Current through Register Vol. 56, No. 18, September 16, 2024
(a) Intentional program violation (IPV) is any
statement or act by an individual for the purpose of establishing or maintaining the assistance unit's
eligibility for WFNJ assistance, for increasing or preventing a reduction in the WFNJ assistance, or to
prevent denial or termination of WFNJ assistance, which is intentionally: a false or misleading statement or
misrepresentation, concealment, or withholding of facts; or an act intended to mislead, misrepresent,
conceal, withhold facts, or to propound a falsity.
1. "WFNJ assistance" is
defined, for this purpose, as WFNJ/TANF or WFNJ/GA cash assistance, WFNJ emergency assistance, WFNJ child
care benefits, WFNJ special payments, WFNJ temporary rental assistance, or WFNJ transportation or
work-related allowances or reimbursements.
(b) When
evaluating alleged IPV by an individual, there are three basic elements which must be established through
investigation:
1. The misrepresentation or concealment must have been
deliberate and done knowingly. IPV does not exist if the misrepresentation or concealment is the result of an
unintentional act, a misunderstanding or mental incompetence. Distinction must also be made between an intent
to defraud on the part of an individual, and omission, neglect or error by the county or municipal agency's
representatives in securing and recording information;
2. The
misrepresentation or concealment must have been undertaken for the express purpose of receiving or obtaining
benefit from, or attempting to receive or obtain benefit from, a payment of assistance to which the
individual was not entitled; and
3. If the misrepresentation or
concealment, or the attempt to misrepresent or conceal a relevant fact, had been known to the county or
municipal agency, assistance would not have been granted or would have been granted in a lesser
amount.
(c) The evidence to establish the three points
delineated in (b) above must be factual and capable of being demonstrated in an administrative
disqualification hearing or in a court of law through the testimony of witnesses, or by documentary
evidence.
(d) At the time of application for WFNJ, individuals
shall be provided with written notice informing them of the WFNJ disqualification penalties that will be
imposed for committing IPV. Current WFNJ recipients shall also be provided with the written notice at the
time of case redetermination.
(e) A person is presumed innocent
until proven guilty. Except as provided in
10:90-11.6(b), assistance shall be continued to
an eligible person, even though there is reason to suspect that IPV has been committed, while the facts are
under review by the county or municipal agency, or the law enforcement authority.
(f) The county or municipal agency shall ensure that an individual under
investigation shall have the following rights:
1. The county or municipal
agency shall ensure that information obtained from or concerning a person under investigation shall be
restricted in accordance with 10:90-7.7. The county or municipal agency shall take special
precautions in obtaining information from a third party so that no accusations relevant to the alleged IPV
are disclosed, including the reason for the investigation or the nature of the allegation, without the
written consent of the individual under investigation.
2. The
county or municipal agency shall ensure that investigative methods do not infringe on the civil liberties of
the individual or interfere with due process of law. The county or municipal agency shall be prohibited from
obtaining forced entry, conducting residence searches without consent of the client, making home visits
during normal sleeping hours (generally 10:00 P.M. to 7:00 A.M.), or requiring that an individual be
subjected to a lie detector test.
3. Rules on warning and waiver
of rights are as follows:
i. When the questioning of an individual regarding
a possible charge of IPV becomes accusatory in nature, no individual may be asked or permitted to sign any
waiver of rights before he or she has had an opportunity to read, or if necessary have read to him or her,
the individual's right to refrain from answering any questions and to terminate the interview at will at any
time. The individual shall also be given a copy of the statement explaining the individual's rights. The
individual shall also be advised at that time of the opportunity, where available, to obtain legal counsel
through Legal Services, the Legal Aid Society, or the lawyer referral service of the Office of the Public
Defender. The individual shall be advised at that time that if he or she requests the presence of an
attorney, the county or municipal agency shall postpone the interview for a reasonable period of time so that
the individual may arrange for legal representation.
ii. The
county or municipal agency representative shall ask if the individual wishes to sign the waiver of rights
statement, indicating that he or she acknowledges his or her rights and agrees to discuss the matter without
the presence of an attorney. The county or municipal agency representative shall witness the waiver by
signing and dating the document. A copy of the signed document shall be given to the individual.
iii. If the individual refuses to sign the waiver, no further questioning
shall occur at this time. If the individual requests the presence of an attorney, the county or municipal
agency shall postpone the interview for a reasonable period of time so that the accused individual may
arrange for legal representation. However, the investigation shall not be delayed pending the
interview.
