713.03 Disqualification Periods SR 16-15 Dated 06/15

When an individual is guilty of an intentional program violation (IPV), or of buying or selling Food Stamp benefits, the individual is disqualified from the Food Stamp program according to the criteria below, unless the court orders a different disqualification:

•     First violation: 12 months of ineligibility.

•     Second violation: 24 months of ineligibility.

•     Third violation: permanent ineligibility.

Exceptions:

An individual who is found guilty by a court of appropriate jurisdiction of trading of a controlled substance in exchange for Food Stamp benefits is disqualified from receiving Food Stamp benefits for:

• 24 months for the first violation; and

• Permanently for the second violation.

An individual is disqualified permanently if found guilty by a court of appropriate jurisdiction of:

• Trafficking in Food Stamp benefits of $500 or more; or

• The trading of ammunition, firearms, or explosives in exchange for Food Stamp benefits.

The disqualification period begins the first month which follows the date the individual received written notification of the conviction.

See also PART 319, Fugitive Felons and Violators of Probation or Parole, PART 321, Ineligibility for Fraudulent Receipt of Multiple Benefits, and Section 711.03, Definition of Trafficking Food Stamp Benefits.

Exceptions:

The individual is receiving Food Stamps and is found guilty of intentional program violation (IPV) by a court of appropriate jurisdiction. The Special Investigations Unit (SIU) must begin disqualification within 45 days of the date the individual was notified of the court decision.

The disqualification period continues uninterrupted regardless of any changes in the household’s eligibility.

Not all household members will be disqualified—only the individual who committed the IPV. The remaining household members must repay the overissuance or their monthly allotment will be reduced.

IPV Fines and Penalties: An individual officially established as having committed an IPV may be fined up to $250,000, imprisoned up to 20 years, or both, and:

•     if the IPV involves a value of $100 or more but less than $5,000, be fined up to $10,000, imprisoned up to 5 years, or both;

•     if the IPV involves a value of less than $100, be fined up to $1,000, imprisoned up to 1 year, or both ; and

•     may also be barred from receiving Food Stamps for another 18 months, in addition to any other penalties received.

References: He-W PART 708 – PART 709; 7 CFR 271.5(b); 7 CFR 273.16; 7 CFR 273.18; 7 USC 2015(b)(1)-(2) and (c); Section 15(b)(1)-(2) and 15(c) of the Food and Nutrition Act of 2008