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West Virginia Income Maintenance Manual Chapter 11

West Virginia Income Maintenance Manual

Page 5 Chapter 11 Benefit Repayment

11.2.3.A.2 Client Errors When the client fails to provide accurate or complete information, the first month of the overissuance is the month the incorrect, incomplete, or unreported information would have affected the benefit level considering notice and reporting requirements. 11.2.3.B IPV Claims IPVs include making false or misleading statements, misrepresenting facts, concealing or withholding information, and committing any act that violates the Food Stamp Act of 1977, SNAP regulations, or any State statute related to the use, presentation, transfer, acquisition, receipt, or possession of SNAP benefits. The client(s) who is found to have committed an IPV is ineligible to participate in the program for a specified time, depending on the number of offenses committed. An IPV can only be established in the following ways: • The client signs an IG-BR-44, Waiver of Rights to an ADH • By an ADH decision NOTE: Depending on whether or not an AG has earned income or at least one WV WORKS participant, reporting requirements may be different. See Section 10.4.2 for the appropriate AG reporting requirements. NOTE: When determining the amount of overissuance for any claim type, due to the failure of the household to report earned income in a timely manner, the amount of benefits the client should have received is computed without applying the earned income disregard to any portion of the earnings the client did not report. This applies to IPV claims for benefits issued for October 1987 and later, and to UPV claims established on or after November 1, 1996. NOTE: Form IG-BR-44 is used only by IFM Workers and Hearings Officers. When the client waives his right to an ADH, the disqualification cannot be changed by a subsequent Fair Hearing.