N.Y. Comp. Codes R. & Regs. tit. 18 § 359.3

Current through Register Vol. 46, No. 45, November 2, 2024

Section 359.3 - Standards

The standards for determining whether an individual has committed an intentional program violation are:

(a) A public assistance-IPV occurs when an individual, for the purpose of establishing or maintaining the eligibility of the individual or of the individual's family for public assistance or of increasing or preventing a reduction in the amount of such public assistance, individually, or as a member of a family, applies for or receives public assistance and is found to have intentionally:

(1) made a false or misleading statement, or misrepresented, concealed or withheld facts concerning the individual's, or the individual's family's eligibility for public assistance;

(2) committed any act intended to mislead, misrepresent, conceal, or withhold facts or propound a falsity concerning the individual's, or the individual's family's eligibility for public assistance; or

(3) engaged in any conduct inconsistent with the requirements of Part 350, 351, 352, 369 or 370 of this Title.

(b) An FS-IPV occurs when an individual has intentionally:

(1) made a false or misleading statement, or misrepresented, concealed or withheld facts concerning the individual's eligibility for food stamps; or

(2) committed any act constituting a violation of the requirements of the Food Stamp program, including, but not limited to, acts constituting a fraudulent use, presentation, transfer, acquisition, receipt, possession or alteration of food stamp coupons or authorization to participate cards or any other evidence of the individual's eligibility for food stamps.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 359.3