Disqualification Procedures

The DA clerk receives notification from the court's conviction record of the IPV. Upon receiving this notification, the DA clerk gives the DA file to the IEVS EE who follows these steps. The procedures below provide an overview of the IPV disqualification process. The specific steps of the process are below.

  1. IEVS EE:
    1. Receives notification of the IPV disqualification
    2. IDs the person who committed the IPV to:
      1. Determine the case status. (Priority is given to active cases.)
    3. Reviews the Microfiche to check for prior convictions.
    4. Determines the disqualification period and completes the "Notice of Administrative Disqualification CalWORKs Program" (ABCD 239 7A). Indicates the sanction/penalty period.
  2. IEVS Supervisor:
    1. Reviews the case to assure that the IPV sanction/penalty has been correctly determined and completed.
    2. Returns the file with the ABCD 239 7A to the EE.
  3. 3IEVS EE:
    1. Completes the IPV Sanction/Penalty process.
    2. Sends one copy of the ABCD 239 7A to the DA office, keeps one copy for the IEVS file, and Images the form into the case.

IEVS EE Actions on Active Cases

Upon receiving the fraud notification from the DA’s office, the EE takes the following steps to complete the IPV sanction/penalty process within 45 days of the date of the disqualification was ordered.

  1. Determines the length and beginning date of the sanction/penalty period.
    1. The possible sanction/penalty periods are: Six (6) months
      1. Twelve (12) months
      2. Two (2) years
      3. Four (4) years
      4. Five (5) years Permanent.
    2. No more than two IPV acts which occurred prior to January 1, 1998 are considered when determining which fraud penalty to impose.
    3. The sanction/penalty period is effective the first of the month after sending a timely and adequate NOA.
  2. Completes the ABCD 239 7A and "Disqualifed Recipient Report" (DPS 524) using the code 06 for State and 085 for County.
  3. Applies the sanction/penalty in the Collect Sanction/Penalty Summary window of CalSAWS and change the overpayment type to IPV as appropriate. Sends both the appropriate NOA and the “Notice of Administrative Disqualification” (ABCD 239.7A).
    1. REMINDER: When an individual in the AU is penalized, that person is considered an AU member and must meet all other eligibility requirements, such as registering with Employment Services and cooperating with Family Support. The income and resources of the penalized person are considered, but the needs of the penalized person are not allowed. Refer to Ineligibility for Entire AU for more information.
    2. REMINDER: When an individual is sanctioned, that person is actually removed from the AU. The income and resources of the individual are considered, but the needs of the sanctioned person are not allowed. Refer to Sanctioned Persons [EAS 82-832.2] for more information.
  4. Images all paperwork related to the IPV sanction/penalty into case file.

IEVS EE Actions on Closed Cases

When an IPV determination is made on an individual who is no longer on CalWORKs, the IEVS EE takes the following steps to have the information in the case record:

  1. Receives the DA file and notification from the DA clerk that an individual has an IPV.
  2. Completes and sends NOA ABCD 239.7A to inform the client of the penalty/sanction.
  3. Sends one copy of the ABCD 239 7A to Collections, keeps one copy for the DA file.
  4. Documents on the Journal Detail page that the IPV sanction/penalty must be implemented once the individual's AU is determined eligible for CalWORKs. The documentation must includes the name of the Individual and the disqualification period.
    1. EXAMPLE: “Michael has an IPV — 12 month penalty must be applied”.
  5. Images the ABCD 239 7A into case file.

Related Topics

Intentional Program Violation (IPV) - General

IPV Disqualification - Prior to 1/1/98

IPV Penalty Period - On or After January 1, 1998

Application of Fraud Penalties/Sanctions