Revision 15-4; Effective October 1, 2015

All Programs

An IPV occurs when a person intentionally makes a false or misleading statement, or misrepresents, conceals, or withholds facts for the purpose of receiving assistance under Texas Health and Human Services Commission (HHSC) benefit programs.

Note: A person may be charged with an IPV, even if benefits the person was not entitled to receive have not actually been received.

SNAP

An IPV occurs when a person commits an act that constitutes a violation of the Food and Nutrition Act, the Supplemental Nutrition Assistance Program (SNAP) regulations, or any state statute for the purpose of using, presenting, transferring, acquiring, receiving, possessing, or trafficking of benefits, authorization cards, or reusable documents used as part of an electronic benefit delivery system (Electronic Benefit Transfer [EBT]).

B—911 Elements of an IPV

Revision 11-4; Effective October 1, 2011

All Programs

An IPV must contain at least one or more of the following elements:

  • a falsified document,
  • a falsified statement,
  • a falsified interview,
  • a continuing scheme, or
  • trafficking of benefits.

See Glossary for definitions of the above terms.

B—912 IPV Disqualification Penalties

Revision 20-4; Effective October 1, 2020

General Policy

The Office of Inspector General (OIG) may establish an overpayment claim for a person found guilty of committing fraud in the SNAP and TANF programs. There is no IPV disqualification or disqualification penalty imposed for Medicaid or the Children's Health Insurance Program (CHIP).

SNAP and TANF

A person found guilty of an IPV by a court will be disqualified as specified by the court. If the court fails to specify a disqualification, OIG will impose the appropriate IPV disqualification penalty as listed below.

TANF

A person found guilty of an IPV by an administrative disqualification hearing (ADH) or who signs an ADH waiver for an IPV that occurred on or after Sept. 1, 2003, will be disqualified:

  • for 12 months for the first offense; and
  • permanently for the second offense.

A person convicted of a state or federal IPV and granted deferred adjudication, or placed on community supervision for conduct that constitutes an IPV, will be permanently disqualified from receiving TANF assistance.

Exception: A person found guilty of an IPV in federal court, state court, or in an ADH for making a fraudulent statement or representation with respect to the identity or residence of the person to receive multiple benefits simultaneously, will be disqualified for 10 years.

SNAP

A person found to have committed an IPV either through an ADH or by a federal, state, or local court, or to have signed either a waiver of right to an ADH or a disqualification consent agreement in cases referred for prosecution, will be disqualified:

  • for 12 months for the first offense;
  • for 24 months for the second offense; and
  • permanently for the third offense.

SNAP Specified Offenses

A person found guilty of an IPV in a federal court, state court or in an ADH for making a fraudulent statement or representation with respect to the identity or residence of the person to receive multiple benefits simultaneously, will be disqualified for 10 years.

A person found guilty of an IPV in federal, state, or local court of having used or received SNAP benefits in a transaction involving the sale of a controlled substance will be disqualified:

  • for 24 months for the first occasion; and
  • permanently for the second occasion.

A person convicted by a federal, state or local court of an IPV due to trafficking in SNAP benefits or program access devices, such as EBT cards, with a conviction for an aggregate amount of $500 or more, will be permanently disqualified.

A person found guilty of an IPV in federal, state, or local court of having used or received benefits in a transaction involving the sale of firearms, ammunition, or explosives will be permanently disqualified.