18 Miss. Code. R. 1-1.3

Current through December 10, 2024
Rule 18-1-1.3 - Definitions

Accused: This field is used to identify the person or persons accused of Suspected Intentional Program Violation (SIPV) and who may be found guilty of Intentional Program Violation (IPV). This should be the person that you feel deliberately failed to give correct or timely information in order to receive benefits that they were not entitled to receive.

Agency: Also known as the Mississippi Department of Human Services

Agency Error (AE): Any benefit error not attributed to a client's failure to timely report changes or give correct information.

Bankruptcy: A legal procedure for dealing with debt problems of individuals and businesses.

Bankruptcy Code: The informal name for The United States Bankruptcy Code.

Benefit Error: An over or under payment in a monthly benefit to which the recipient was not entitled.

Benefit Recovery: The process of identifying, validating, releasing, scheduling, and recovering overpayments.

Collections: The attempt to collect a debt as a result of an improper receipt of payment from a MDHS public assistance programs.

Creditor: One to whom the debtor owes money or who claims to be owed money by the debtor.

Debt: An amount of money that is owed to the agency.

Debtor: An individual who owes a debt to the agency.

DECCD: Division of Early Childhood Care and Development

Delinquent Debt: An overpayment where a payment has not been posted within a month of the establishment date or within a month of the last payment date. Payments must be received and posted monthly.

Discharge: A release of a debtor from personal liability for certain dischargeable debts set forth in the Bankruptcy Code. (A discharge releases a debtor from personal liability for certain debts known as dischargeable debts and prevents the creditors owed those debts from taking any action against the debtor to collect the debts. The discharge also prohibits creditors from communicating with the debtor regarding the debt, including telephone calls, letters, and personal contact.)

FNS: Food and Nutrition Services

Fraud: The commission of an intentional program violation.

Improper Payment: An incorrect payment made to a provider on behalf of a parent or guardian for Child Care and Development Fund (CCDF) subsidy at the time the payment was made. The error may have been due to Agency Error (AE), Unintentional Program Violation (UPV), or Intentional Program Violation (IPV).

Inadvertent Household Error (IHE): Any benefit error due to the client's unintentional failure to report error changes; or the result of a fair hearing request where benefits are continued pending the outcome of the hearing.

Intentional Program Violation (IPV): An intentional act by the parental authority or a childcare provider to misrepresent or mislead by providing false documentation or verification or intentionally omitting documentation or verification to wrongfully obtain eligibility for services or payment, which is proven by clear and convincing evidence.

Legally Enforceable: A debt that has a final agency determination that the debt in the amount stated, is due, and there are no legal bars to collection action such as a bankruptcy stay.

Liable Adults: Head of Household and all other members of the household who were 18 years and over at the time the overpayment or trafficking occurred.

Lien: The right to take and hold or sell the property of a debtor as security or payment for a debt or duty.

Offset: The act of causing funds otherwise due to the client to be used to pay a debt to the State.

Overpayment: Benefits received in excess of entitlement and the product of validating and releasing benefit errors.

Primary Party: Person responsible for the overpayment

Recoupment: The act of recovering a debt.

Repayment Agreement: A legal agreement established between the Benefit Recovery Unit and the client for the repayment of debt owed to MDHS.

Restitution: Restoring the funds that were taken outside of recoupments.

SNAP: Supplemental Nutrition Assistance Program.

State Review: A review requested by the debtor to verify the claim meets the criteria for referral to Treasury Offset Program conducted by Mississippi Department of Human Services.

Subgrantees: The legal entity to which a subgrant has been awarded.

Subgrant: An award of financial assistance in the form of money.

Suspected Intentional Program Violation (SIPV): occurs when the client intentionally falsified, misrepresented, or withheld information that would have caused ineligibility or reduced benefits.

TANF: Temporary Assistance for Needy Families

TOP (Treasury Offset Program): Federal computer program used to assist in recovery of delinquent debts through federal benefits, including but not limited to tax refunds, federal salaries, and retirement.

Trafficking: The act of selling or otherwise trading Supplemental Nutrition Assistance Program benefits for profit.

Unintentional Program Violation (UPV): An improper payment made on behalf of a parent/guardian to a childcare provider, due to a misunderstanding of policy or an unintended error on the part of the parent or childcare provider.

18 Miss. Code. R. 1-1.3

Adopted 7/11/2022