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VIRGINIA DEPARTMENT

OF SOCIAL SERVICES ENERGY ASSISTANCE

06/03 VOLUME IX, CHAPTER E, PAGE 2

has knowledge. In discharging this responsibility, the LDSS director may seek the advice of the local Commonwealth's Attorney to determine whether a violation occurred. The LDSS director or designee is to act upon the advice of the Commonwealth Attorney as to whether a charge of fraud is or is not justified by the evidence, but in the absence of such advice, the LDSS director or designee must decide whether the evidence requires him or her to cause a warrant or summons to be issued. The warrant or summons does not need be signed by the LDSS director or designee personally but may be signed by the person having direct knowledge of the case and facts.

c. A determination as to whether fraud occurred must be based on a careful consideration of the particular circumstances. Among the factors to be considered in deciding whether there is deliberate misrepresentation on the part of the client are:

1) the incorrect or unreported information affected eligibility;

2) the correct information was, in fact, known to the client; and

3) the client fully understood the eligibility requirements and his responsibility for reporting information, or

4) whether his failure to report facts was unintentional.

2. MONITORING

During the course of the Program, the VDSS will monitor localities' compliance with Program policies and procedures by reading case records and reviewing locality statistical reports. At the recommendation of VDSS staff, an LDSS Corrective Action Plan may be necessary. LDSS are responsible for correcting areas of concern to ensure that the program is effectively and efficiently administered at the local level.

3. IMPROPER AUTHORIZATIONS An authorization is improper when: a. The LDSS provides verbal or written authorization for any type of assistance and one of the following occurs:

1) the LDSS fails to enter the case information in the system; or

2) authorization is given prior to the determination of eligibility and the case is ineligible for assistance.

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