Disqualify families who have committed an Intentional Program Violation (IPV). An IPV disqualification can be established by any of the following:
Disqualify the entire family from receiving benefits for the following lengths of time when a member or members of a family receiving child care assistance is found to have committed an Intentional Program Violation:
Once an IPV has been established, send the Notice of Program Disqualification DHS-3134 (PDF) and if the family’s case is open, send a 15-day notice to end assistance. The disqualification period must be immediately applied allowing for a 15-day notice. See Chapter 12 (Notices).
The disqualification is not appealable through an administrative hearing. The disqualification is appealable only through district or appellate court action. The disqualification remains in effect, without possibility of administrative stay, unless the findings are later reversed by a court of appropriate jurisdiction.
The effective date of the disqualification period is the later of:
· The effective date of the CCAP termination notice OR
· The date of the IPV determination. Examples include:
o Date of the signed Disqualification Consent Agreement
o Date of the signed Administrative Disqualification Hearing Waiver
o Date of the Administrative Disqualification Hearing decision or court decision.
When an IPV is established against a family, the penalty period cannot be extended for other violations where fraud was not determined. Agencies may cite overpayments for prior time period(s), if additional violations exist.
Keep all records regarding the disqualification in the family’s case file. Include this information if transferring the file to another agency.
If the family’s CCAP case is active at the time the disqualification is entered, MEC² will give a 15-day notice and calculate the disqualification period.
If a family’s CCAP case is closed at the time the disqualification is entered, contact the TSS Help Desk. The TSS Help Desk will enter the IPV and will result in the family serving their full disqualification period.
See the MEC² User Manual > Case Management and Eligibility > Case Data Windows > Window Summary Window > Fraud Window.
If a family is disqualified from MFIP due to MFIP fraud, the family is no longer eligible for MFIP child care assistance but may be eligible for BSF. See Chapter 18.104.22.168 (MFIP special circumstances).
Families serving a disqualification period for child care fraud in another state remain disqualified in Minnesota.
Minnesota Rules 3400.0183
Minnesota Statutes 256.98, subd. 8(b)