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102.2 TANF MANUAL 10/22 Page 1a

circumstances. A determination must be made that there has been a deliberate misrepresentation on the part of the applicant/recipient. Consideration should be given to: (1) whether the incorrect or unreported information was, in fact, known to the applicant/recipient and (2) whether the applicant/recipient understood the eligibility and reporting requirements.

C. The local agency is required to proceed against any individual alleged to have committed an intentional program violation by referring the matter to the appropriate authorities for criminal action in a federal or state court or through an administrative disqualification hearing (ADH).

An individual may be charged with an IPV even if the application was denied. An overpayment does not have to exist for there to be a determination of an IPV. Individuals may be charged with an IPV for VIEW even if supportive or transitional services have not yet been received. For a VIEW IPV the agency is not to terminate future supportive or transitional services if those services are needed to assist the client to maintain employment.

The local agency may refer a case for prosecution or initiate an ADH regardless of the current eligibility of the individual.

D. The local agency must coordinate its actions with any corresponding actions being taken against the individual under the Supplemental Nutrition and Assistance Program if the factual issues involved arise out of the same or related circumstances.

E. The forms listed below must be used in the IPV process. The forms and instructions for their use may be accessed from the Local Agency DSS Intranet site (https://fusion.dss.virginia.gov/bp/BP- Home/TANF-and-VIEW/Forms). (Note: When these forms are sent to the individual, if an authorized representative was granted permission to receive letters regarding action taken on a case, then the authorized representative will also receive the same notices. See 401.4.F.)

1. Notice of Intentional Program Violation (032-03-0721)

2. Waiver of Administrative Disqualification Hearing (032-03-0722)

3. Referral for Administrative Disqualification Hearing (032-03-0725)

4. Advance Notice of Administrative Disqualification Hearing (032-03-0724)

5. Administrative Disqualification Hearing Decision (032-03-0723)

6. Notice of Disqualification for Intentional Program Violation (032-03-0052)

F. Cases in which an IPV is alleged will be referred for prosecution in accordance with the agreement established between the local Commonwealth’s Attorney or other legal authority and the local agency. This agreement shall include information on how and under what circumstances cases will be accepted for possible prosecution. Additionally, it will contain any other criteria set by the prosecutor for accepting cases for prosecution, such as a minimum for the overpayment which resulted from the IPV. The local agency will refer for prosecution all individuals meeting the criteria established by the Agreement.

TANF Transmittal 75