DPSS ePolicy

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An Intentional Program Violation (IPV) is a determination made by a state or federal court, including any determination made on the basis of a plea of guilty or nolo contendere (no contest), or a Disqualification Consent Agreement (DCA) that an applicant/participant has intentionally:

1. Made a false or misleading statement or misrepresented, concealed, or withheld facts; or
2. Committed any act intended to mislead, misrepresent, conceal or withhold facts or propound a falsity; and
3. Committed these acts to establish or maintain General Relief (GR) eligibility, or to increase or prevent a reduction in the amount of the GR grant.
    

A GR applicant/participant who is determined by a state or federal court to have committed an IPV is disqualified from participating in the GR Program. The disqualification period is based on the type of violation and the order of occurrence.

WFP&I Investigation

Following an investigation by WFP&I, if an applicant/participant has been found to have committed an IPV to establish or maintain GR eligibility, the results of the investigation may be turned over to the District Attorney for prosecution to substantiate the IPV.

Note: Only WFP&I or its designated staff may update an OP to the IPV error type.

Refer to 20-002 Welfare Fraud Prevention and Investigations Processes for more information on IPV policy and procedures.

IPV Penalties

IPV Offense

• Provides false or misleading statements or misrepresents, conceals, or withholds facts; or
• Commits an act intended to mislead, misrepresent, conceal, or withhold facts.

Penalty

• 1st Violation – Six-Month Penalty
• 2nd Violation – 12-Month Penalty
• 3rd Violation – Permanent Penalty

IPV Offence

• The IPV does not meet the permanent penalty criteria, and the resulting OP is less than $2,000.

Penalty

• Two-Year Penalty

IPV Offence

• Commits fraud by submitting more than one application for the same type of aid and for the same period of time.

Penalty

• 1st Violation – Two-Year Penalty
• 2nd Violation – Four-Year Penalty
• 3rd Violation – Permanent Penalty

IPV Offence

• The IPV does not meet the permanent penalty criteria, and the resulting OP is more than $2,000, but less than $5,000.

Penalty

• Five-Year Penalty

IPV Offence

• Made fraudulent statements or representations regarding their place of residence in order to receive assistance simultaneously from two or more states or counties;
• Receipt or attempted receipt of cash benefits in excess of $5,000 through fraudulent means; or
• Receipt of cash benefits in excess of $10,000 through fraudulent means.

Penalty

• Permanenent Penalty

Note: Penalties are not subject to review or revision.

Refer to 63-805 Intentional Program Violation for the CalFresh portion of the GR/CalFresh combination cases.

IPV OP Adjustment

An OP resulting from an IPV is adjusted to the fullest extent possible (up to 100% of the monthly GR grant, if necessary, and in the shortest time possible). The OP adjustment is in addition to the IPV penalty and not in substitute of it.

Refer to 44-309 General Relief Overpayments for more information.

Note: If a participant has been found to have committed an IPV by transferring property or income to establish or maintain GR eligibility, and the IPV has resulted in an OP of more than two months’ worth of the monthly GR grant, the California Statewide Automated Welfare System (CalSAWS) is programmed to apply a Period of Ineligibility to recoup the OP amount in addition to the initial IPV penalty period.

Refer to 42-200 Property policy for more information.

IPV Penalty Time Frames

If a penalty is ordered by a court of appropriate jurisdiction, but the date of the penalty is unknown, DPSS must initiate the penalty within 45 days of the date of the order. If the accused participant signs a DCA, the penalty must be initiated within 45 days of the signing of the DCA unless contrary to a court order.

Suspension of IPV Penalty

If an applicant/participant loses GR eligibility prior to the imposition of or during the IPV penalty period, the IPV penalty is suspended until the applicant/participant reapplies and is determined to be eligible for GR.

Authorized Representative

A penalized GR applicant/participant may not act as an authorized representative for another applicant/participant during the IPV penalty period unless the penalized applicant/participant is the only adult member of a household, and eligibility staff have determined that no other individual is available.

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