What if DTA says I committed fraud or an “IPV”?

Produced by Patricia Baker and Victoria Negus
Reviewed January 2018

An IPV is an "intentional program violation." That is when a court or hearing officer determines that you gave DTA false or misleading information on purpose, willfully hid information in order to get benefits you are not eligible for, or intentionally did not report a change that you were required to report and would have reduced your benefits. 106 C.M.R. § 367.525. Purposely giving false or misleading information or willfully hiding information in order to get benefits is fraud.

How do I know if DTA thinks I intentionally broke SNAP rules in order to get more SNAP?

DTA is required to send you a notice about an Administrative Disqualification Hearing. This notice sets a time and a date for a hearing with a DTA Hearing Officer. At this hearing the hearing officer will hear from DTA about why DTA thinks you intentionally broke SNAP rules in order to get more SNAP. If you get a notice about an Administrative Disqualification Hearing, call Legal Services as soon as possible. 

How is the IPV overpayment calculated?

For an overpayment that was due to purposely misleading DTA  (intentional program violation), DTA calculates the difference between what you got and what you should have gotten after allowing all applicable deductions, but you will not get the 20% earned income deduction off your earned income. 106 C.M.R. § 367.500(A).

The first month of an overpayment is the month the change would have been effective if it had been reported on time. 106 C.M.R. §§ 367.495(D), 367.500(A).

For an IPV, DTA cannot pursue any overpayment where the benefits were issued more than six years before it became aware of the overpayment. 106 C.M.R. §§ 367.495, 367.500(A).

Find Legal Aid

You may be able to get free legal help from your local legal aid program. Or email a question about your own legal problem to a lawyer.

Ask a Law Librarian

If it's
Monday-Friday
between
9am and 4pm