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West Virginia Income Maintenance Manual Chapter 11
West Virginia Income Maintenance Manual
Page 6 Chapter 11 Benefit Repayment
• By Diversionary Consent Agreement • By court decision Once an IPV is established, a disqualification penalty is imposed on the AG member(s) who committed the IPV. See Section 3.2.1 for penalties. If a court fails to impose a disqualification period, the Department imposes the appropriate penalty as indicated in Section 3.2.1. If the court imposes a sanction that differs from those in Section 3.2.1, the court-ordered sanction is applied. If an overissuance is discovered more than six years after it occurs, no claim is established. When the client commits an IPV, the first month of the claim is the first month in which the benefit would have been effective considering the reporting and notice requirements. After the first month is determined, the IFM Worker identifies the subsequent months in which overissuances resulted from the same IPV act. IPV claims must be established for trafficking-related offenses. Claims arising from trafficking- related offenses are the value of the trafficking benefits as determined by the individual’s admission, adjudication, or documentation that forms the basis of the trafficking determination. 11.2.4 FACTORS AFFECTING THE AMOUNT OF THE CLAIM There are no special factors affecting the amount of the SNAP claim. 11.2.5 COLLECTING THE CLAIM Collection action is initiated against the AG that received the overissuance. When the AG composition changes, collection is pursued against any and all AGs that include a liable debtor. NOTE: Overlapping claim periods run concurrently. Regardless of participation status, a penalty must be imposed within 45 days of the ADH decision, the signing of the waiver, Diversionary Consent Agreement, or the issuance of the court order. NOTE: Prior to May 1, 1983, IPVs were referred to as fraud. When determining the appropriate penalty, all disqualifications prior to May 1, 1986, are considered as one previous disqualification.