Intentional Program Violation (IPV)

Definition [63-801.23]

An IPV overissuance occurs when a household member intentionally:

Makes a false or misleading statement; misrepresents, conceals or withholds facts.
- ExampleExample
  
  A CalWORKs and CalFresh recipient has expenses which exceed her income. When questioned, she admits she has been working full-time for the last year.

Commits any act which constitutes a violation of CalFresh regulations, or any State statute relating to CalFresh:
- Use
- Presentation
- Transfer
- Acquisition
- Receipt
- Possession
ExampleExample

A client trades CalFresh benefits for cash to take a vacation.

Restrictions

An overissuance cannot be classified as an IPV, unless:

An administrative disqualification hearing official or a court of appropriate jurisdiction has determined that a household member or the sponsor had committed an IPV,
OR
An individual accused of an IPV has signed either:
- A “Disqualification Consent Agreement” (DFA 478), OR
- A “Waiver of Rights to an Administrative Disqualification Hearing.”

Treatment

An IPV overissuance is treated as an IHE until one of the restrictions above has been met.

Categorical Eligibility (CE) Households

An IPV overissuance claim shall not be established for a CE household unless it is based on a change in:

The household's net income (based on income or deductions), or
The number of persons in the household.

CE status cannot be rescinded after benefits are issued, even if the household is later determined to have been ineligible for PA.

Trafficking of Benefits

Definition

“Trafficking” of Benefits is defined as:

The buying or selling of CalFresh, access devices or authorization documents for cash or consideration other than for eligible food, or
The exchange of firearms, ammunition, explosives, or controlled substances for CalFresh benefits.

Timeframe for Trafficking of Benefits

A claim involving the trafficking of CalFresh benefits is established based on the value of the benefits trafficked after a hearing determines that an IPV has been committed. Before a qualifying official makes an IPV determination, claims involving trafficking of benefits are to be established as an IHE. Trafficking of benefits must be established by the end of the SAR period following the period in which the offense was discovered and for the value of the benefits trafficked.