IM-118 10/05/98 IM-105/FSU5 DISQUALIFIED HOUSEHOLD MEMBER CODES
SUBJECT: |
IM-105/FSU5 DISQUALIFIED HOUSEHOLD MEMBER
CODES
FOOD STAMP MANUAL REVISION #9:
FORMS MANUAL REVISION #30: FDTI Instructions,
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DISCUSSION: |
The IM-105/FSU5 system and Disqualification
Tracking (DQ) System are changed effective October 13, 1998 to accept new
disqualification codes. The new codes were developed to track individuals
disqualified due to:
DISQUALIFICATION DUE TO INTENTIONAL PROGRAM VIOLATION (IPV) Receiving multiple benefits, using food stamps to purchase a controlled substance and the trafficking of food stamps involving $500 or more, are intentional program violations. Intentional program violations are tracked in the Disqualification (DQ) Tracking System. The Disqualification Tracking System is modified effective October 13, 1998 to accept disqualification records for individuals disqualified for these reasons. The new codes for the DQ system are: J = Received multiple benefits (misrepresented identity or residence),Enter the codes into the DQ Action Type field of the FDTU screen. Intentional program violation (IPV) codes cannot be entered through FSU5. The code transfers to field 26, disqualified HH member, of FSU5 when the system applies the disqualification. These disqualification types count toward an individual's limit of three IPV disqualifications. For example: An individual had disqualification number 1 (6 months) because of intentionally failing to report income. This was decided at an administrative hearing. The DQ system shows DQ Number 1 with DQ Action Type of H. The individual is now found guilty at an administrative hearing of an intentional program violation for receiving multiple benefits. This is entered into the DQ system as DQ number 2 with a DQ Action Type of J.ENHANCED PENALTY POLICY The enhanced penalty policy also applies to these disqualification types. The enhanced penalty provision means we cannot disqualify an individual for a violation that occurred prior to an earlier disqualification but was discovered after the earlier disqualification. For example: An individual signed a waiver of administrative hearing on 07/10/98 acknowledging intentional failure to report earned income. On 7/23/98, we discover the individual misrepresented residence and received multiple benefits for October, November and December, 1997. We would do a claim for October, November and December but we cannot disqualify the individual for this IPV because it occurred before the 07/10/98 disqualification.LENGTH OF DISQUALIFICATION The Food Stamp Act specifies the length of disqualification for these intentional program violations. The lengths are not the standard 12, 24 and off. The Disqualification Tracking System will NOT automatically calculate the length of the disqualification. Staff entering the DQ into the DQ system must enter into FDTU:
The length of disqualification in the DQ System can be only two digits and represents months. The length of disqualification for a first IPV due to receipt of multiple benefits is 120 months. Since the system cannot accept 120 months, we will use a length of 97. A length of 99 represents a permanent disqualification. Following are the lengths to use with DQ Action Types J, P and T. If the DQ Action Type is J:FDTI AND FDTU CHANGEDQ Number 1 = 97 monthsIf the DQ Action Type is P: Attached are revised FDTI and FDTU Instructions. Refer to the revised FDTU Instructions on how to enter an IPV disqualification into the DQ Tracking System. DISQUALIFICATION DUE TO A FOOD STAMP PROGRAM REQUIREMENT Fleeing felons/probation or parole violators and individuals convicted of a drug related felony cannot receive food stamps based on a food stamp program requirement. These are not intentional program violations. New disqualification codes to identify these individuals are: U = Drug convictionAs of October 13, 1998, enter these codes into Field 26, Disqualified HH Member, of FSU5 when rejecting or closing a case because all household members are disqualified due to one of these reasons. Use rejection/closing reason code 22, 23, or 24, Disqualification for Other than IPV. To insure that we can identify an individual disqualified due to a drug conviction or as a fleeing felon, a new edit is added to FSU5 to require code U, V, D or S in field 26 when the reason code is 22, 23, or 24. The edit allows the D or S code as well as the U and V because the D and S also pertain to a non-IPV disqualification. Use code U or V when approving a household in which a member is disqualified due to one of these reasons. Stop using code D for these types of disqualifications. SUSPENDED IMPOSITION OF SENTENCE Individuals who plead guilty to a felony offense relating to the illegal possession, use or distribution of a controlled substance are sometimes given a "suspended imposition of sentence (SIS)". A SIS is considered a conviction and makes an individual ineligible for the food stamp program. This type of conviction may be "erased" or "expunged" later. Once the conviction is expunged, it no longer exists. The individual can then receive food stamps, if otherwise eligible. APPLICANT'S DECLARATION ON FS-1/IM-2/MODIFIED IM-2 ATTACHMENT Food Stamp participants must respond to the six questions on the FS-1/IM-2/Modified IM-2 Attachment about receipt of multiple benefits, trafficking food stamps, felony drug conviction, fleeing a felony, and violation of probation or parole. For most households, we accept, without verification, the answers given by the applicant. If we find that the applicant failed to answer these questions honestly and an ineligible household member received benefits as a result, we should pursue an intentional program violation (IPV) disqualification against the ineligible member. The decision to disqualify will come from a consent/waiver agreement, administrative hearing or court decision. Enter the disqualification into the Disqualification Tracking System using the appropriate code C, H or X. POLICY MANUAL REVISION The Food Stamp Manual revision was not sent with Memorandum IM-#19. The on-line manual is updated. The revised pages for the hard copy of the on-line Food Stamp manual are attached to this memorandum. IM-105 CODE SHEET The IM-105 code sheet dated November 1997 includes the new disqualified member codes. Begin using the new codes in the DQ Tracking System and FSU5. Stop using code D for these types of disqualifications. |
NECESSARY ACTION: |
Distribution # 3 |
1105.010.30
INELIGIBLE ALIENS
Some aliens may be lawfully admitted but
only for a temporary or specific period of time with no intention of abandoning
residence in a foreign country. Such aliens are: students,
tourists, visitors, and some workers and diplomats. Aliens in this
group are not eligible for FS because of the temporary nature of their
admission status. Although these aliens are not eligible for FS,
this does not affect the eligibility of other household members.
Consider resources of an ineligible alien in their entirety toward total
household resources. Prorate income of an ineligible alien.
Exclude the ineligible alien in determining household size.
1105.010.30.05 Ineligible Aliens as Head of Household When eligible members of a household are
all unemancipated minors (dependent children under age 18 living in the
household) and the only adult is an ineligible alien, the ineligible alien
may apply as head of the household on behalf of the eligible minors; however,
the ineligible alien is held responsible for any misrepresentation of fraud
committed in household certification. If the household contains another
eligible adult or emancipated minor (child under age 18 who is married
or has established his/her own household), the application must be taken
in the name of the other adult or the emancipated minor as the head of
the household even though he/she is not normally considered the head of
the household.
1105.010.30.10 Reporting Illegal Aliens Immediately inform the local INS office
of any household member(s) determined to be ineligible to receive FS because
the member(s) is present in the United States in violation of the Immigration
and Nationality Act. Document a determination that a household member(s)
is an ineligible alien and report to INS.
1105.010.40
Disqualified FLEEING FELONS
An individual is ineligible to participate
in the Food Stamp Program if s/he is fleeing to avoid prosecution, custody
or confinement after conviction, for a crime, (or attempt to commit a crime)
that is a felony under the law of the place from which the individual is
fleeing.
1105.010.45
Disqualified for FELONY DRUG CONVICTION
An individual is ineligible to participate
in the Food Stamp Program
1105-7 if the individual is convicted in a Federal or State court of a felony committed after August 22, 1996 related to illegal possession, use, or distribution of a controlled substance. Drug related offenses committed or convictions on or before August 22, 1996 do not affect eligibility for assistance. NOTE: A suspended imposition of
sentence is a conviction. This type of conviction may later be "erased"
or "purged". The individual can be eligible once the conviction is
purged, if otherwise eligible.
1105.010.50
Disqualified for PROBATION/PAROLE VIOLATION
An individual is ineligible to participate
in the Food Stamp Program if violating a condition of probation or parole
imposed under a Federal or State Law.
1105.010.55
Disqualified for TRAFFICKING FOOD STAMPS
An individual is permanently ineligible
to participate in the Food Stamp Program if convicted in a Federal or State
court of trafficking in Food Stamp benefits of $500 or more. Ineligibility
begins with the date of conviction.
1105.015.00 HOUSEHOLD
DETERMINATION
A household may be composed of any of the following individuals or groups of individuals (including the homeless person(s), provided that they are not residents of an institution, except those institutions authorized to participate in the program, or residents of a commercial boarding house). 1. An individual who:a. lives alone and purchases and prepares food for home consumption;
of the boarder available to the household.
However, consider the payment amount that the boarder contributes to the
household for lodging and meals as income to the applicant household.
1105.015.05.20 Foster Care Children Foster Care children are considered boarders in that the household elects whether or not the child is included in the FS household. However, they differ from other boarders in two ways: 1. if included in the household's membership, count their entire income as unearned income; and 2. the reasonable compensation evaluation
is not necessary to qualify them as boarders.
1105.015.05.25 Elderly Persons Unable to Purchase/Prepare Food The following individuals may choose to be considered non-household members: an individual aged 60 or older living with others (and spouse of such an individual) and unable to purchase and prepare meals because he/she suffers from a disability considered permanent or suffers from a non-disease related severe, permanent disability if that individual (and spouse of such individual) have income in excess of FS requirements. NOTE: Individuals meeting
the above definition may apply as a separate household.
1105.015.05.30 Live-in Attendants and Other Non-household Members A live-in attendant is defined as an individual living in the household to provide medical care, housekeeping services, child care, or other similar personal services. Do not consider a live-in attendant as a household member. Other non-household members include individuals
who share living quarters with the household but do not customarily purchase
food and prepare meals with the household.
1105.015.10
EXCLUDED HOUSEHOLD MEMBERS
Do not include the following individuals
residing in a household in determining eligibility or benefit amount:
ineligible aliens, persons disqualified for failure to provide an SSN,
persons disqualified for
1105-13 IPVs, persons disqualified for failure
to comply with work registration components, persons subject to and not
meeting the work requirement for 18 to 50 year olds, ineligible students,
fleeing
felons, persons disqualified for a felony drug conviction and persons disqualified
for probation or parole violations. However, consider income
and resources of Excluded Household Members as available to the remaining
household members as outlined below. Excluded household members may
not participate in the program as separate households.
1105.015.10.05 Ineligible Aliens Ineligible aliens do not meet citizenship or eligible alien requirements. Count resources of ineligible aliens as available to the remaining household members. Count the income of an ineligible alien as income to the household less a pro rata share for the ineligible alien(s). An ineligible alien does not affect the household's categorical eligibility status if all the remaining household members receive Temporary Assistance/SSI/SAB/SP/GR. Evenly divide that portion of the household's
allowable shelter and dependent care expenses, that are either paid by
or billed to the excluded members, among the household members including
the excluded members. Count all but the excluded members' share as
a deductible expense for the remaining household members.
1105.015.10.10 Disqualified for Failure to Provide SSN Count resources of these individuals as available to the remaining household members. Count income of these individuals as income to the household less a pro rata share for the disqualified individual. Evenly divide that portion of the household's
allowable shelter and dependent care expenses, that are either paid by
or billed to the excluded members, among the household members including
the excluded members. Count all but the excluded member's share as
a deductible expense for the remaining household members.
1105.015.10.15 Disqualified for Intentional Program Violations Attribute resources and income of these
individuals in their entirety to the remaining household members.
Continue to apply the household's entire allowable earned income, standard
medical, dependent care, and excess shelter deductions to the remaining
household. Do not give categorically eligible status to a household
containing a member disqualified for an IPV unless the member is a GR participant.
The household is categorically eligible if the disqualified member receives
GR.
1105-14 1105.015.10.20 Disqualified for Failure to Comply with METP Include resources and income of these individuals
in budget and resource determinations. Count the disqualified member's
share of income deductions and allowable expenses in the total household
deductions and expenses.
1105.015.10.25 Disqualified/Failure to Comply with 18 to 50 Year Old Work Requirement Include the full resources and income of
these individuals in budget and resource determinations. Count the
disqualified member's share of income deductions and allowable expenses
in the total household deductions and expenses.
1105.015.10.30 Ineligible Students Do not consider the income and resources
of an ineligible student when determining eligibility or the level of benefits
for other household members. Do not include the income deductions
and allowable expenses paid by the ineligible student in the household's
total deductions and expenses.
1105.015.10.35
Disqualified Fleeing Felons
Include the resources and income of these individuals in budget and resource determinations. Count the disqualified member's share of income deductions and allowable expenses in the total household deductions and expenses. NOTE: A suspended imposition of
sentence is a conviction. This type of conviction may later be "erased"
or "purged". The individual can be eligible once the conviction is
purged, if otherwise eligible.
1105.015.10.40
Disqualified for Felony Drug Conviction
Include the resources and income of
these individuals in budget and resource determinations. Count the
disqualified member's share of income deductions and allowable expenses
in the total household
1105.015.10.45
Disqualified Probation/Parole Violators
Include the resources and income of
these individuals in budget and
1105-15 resource determinations. Count
the disqualified member's share of income deductions and allowable expenses
in the total household deductions and expenses.
1105.015.10.50
Disqualified for Trafficking Food Stamp Benefits
Include the resources and income of
these individuals in budget and resource determinations. Count the
disqualified member's share of income deductions and allowable expenses
in the total household deductions and expenses.
1105.015.15
DUPLICATE PARTICIPATION
Do not allow any member of a FS household to participate in more than one FS household and/or more than one county. If duplicate participation is discovered at the time the household applies, reject the application or close the former case before the application is approved. If the duplicate participation involving two or more active cases resulted in an overissuance, and a possible IPV exists, refer to the Welfare Investigation Unit or schedule an administrative hearing if the overissuance does not meet WIU referral criteria. The county must decide if one or both of the active cases must be closed. Any individual found by a State agency,
through an administrative hearing, to have made, or is convicted in a Federal
or State court for making a fraudulent statement or representation with
respect to the identity or place of residence of the individual in order
to receive multiple benefits simultaneously under the Food Stamp Program
is ineligible to participate in the program for 10 years. The 10
year period begins with the date of conviction or state determination for
the offenses that occur after August 22, 1996. This is an intentional
program violation (IPV).
1105.020.00 IDENTITY Verify the identity of the person making
application. Where an authorized representative applies on behalf
of a household, verify the identity of both the authorized representative
and the head of household.
1105-15a 1110.010.00 PERSONS
WHOSE RESOURCES ARE TO BE CONSIDERED
Count resources of all persons determined to be household members. Do not count resources of non-household members (such as roomers/ boarders) toward total resources for the household. Exclude resources verified as belonging to a household member receiving Temporary Assistance, SSI, SP, or SAB when determining benefit eligibility. Consider resources (in their entirety) of household members who: have been disqualified for failure to provide a SSN, disqualified for IPVs, failure to comply with work registration components, persons subject to and not meeting the work requirement for 18 to 50 year olds, fleeing felons, for a felony drug conviction and for probation or parole violations when establishing eligibility for remaining household members. Count resources of an ineligible alien
as a resource in determining eligibility for remaining household members
if the ineligible alien would be considered a household member except for
his/her alien status.
1110.015.00 Jointly-Owned RESOURCES Consider resources held jointly by separate households or members of households as available in total to each household unless the household demonstrates that such resources are inaccessible. If the household demonstrates that it has access to only a portion of the resource, count the value of that portion of the resource toward the household's resource level. If a resource is held jointly with a person receiving Temporary Assistance, SSI, SP, or SAB, count only that portion of the resource contributed by the person not receiving those benefits. Consider the resource totally inaccessible to the household if the resource cannot practically be subdivided and the household's access to the value of the resource is dependent on the agreement of a joint owner who refuses to comply. EXAMPLE: If two people share a savings or checking account as joint tenants, either of them can withdraw any amount without the other's signature. This resource is held jointly for FS purposes and the total value of the checking/savings account is considered an available liquid resource for each person. EXAMPLE: If a group of people have an undivided interest in a piece of property, one person cannot sell another's interest in the property. Even though the resource is contained in one place, it is not a resource held jointly for FS purposes because each person has access only to the portion of the interest that belongs to him/her. 1. Determination of property as a resource is dependent on whether or not the property in question is devisable for 1110-2 separate sale, or if its sale requires the concurrence of all property owners and can be sold as one parcel. It is not practical to subdivide the property if the financial 1110-2a FDTI Instructions,
Page 1
FDTI - FOOD STAMP DISQUALIFICATION TRACKING
INQUIRY SCREEN
PURPOSE: To provide a history of food stamp disqualifications due to intentional program violations (IPV). Use it to obtain information about an IPV Disqualification. MANUAL REFERENCE: Food Stamp Manual, Section 1145.000.00. DISTRIBUTION: FDTI is an inquiry screen. It is accessible to all Division of Family Services' Income Maintenance staff. INSTRUCTIONS: Records were initially loaded in August 1990 from the national Disqualification Reporting Information Processing System (DRIPS). These records may have blank fields because the data was not collected for DRIPS. The Welfare Investigation Unit, the Administrative Hearings Unit and DFS caseworkers began adding records September 17, 1990. To Access FDTI: 1. Type FDTI, space and the disqualified individual's Social Security Number (SSN). 2. ENTER. 3. System searches for the SSN on the Disqualification Data Base. 4. If the SSN is not found, the system returns Message: "No Disqualification for Client." Check the SSN to see if it was typed correctly. If the SSN is correct, there are no disqualification records on the Disqualification Data Base for this individual. 5. If the SSN is found, the system returns the FDTI screen. The first six fields give general information associated with the SSN entered. If the individual ever received assistance in Missouri, the data comes from the Department of Social Services' Common Area and the Food Stamp Data Base. If the individual has not received assistance in Missouri, the data comes from the Disqualification Tracking System Data Base. The remainder of the screen contains the disqualification records. Up to three records can be shown on the screen. The records are in descending Disqualification (DQ) Number order. General Information: DCN: Disqualified individual's DCN (may be blank if DCN has yet to be assigned) NAME: Disqualified individual's name October 1998
FDTI Instructions,
Page 2
CASE DCN: The DCN of the Head of Household of the Missouri case in which the disqualified individual was last active. If never a Missouri participant, field is blank. CASE NAME: The Name of the Head of Household of the Missouri case in which the disqualified individual was last active. If never a Missouri participant, field is blank.
NAME: Disqualified individual's name at the time of the disqualification. 0 = First offense was prior to June 1, 1983DQ Action Type: The code indicates on what administrative action the disqualification is based or the reason for the disqualification. The codes are: L = Record is from the national Disqualification Reporting IPV Occurred: The first month, day and year, the intentional program violation occurred. If the DQ Action Type is "L", this field may be blank. October 1998
FDTI Instructions, Page 3
DQ Start: The month and year the disqualification is imposed. The system calculates the date using the Hearing/Court Dec date. The start date is the month following the month of the Hearing/Court Dec date.
Length of DQ: The length of the disqualification: The system calculates the length for DQ Action Types C, H and X using the DQ Number and the Hearing/Court Decision date unless the length is court set. Staff enters the length of disqualification for DQ Action Types J, P and T. The length is based on policy. (NOTE: Records with DQ Action Type "L", may have odd lengths). Court Set: Code indicates if the length of disqualification is court set or if the disqualified individual's length of disqualification is based on policy. Codes are: FDTI may also be accessed from FDTU by using PF5.N = No, not court setSCND/VERIF: The code indicates whether secondary verification is needed from another state and if needed, whether it has been obtained. October 1998
FDTU Instructions, Page 1
FDTU - FOOD STAMP DISQUALIFICATION TRACKING
UPDATE SCREEN
Purpose: Used to enter Food Stamp Intentional Program Violations into the Disqualification Tracking System. Manual Reference: Food Stamp Manual, Section 1145.000.00. Distribution: FDTU transactions are entered by Welfare Investigation Unit staff, Administrative Hearings Unit staff and DFS staff. Instructions: Actions that can be done on FDTU are: add a disqualification record, change a disqualification record, or delete a disqualification record. Each disqualification is a record. Records are tied to the disqualified person by the social security number. To access FDTU: 1. Type FDTU, space, and the disqualified person's social security number (SSN). 2. ENTER. 3. System searches for SSN on Department of Social Services Common Area Data Base. 4. If the SSN is not found, system returns the FDTU screen with blank fields. The message: "Not on Common Area" appears at the bottom of the screen. Check the SSN to see if it was typed correctly. 5. If the SSN is found, system returns FDTU screen with information from Common Area and/or Disqualification Tracking System Data Base. The screen has three parts: general information; the last two disqualification records; and the update fields. The cursor will be positioned under the first update field. SEE FDTI for an explanation of the General Information and the Disqualification Record fields. UPDATE FIELDS: October 1998 FDTU Instructions,
Page 2
DQ Action Type: Type the code for the administrative action on which the disqualification is based or the reason for the disqualification. The codes are: C = Criminal or Civil Court CO: Type the county number where the disqualified person was residing at the time of the intentional program violation. A length of "99" means the individual is permanently disqualified. No additional disqualification can be entered for an individual if s/he has a disqualification record with a length of 99.DQ Number 0 must = 3 months October 1998
FDTU Instructions, Page 3
DQ Action Types J, P and T require entry of the number of months. Enter the appropriate number of months:If the DQ Action Type is J: Court Set: Type "Y" if the length of disqualification is court set. If "Y" is entered, you must enter the Length of DQ.
ADD a disqualification record when it is determined that a household member committed an intentional program violation. A determination is made by a civil or criminal court decision, administrative hearing decision, or the signing of a waiver/consent agreement. Another reason for using ADD is finding a disqualification that was never reported to State Office. To ADD a disqualification record:
Reasons To CHANGE a disqualification record include:
October 1998 FDTU Instructions,
Page 4
Example: A person has disqualification number 1 and 2. The 1st disqualification is reversed because of a circuit court decision. Change disqualification number 2 to number 1 by deleting number 2 and changing the data in number 1's record to data from number 2.To CHANGE a disqualification record:
Reasons to DELETE a disqualification record include:
All edits are on-line. All errors must be corrected before your transaction is accepted. Messages appear at the bottom of the screen. ACTION MUST BE A, C, OR D - You did not enter an action code or entered something other than A, C, or D. October 1998
FDTU Instructions, Page 5
DELETE INVALID, NOT LAST RECORD - Only the last disqualification record can be deleted. October 1998
FDTU Instructions, Page 6
NOT ON COMMON AREA - Social Security number was not found on the Common Area or in the Disqualification Tracking System.When there are no errors, you will receive the message "TRANSACTION COMPLETED". FDTU may also be accessed from FDTI by
using PF5.
October 1998
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