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"Intentional Program Violation (IPV)" means any action by an individual for the purpose of:
· Establishing or maintaining a family's eligibility for Temporary Assistance for Needy Families (TANF) (Diversionary Assistance and ongoing assistance) or Virginia Initiative for Employment not Welfare (VIEW); or
· Increasing or preventing a reduction in the amount of the grant; or
· Establishing eligibility for VIEW supportive services or transitional services.
For an IPV to exist, the action by the individual must be:
· An intentionally false or misleading statement or misrepresentation; or
· Concealment or withholding of facts; or
· Any act intended to mislead, misrepresent, conceal or withhold facts or propound a falsity.
Whoever obtains or attempts to obtain, or aids or abets any person in obtaining, by means of a willful statement or representation, or by impersonation, or other fraudulent device, assistance or benefits from TANF and other programs designated under rules and regulations of the State Board of Social Services is committing an IPV.
In determining whether an IPV exists, the Department of Social Services (DSS) must determine that a disability of the individual was not the cause of the person's actions, such that the person did not have the intent to make a false or misleading statement or misrepresentation. In such cases, an IPV cannot be found. Instead, the local agency will work with the individual to ensure that a similar problem does not arise in the future. This may require that the agency put in place steps to assist the individual to provide the needed information on a timely basis.
If the an individual was found guilty of an IPV 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, DSS must lift the IPV and prospectively reinstate benefits.
Individuals found to have committed an IPV are subject to IPV penalty periods of:
· Six (6) months for the first offense;
· Twelve (12) months for the second offense, or
· Permanently for the third offense.
Only the Guilty Individual is Disqualified: Only the individual found guilty of committing an IPV is disqualified. The individual's needs are not taken into account when determining the TANF Assistance Unit's need and the amount of assistance.
NOTE: If the individual is a parent, however, any income of the disqualified parent must be considered available to the assistance unit.
VA TANF - Financial Eligibility
VA TANF - Grant Amount Calculations
VA VIEW - Grant Amount Calculations
VA Benefit Information System Welcome and Introduction
VA TANF Policy Manual Sections 102.1 and 102.3
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