Intentional Program Violation Overview

An IPV is any action taken by a client for the purpose of establishing or maintaining SNAP eligibility or for increasing or preventing a reduction in the allotment amount which is committed knowingly, willfully, and/or with deceitful intent, such as:

• making a false statement(s) to the Department, either orally or in writing, to obtain or maintain SNAP benefits to which the household is not entitled
• concealing information to obtain or maintain SNAP benefits to which the household is not entitled
• making a false or misleading statement(s) or misrepresentation(s) to conceal or withhold facts to obtain or maintain SNAP benefits to which the household is not entitled
• altering or transacting SNAP benefits to obtain benefits to which the household is not entitled
• using SNAP benefits to buy nonfood items such as alcohol or tobacco
• using or possessing improperly obtained SNAP benefits
• trading/trafficking (buying or selling) SNAP benefits; or
• intentionally committing any act(s) which violates state regulations of the Supplemental Nutrition Assistance Program.

An unintentional program violation (UPV) is when an overpayment occurs that is the result of a misunderstanding or unintended error on the part of the household or of an error caused by a Department action or failure to act.

Disqualification Penalties

Disqualification for IPVs:

• Clients found by a Department Administrative Disqualification Hearing (ADH) to have committed a SNAP IPV are ineligible for SNAP benefits for one year for the first finding, two years for the second finding and permanently for the third finding.
• Clients found by an ADH to have committed a cash program IPV, in the absence of a SNAP IPV, are ineligible for SNAP benefits for the period required under the cash program rules.

A Massachusetts state law prohibits EAEDC clients and TAFDC clients from using cash assistance held on EBT cards to purchase: alcoholic beverages;, firearms and ammunition;, gambling services;, jewelry;, lottery tickets;, pornographic material or performances;, tattoos or body piercings;, televisions, stereos, video games or consoles at rent-to-own stores; tobacco products, vacation services or pay court-ordered fees, fines, bail or bail bonds. Clients may not use their EBT card/benefits to purchase these items.

If a client has been found to make such a purchase, he or she will:

• for the first offense, pay DTA back for the amount of the purchase or services of the prohibited items from their current and/or future benefits;
• for the second offense, pay DTA back the amount of the items or services AND lose cash assistance for two months; and
• for the third offense, pay DTA back the amount of the items or services AND lose cash assistance permanently.

For IPVs, the Department must disqualify only the client who committed the violation, not the entire household. Once disqualification begins, it must continue uninterrupted regardless of current eligibility. Repayment must also continue regardless of current eligibility.

Households cannot be considered categorically eligible if they contain one or more disqualified members. (See Categorical Eligibility .).

For IPVs, the period of disqualification must begin the first month following the date written notification of the ADH decision is received by the household. If the client waives the right to an ADH or signs a consent agreement with the court, the length of the disqualification period must be determined by counting each waiver or agreement as one finding that an IPV was committed. In the case of a court conviction, the period of disqualification must begin the first month following the date of notification to the Department of the court conviction.

A household’s benefit level must not be increased as a result of an IPV disqualification.

Claim Determinations

The Department must establish a claim for overissuance against any household that has received more SNAP benefits than it was entitled to receive or any household that contains an adult member who was an adult member of another household that received more SNAP benefits than it was entitled to receive. All adult household members are jointly and severally liable for the value of any overissuance of benefits to the household.

A claim may be established for an unintentional program violation or for an intentional program violation.

The Administrative Disqualification Unit (ADU) researches overpayment referrals that are potential IPVs. If sufficient evidence is gathered to demonstrate an IPV, ADU requests that an ADH be scheduled by the Division of Hearings (DOH). A member of the ADU represents the Department at the hearing, which is held whether or not the client appears. DOH sends the written decision to the client and to the ADU. The ADU is responsible for implementing the disqualification and updating the Narrative tab with the results of the hearing, closing the referral, and initiating a system-generated demand letter to the client for benefit recovery. If the client currently receives benefits, BEACON generates a disqualification letter. Questions about an IPV may be directed to the ADU at (617) 348-5236.

Clients nearing the end of an Intentional Program Violation (IPV) disqualification period are listed in the view “Assessed Person Potential Changes” under the drop-down menu heading “Clients in Active AUs with Expiring IPV End Dates.” Households containing disqualified clients receive a notice before the disqualification period ends telling them to contact their case manager to schedule an appointment for a reevaluation of benefits. The case manager must conduct a reevaluation for TAFDC or EAEDC households with an expiring disqualification period so that TAFDC or EAEDC and PA SNAP benefits for disqualified clients may be reinstated, if appropriate. For NPA SNAP households, the case manager must contact the client before reinstatement. If appropriate, conduct a reevaluation and recertify the NPA SNAP case.