359.3 Standards. The standards for determining whether an individual has committed an intentional program violation are:

    (a) A public assistance-IPV occurs when an individual has established or maintained his or her eligibility or the eligibility of the individual's family for public assistance or has increased or prevented a reduction in the amount of public assistance, by intentionally:

        (1) making a false or misleading statement, or misrepresenting, concealing or withholding facts concerning the individual's eligibility for public assistance;

        (2) committing any act intended to mislead, misrepresent, conceal, or withhold facts or propound a falsity concerning the individual's eligibility for public assistance; or

        (3) engaging in any conduct inconsistent with the requirements of Parts 350, 351, 352, 369 or 370 of this Title.

    (b) An FS-IPV occurs when an individual has intentionally:

    (1) made a false or misleading statement, or misrepresented, concealed or withheld facts concerning the individual's eligibility for food stamps; or

        (2) committed any act constituting a violation of the requirements of the Food Stamp program, including, but not limited to, acts constituting a fraudulent use, presentation, transfer, acquisition, receipt, possession or alteration of food stamp coupons or authorization to participate cards or any other evidence of the individual's eligibility for food stamps.

Return to DSS Regs Table of Contents| Search DSS Regs