Page 11

102.3 TANF MANUAL 10/18 Page 2

102.3 IPV DISQUALIFICATION PENALTIES - An individual found to have committed an IPV by a court of appropriate jurisdiction, or pursuant to an administrative disqualification hearing (ADH), or by waiving his right to an administrative disqualification hearing is subject to IPV penalty periods of six months for the first offense, twelve months for the second offense, or permanently for the third offense. Notice of the disqualification penalties for IPV is included in the Application for Benefits (032-03-0824) and the Notice of Intentional Program Violations and Penalties (032-03-0646).

If found to have committed an IPV pursuant to an ADH, and at some later point it is determined that the individual had a disability that interfered with his or her ability to file accurate and timely information, or with his or her capacity to have the intent to defraud or otherwise provide improper information to the state, or has limited English proficiency that impaired his or her ability to provide accurate and timely information, the worker must delete the IPV and prospectively reinstate benefits.

Note: The ADH process may not be used to disqualify an individual who committed a TANF IPV prior to December 1, 1992, or a VIEW IPV prior to April 1, 2003. However, IPVs committed prior to these dates can be referred for prosecution. If the individual is found guilty, no disqualification period can be imposed.

TANF Transmittal 65

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Page 11

Official source

102.3 TANF MANUAL 10/18 Page 2

102.3 IPV DISQUALIFICATION PENALTIES - An individual found to have committed an IPV by a court of appropriate jurisdiction, or pursuant to an administrative disqualification hearing (ADH), or by waiving his right to an administrative disqualification hearing is subject to IPV penalty periods of six months for the first offense, twelve months for the second offense, or permanently for the third offense. Notice of the disqualification penalties for IPV is included in the Application for Benefits (032-03-0824) and the Notice of Intentional Program Violations and Penalties (032-03-0646).

If found to have committed an IPV pursuant to an ADH, and at some later point it is determined that the individual had a disability that interfered with his or her ability to file accurate and timely information, or with his or her capacity to have the intent to defraud or otherwise provide improper information to the state, or has limited English proficiency that impaired his or her ability to provide accurate and timely information, the worker must delete the IPV and prospectively reinstate benefits.

Note: The ADH process may not be used to disqualify an individual who committed a TANF IPV prior to December 1, 1992, or a VIEW IPV prior to April 1, 2003. However, IPVs committed prior to these dates can be referred for prosecution. If the individual is found guilty, no disqualification period can be imposed.

TANF Transmittal 65