106 Mass. Reg. 706.305

Current through Register 1523, June 7, 2024

Section 706.305 - Intentional Program Violations(IPV) Disqualification Penalties

(A)IPV/ Disqualification Penalties. Unless the conditions in 106 CMR 706.305(B) apply, an individual found to have committed an IPV by an Administrative Disqualification Hearing(ADH) or a court of appropriate jurisdiction provided in 106 CMR 706.350, shall be ineligible to participate in the TAFDC or EAEDC assistance programs for a period of six months for the first finding, 12 months for the second finding, and permanently for the third finding.

The Department shall disqualify only the individual found to have committed an IPV, not the entire assistance unit. However, if the disqualified individual is a member of the filing unit, his or her income shall be considered available to the assistance unit. The period of disqualification shall begin in the first possible month following the date written notification of the ADH decision is sent to the individual.

If the individual is no longer participating in the assistance programs or has been previously disqualified from eligibility, the IPV disqualification shall be deferred until such time as he or she applies or reapplies after the disqualification period expires, and is determined otherwise eligible. An individual who is sanctioned for any other reason shall have his or her IPV disqualification deferred until such time as the sanction has ended and the individual is determined otherwise eligible.

If the individual waives his or her rights to an ADH in accordance with 106 CMR 706.340 or signs a consent agreement with a court of law, the length of the disqualification period shall be determined by regarding each waiver or agreement as one finding that an IPV was committed.

Once disqualification commences, it shall continue uninterrupted regardless of current eligibility. In cases of an individual's disqualification resulting from a prior receipt of assistance, the disqualification will be postponed until after assistance is approved for the disqualified individual. Recovery of any overpayment, in accordance with 106 CMR 706.290, shall continue regardless of eligibility status.

(B)Court Convictions for Fraud.

(1) A grantee who is convicted of felonious fraud against the Department's programs for an amount of $1,000 or more is permanently ineligible to receive:

(a) TAFDC for himself or herself, if the fraud was committed on or after November 11, 1995; or

(b) EAEDC for himself or herself, if the fraud was committed on or after May 1, 1996. In a two-parent household, both parents shall be ineligible for public assistance.

(2) An individual convicted in a federal or state court of having made a fraudulent statement or representation with respect to his or her place of residence, in order to receive assistance simultaneously from two or more states, is ineligible to receive TAFDC for a ten-year period if the fraud was committed on or after September 26, 1996.

The ten-year period begins on the date of the fraud conviction.

106 CMR 706.305

Amended by Mass Register Issue 1461, eff. 1/4/2022.

Amended by Mass Register Issue 1465, eff. 1/4/2022.