1145.000.00 DISQUALIFICATION FOR INTENTIONAL PROGRAM VIOLATION

1145.015.05 Timely Disqualifications

IM-#140 November 30, 2005

Disqualifications must be imposed timely, regardless of whether the individual is currently active in a food stamp EU. Timely is defined as follows.

  • For a criminal or court disqualification, within 45 days of the court order/decision, unless the court specifies a disqualification period or specifies the implementation date.
  • For an administrative disqualification hearing, the month after the date the EU member receives notification of the hearing decision.
  • For a waiver of the right to an administrative disqualification hearing, the month after the date the EU member receives notification of the waiver.

NOTE: If there are less than five business days remaining in the month after the EU member receives notification of the hearing decision or waiver, the disqualification must be imposed the second month following the notification.

Refer to the Entering a Sanction or Disqualification user guide for instructions.

Once a disqualification penalty begins, the period of disqualification continues uninterrupted until completed, regardless of whether the food stamp case is active. The disqualification period expires at the end of the specified time, as if the EU were still participating.

EXAMPLE: The certification period for Mrs. Howell is from January through June. Mr. Howell is disqualified for 12 months beginning in April. Mrs. Howell does not reapply for food stamps until November and is certified for 6 more months. Mr. Howell’s disqualification lasts through March and he is reinstated for April.

Disqualification penalties remain with the individual regardless of the county or state.

EXAMPLE: Ms. Grant is disqualified for an IPV in Texas. She moves to Missouri and applies for food stamp benefits. Texas verifies Ms. Grant was disqualified in their state. She is ineligible to participate until her disqualification period has ended.