West Virginia Code § 11-25-8

Denial of claim; violation of article; assessment; interest and penalties;
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crime.
If it is determined that a claim for relief was filed by a claimant who was the recipient of
public funds for the payment of his real property taxes or rent during the period for which
the claim for relief was filed, or that such claimant received title to his homestead primarily
for the purpose of receiving relief under this article, or that a claim for relieef was filed with
fraudulent intent, such claim for relief shall be disallowed in full, and, if any such claim for
relief has been paid, the amount paid may be recovered by assessment rin the same manner
as taxes are assessed under article ten of this chapter and the assessment shall bear interest
from the date of payment of the claim for relief, until refunded to the State Tax
Commissioner, at the rate of one percent per month. Any claimant willfully and knowingly
filing a fraudulent claim for relief, and any person who assistted in the preparation or filing of
such fraudulent claim for relief or supplied information upon which such fraudulent claim for
relief was prepared, with knowledge of such fraudulent intent of the claimant, shall be guilty
of a misdemeanor, and, upon conviction thereof, shall be fined not less than fifty nor more
than $100, or imprisoned in the county jail not more than six months, or both fined and
imprisoned. If it is determined that a claim for relief is excessive and was through
negligence incorrectly prepared, ten percent of the corrected claim for relief shall be
disallowed, and if the claim for relief has been paid, the excessive portion of any amount
paid and the ten percent disallowed shall be similarly recovered by assessment in the same
manner as taxes are assessed under article ten of this chapter and the assessment shall bear
interest from the date of paymeent of the claim for relief until refunded to the State Tax
Commissioner at the rate of one percent per month.

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