The Online Resource for Massachusetts Poverty Law Advocates

97. When can my benefits be stopped for an intentional program violation?

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 EAEDC benefits for yourself for

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.

If you are not currently receiving benefits, DTA will wait to start the disqualification period until you reapply and become eligible in the future. 106 C.M.R. § 706.305(A).

In addition to disqualifying you from benefits for an IPV, DTA will recover the overpayment by taking money out of your current or future benefits. See Questions 99-100.

There are separate but similar IPV rules for food stamps. 106 C.M.R. §§ 367.500-367.800.

Advocacy Reminders:

  • 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 can only stop benefits for the person who committed the intentional program violation. 
  • The period of disqualification must begin with the first possible month after written notice of the IPV decision. 106 C.M.R.§ 706.305. If DTA misses that date, you should not be disqualified for additional months that DTA missed.
  • An IPV is a very serious matter. Contact Legal Services right away if you get notice of an IPV. See Appendix I.
  • You can lose benefits forever if a court convicts you of fraud of $1,000 or more, 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(B).

 

 

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