It is also important to distinguish between intent to defraud and omission, neglect or error by the county dss in helping a recipient to understand his responsibilities and in securing and recording pertinent information. B. Fraud vs. Misrepresentation 1. Fraud Fraud is, by law, a crime against society which can only be determined in a criminal court. It is the willful and intentional act that creates the crime, rather than the resulting overpayment. As a result obtains, attempts to obtain or continues to receive assistance.
Misrepresentation causes monetary loss as a result of a recipient's action or inaction.
Misrepresentation can be intentional or unintentional. The recipient gives incorrect or misleading information in response to either oral or written questions. The information is provided with the knowledge that it is incorrect, misleading or incomplete. The recipient gives incomplete, incorrect or misleading information because he does not understand the eligibility requirements or his responsibilities to provide the county dss with required information. For questions or clarification on any of the policy contained in these manuals, please contact your local county office.