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West Virginia Income Maintenance Manual Chapter 20

West Virginia Income Maintenance Manual Page 69 Chapter 20 Emergency and Special Assistance Programs

intentionally made one or more acts of Intentional Program Violations (IPV), the definition of which shall consist of having intentionally: 1. Made a false or misleading statement, or misrepresented, concealed, or withheld facts; or 2. Committed any act that constitutes a violation of Summer EBT benefits, Summer EBT regulations, The Consolidated Appropriations Act of 2023, or any State statute or policy from the Income Maintenance Manual (IMM) for the purpose of using, presenting, transferring, acquiring, receiving, possessing, or trafficking of Summer EBT benefits. IPV claims must be established for trafficking-related offenses. Claims arising from trafficking-related offenses are the value of the trafficked benefits as determined by the individual’s admission, adjudication, or documentation that forms the basis of the trafficking determination. 20.5.9.B.1 The Role of Investigation and Fraud Management, OIG Referrals from the Department of Human Services must be sent to Investigations and Fraud Management (IFM) on any household who knowingly obtained benefits through fraudulent activities such as dual participation, making a false statement on the application for benefits, trafficking, or any other fraudulent means. After the investigation is completed, if the evidence substantiates the allegations, then an administrative claim(s) will be established against the applicant. IPVs include making false or misleading statements, misrepresenting facts, concealing, or withholding information, and committing any act that violates the Consolidated Appropriations Act of 2023, SEBT regulations, or any State statute or policy found in the Income Maintenance Manual related to the use, presentation, transfer, acquisition, receipt, or possession of Summer EBT benefits. 20.5.9.B.2 IPV Penalties 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. Persons who have been found guilty of an IPV are disqualified as follows: • First offense: One year