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RULE §357.561Terms and General Policy

(a) Food stamp, medical assistance, and financial assistance are indicated when the term "assistance" is used in this subchapter. Medical assistance, Temporary Assistance for Needy Families (TANF), and food stamp intentional program violations are not given special treatment except if specific procedural distinctions are noted.

(b) A household member has committed a food stamp intentional program violation if he has intentionally:

  (1) made a false and misleading statement;

  (2) misrepresented, concealed, or withheld facts; or

  (3) violated any provision of the Food Stamp Act, the Food Stamp Program regulations, or related state statutes in order to use, present, transfer, acquire, receive, or possess food stamp coupons or food stamp authorizations to participate (ATPs).

(c) A TANF intentional program violation occurs when a person, for the purpose of establishing or maintaining the eligibility of a person and the person's family for financial assistance under the Human Resources Code, Chapter 31, or for the purpose of increasing or preventing a reduction in the amount of that assistance, intentionally:

  (1) makes a statement that the person knows is false or misleading;

  (2) misrepresents, conceals, or withholds a fact; or

  (3) knowingly misrepresents a statement as being true.

(d) A household member may be charged with an intentional program violation even if he has not actually received benefits to which he is not entitled.

(e) The Texas Department of Human Services does not include as part of a claim any overissuance made prior to six years before the overissuance is discovered.

(f) In food stamp and TANF intentional violation proceedings against individuals, actions under either the food stamp or TANF programs will be coordinated with the actions under the other, to the extent possible.

Source Note: The provisions of this §357.561 adopted to be effective June 15, 1987, 12 TexReg 1394; amended to be effective July 1, 1992, 17 TexReg 3477; amended to be effective September 1, 2003, 28 TexReg 6951; transferred effective September 1, 2004, as published in the Texas Register September 17, 2004, 29 TexReg 9013

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