1385 Intentional Program Violations | TANF

Georgia Division of Family and Children Services
TANF Policy Manual

Policy Title:

Intentional Program Violations

Effective Date:

October 2024

Chapter:

1300

Policy Number:

1385

Previous Policy Number(s):

MT 51

Updated or Reviewed in MT:

MT-78

Requirements

Individuals who have committed an intentional program violation (IPV) are disqualified from receiving TANF.

Basic Considerations

An IPV is an intentional action by an individual to establish or maintain an assistance unit’s (AU’s) eligibility, or to increase or prevent a decrease in the AU’s benefits, by providing false or misleading information or withholding information.

The Office of Investigative Services (OIS) is the state agency responsible for establishing the existence of an IPV.

An IPV is established by one of the following methods:

conviction by a court
administrative finding.

An administrative finding includes the following:

signing of a Prosecuting Attorney’s Consent (PAC) Agreement.
an Administrative Disqualification Hearing (ADH) completed by the Office of State Administrative Hearings (OSAH).
a Waiver of Disqualification Hearing (WDH) completed by OIS.

OIS notifies the county when an individual has been found to have committed an IPV and the method by which the IPV was established.

A disposition package is forwarded to the county by OIS and includes one of the following:

a copy of the court order authorizing the disqualification
a copy of the PAC Agreement
a copy of the ADH decision
Form 5640, WDH, consent agreement

Disqualifications

In individual who is disqualified cannot be included in the AU. Refer to Section 1665 Budgeting the Income of a Disqualified Individual, for treatment of income and Section 1505 Resources for treatment of resources.

Disqualification Periods

The appropriate disqualification period is determined by the OIS agent who adjudicated the claims based on the following criteria:

whether the IPV is established by a conviction or an administrative finding,
the reason for the conviction,
the date the IPV was committed,
the number of IPVs committed by the individual.

Convictions for Misrepresenting Residency

Individuals convicted on or after January 1, 1997, of misrepresenting their residency in order to receive TANF, Medicaid, SNAP or SSI in two or more states simultaneously are disqualified from receiving TANF for 10 years.

Convictions for Offenses other than Misrepresentation of Residency

Individuals convicted of an offense other than misrepresentation of residency are disqualified from receiving TANF.

Disqualification periods for these convictions are based on when the commission of the IPV began.

Only IPVs committed in Georgia are considered when establishing the disqualification period for an individual convicted of an IPV other than misrepresentation of residency.

Individuals convicted of committing an IPV for an offense other than misrepresentation of residency on or after July 1, 1998, are disqualified from receiving TANF for the following periods:

first conviction - six months
second conviction - twelve months
third conviction - permanently.

Individuals convicted of committing an IPV for using cash assistance funds or the TANF EBT transactions performed at liquor stores , casinos, adult entertainment business, bails, bonds, night clubs/salons/taverns, bingo halls, race tracks, gun/ammunition stores, cruise ships, psychic readers, smoking shops, tattoo/piercing shops, and spa/massage salons after June 2012 are disqualified from receiving TANF for the following periods:

first conviction - six months
second conviction - twelve months
third conviction - permanently.

Court Ordered Disqualification Periods

If a court order imposes a disqualification period other than those indicated, the court-ordered period is imposed.

Administrative Findings

Individuals found to have committed an IPV through a PAC agreement, an ADH or a WDH are disqualified from receiving TANF for the following periods:

first violation - six months
second violation - twelve months
third violation - permanently.

Only IPVs committed in Georgia are considered when establishing a disqualification period for individuals found to have committed an IPV through an administrative finding.

Effective Month of Disqualification

Adequate notice must be provided to the AU prior to imposing a disqualification. Timely notice is not required. The disqualification is imposed as early as the month following the month adequate notice is sent but no later than the second month following that notice.

If a court order specifies a date for imposing the disqualification, the court-ordered date is imposed. If the individual is not receiving cash assistance for the effective month of the disqualification, the disqualification is postponed until the individual reapplies and is approved for cash assistance.

Once a disqualification period is imposed, it remains in effect until the end of the disqualification period, regardless of the continuing eligibility of the disqualified individual.

If the disqualification is not imposed for the appropriate month, an overpayment (OP) exists.

Refer to section 1665 Budgeting the Income of a Disqualified Individual.

The following chart provides the disqualification periods applied to individuals who have committed an IPV:

Chart 1385.1 - IPV Disqualification Periods

IPV CATEGORY	DISQUALIFICATION PERIOD
Individuals convicted on or after January 1, 1997, of misrepresenting residency in order to receive TANF, Medicaid, SNAP or SSI in two or more states simultaneously.	disqualified for 10 years
Individuals convicted of other IPVs which were committed on or after July 1, 1998	first conviction - six months second conviction - twelve months third conviction - permanently
Individuals found through PAC, ADH or WDH to have committed an IPV.	first violation - six months second violation - twelve months third violation - permanently
Individuals convicted of IPVs that were committed on or after June 1, 2012.	first violation - six months second violation - twelve months third conviction - permanently

IPV CATEGORY

DISQUALIFICATION PERIOD

Individuals convicted on or after January 1, 1997, of misrepresenting residency in order to receive TANF, Medicaid, SNAP or SSI in two or more states simultaneously.

disqualified for 10 years

Individuals convicted of other IPVs which were committed on or after July 1, 1998

first conviction - six months

second conviction - twelve months

third conviction - permanently

Individuals found through PAC, ADH or WDH to have committed an IPV.

first violation - six months

second violation - twelve months

third violation - permanently

Individuals convicted of IPVs that were committed on or after June 1, 2012.

first violation - six months

second violation - twelve months

third conviction - permanently

Procedures

Follow the steps below when notification is received from OIS that an IPV has been established:

Step 1	Determine the method by which the IPV was established.
Step 2	Determine the reason for the conviction if convicted by the court.
Step 3	Determine the date the IPV was committed.
Step 4	Determine the number of IPVs committed by the individual.
Step 5	Disqualify the individual who committed the IPV for the appropriate period.
Step 6	Determine eligibility for the remaining AU members. Do not include the disqualified member in the AU.
Step 7	Provide adequate notice to the AU prior to imposing the disqualification. Timely notice is not required. Include in the notice the new benefit amount and the period of the disqualification.
Step 8	Impose the IPV disqualification effective as early as the month following the month of the adequate notice sent in Step 7, but no later than the first day of the second month following that notice. Comply with the court order if it specifies the date for imposing the disqualifications. If the disqualified individual is not receiving benefits for the effective month, postpone the disqualification until the individual applies for and is determined otherwise eligible for benefits.
Step 9	Consider any OPs created when the disqualification is not imposed timely.
Step 10	Enter a task for the end of the disqualification period if the individual will be eligible to be included at that time.
Step 11	Ensure all supporting documents and notices are scanned into Web Enterprise Capture (WEC).
Step 12	If a case with a pending IPV disqualification is closed before the disqualification period begins, document case notes. Once imposed, continue the period of disqualification uninterrupted regardless of the eligibility of the disqualified individual.
Step 13	Establish a claim record, if appropriate.