119. Can DTA stop your benefits for an intentional program violation?
DTA rules say it can stop your TAFDC benefits if you are found to have committed an intentional program violation (IPV).These rules may not be legal. Email info@masslegalservices.org if DTA says you are not or will not be eligible for TAFDC because of an IPV.
According to DTA rules, if you are found guilty of an IPV by a court of law or by a DTA hearing officer or you waived your right to an IPV hearing or signed a consent agreement in court, you will not be eligible for TAFDC benefits for yourself for
- 6 months for the first violation,
- 12 months for the second violation, and
- forever for the third violation. 106 C.M.R. §§ 706.305, 706.340.
In addition to disqualifying you from benefits for an IPV, DTA will recover the overpayment by taking money out of your children’s future benefits. See Question 122. See Questions 31 on the other possible effects of an IPV sanction.
There are separate but similar IPV rules for SNAP (food stamps). 106 C.M.R. §§ 367.500-367.800. The SNAP IPV rules may be legal even if the TAFDC IPV rules are not legal.
Administrative Disqualification Hearing (ADH) process
DTA has to follow special notice and hearing rules if it has charged you with an IPV. 106 C.M.R. § 706.320-706.345.
DTA will schedule a hearing, called an Administrative Disqualification Hearing (ADH). DTA will send you a notice of the hearing date at least 30 days ahead of time. You can seek legal help by contacting your local legal services office, Appendix D.
DTA’s notice of the ADH will also include a waiver form. If you sign the waiver form, you are giving up your right to a hearing to contest what DTA says led to the IPV and you are agreeing to repay what DTA says you owe. It is important to try to talk to a legal services advocate before signing a waiver form.
Advocacy Reminder
- Although DTA can recover the overpayment by cutting benefits for children or other people who were on the same grant with the person who committed the IPV, DTA rules say it can only stop benefits for the person who committed the intentional program violation.
- DTA has agreed not to bring an IPV case against you if DTA did not provide you with written warnings about IPV penalties in a language in which you are fluent.
- The period of disqualification must begin with the first possible month after written notice of the decision. 106 C.M.R. § 706.305. If DTA misses that date, you should not be disqualified.
- An IPV is a very serious matter. Contact legal services right away if you get notice of an IPV. See Appendix D.
Note: Under DTA rules, you can also lose TAFDC benefits forever if a court convicts you of fraud of $1,000 or more(a felony), even if this is the first conviction. You can lose your benefits for ten years if a court convicts you of intentionally trying to get benefits from two states at the same time. 106 C.M.R. § 706.305.