An administrative disqualification hearing or a court of appropriate jurisdiction has found a household member committed intentional program violation  An individual is disqualified as a result of signing either a waiver or his/her disqualification hearing or a disqualification consent agreement in cases referred for prosecution.

19230 COLLECTING CLAIMS

The Office of Recoveries and Fraud Investigations (ORFI) will initiate collection action on unpaid balances after approval of the accuracy and validity of the inadvertent household overpayment claim by supervisory staff. Upon receipt of an IPV determination (waiver, administrative hearing, court findings, or signed consent agreement), ORFI will update the first section of the DSS-EA 894 and send to the local office to complete the amount of the overpayment. Once the DSS EA-894 is completed, the Benefits Specialist will resubmit the DSS EA-894 back to ORFI to initiate collection proceedings to recover the unpaid balance. If the overpayment is NOT an IPV, the EABS will complete the full DSS-EA-894 leaving the ORFI Only section blank.

Example: The recipient reported receiving income in excess of SSI guidelines to SSA. SSA neglected to close the case and also did not notify DSS of the recipient's additional income. A claim would be established using the additional income. Example: The household received wages and TANF. The total income would normally exceed the gross income limit, but the household was categorically eligible. It is discovered that the household neglected to report a $200 bonus. A claim would be established calculating benefits including the $200 bonus