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3.14.1 IPV Disqualification

3.14.1.1 Period of Ineligibility

3.14.1.2 IPV Disqualification for Receipt of Multiple FS Benefits

 

7 CFR Code of Federal Regulations 273.16

A person commits an Intentional Program Violation ( IPV Intentional Program Violation ) when s/he intentionally:

  1. makes a false or misleading statement, or misrepresents, conceals or withholds facts; or

  2. commits any act that constitutes a violation of the Food   Stamp Act, the Food Stamp Program Regulations, or any Wisconsin statute for the purpose of using, presenting, transferring, acquiring, receiving, possessing or trafficking of FoodShare benefits or QUEST cards.

 

 An IPV may be determined by the following means:

  1. Federal, state, or local court order,

  2. Administrative Disqualification Hearing (ADH) decision,

  3. Pre-charge or pretrial diversion agreement initiated by a local district attorney and signed by the FoodShare recipient in accordance with federal requirements, or

  4. Waiver of the right to an ADH signed by the FoodShare recipient in accordance with federal requirements.  

 

3.14.1.1 Period of Ineligibility

The following sanction periods are for IPV's committed after 12/01/96.  Anyone determined to have committed an IPV is ineligible for:

  1.  One year for the first intentional program violation.

  2.  Two years for:

    1. the second intentional program violation or,

    1. the first IPV for which an individual is convicted in a federal, state or local court to have used or received benefits in a transaction involving the sale of drugs.

  5. Permanently for:

    1. a third intentional program violation, or,

    2. a first IPV resulting from the conviction of the individual by a federal, state or local court for having used or received benefits in a transaction involving the sale of firearms, ammunition, or explosives, or

    3. a second IPV resulting from a conviction in a federal, state or local court involving trafficking benefits for an aggregate amount of  $500 or more.

 

Only the person determined to have committed an IPV is ineligible. Other members of the FS FoodShare group may continue to be eligible.

 

The individual must be notified in writing once it is determined that s/he is to be disqualified. Begin the disqualification period no later than the second month following the date the individual receives written notice of the disqualification. The disqualification period must continue uninterrupted until completed regardless of the eligibility of the disqualified individual’s household.

 

If a court finds an individual guilty of Intentional Program Violation, the term of the disqualification period and the disqualification begin date must comply with the court order. If the court order does not specify a disqualification period, the disqualification period for the IPV is in accordance with the schedule above. If the court order does not specify the date for the disqualification period to begin, the disqualification period should begin in accordance with the provisions in the paragraph above, but within 45 days of the court decision.

 

For all IPV disqualifications, begin the disqualification period in the first possible payment month regardless of whether the person becomes a non-participant or remains in the FS group. Do not pend the disqualification period until the disqualified individual reapplies.

 

If a non-participating person with an IPV disqualification does reapply for FS, apply any remaining periods of ineligibility. If the ineligibility period has expired when the person reapplies, s/he may be eligible to receive benefits.

 

Example 1: John is notified of his one-year IPV disqualification in January, effective February 1. He doesn't request FS for the first nine months of his period of ineligibility. If John reapplies for FS in November and is determined otherwise eligible, he will still be ineligible for FoodShare benefits for the three remaining months of his disqualification period. If he waits until February to reapply, the disqualification period will have expired and he may be determined eligible for FS.

 

A pending administrative disqualification hearing or prosecution does not affect the person's eligibility. Do not take any adverse action in the matter before the case is resolved. Continue to act on other changes in income and circumstances.

 

Do not impose a disqualification period retroactively on an individual who has committed an IPV, but who had not been disqualified timely. Disqualify a FS group member only to the extent that the disqualification period has not elapsed.

 

Example 2: You determine in December that a person should have been disqualified in June for 1 year. Disqualify the person for the remaining 5 months.

 

3.14.1.2 IPV Disqualification for Receipt of Multiple FS Benefits

A person who makes a fraudulent statement about his or her identity or place of residence in order to receive multiple FS benefits simultaneously shall be ineligible for a period of 10 years.

 

Before imposing the 10 year disqualification period:

  1. A finding of fraud must be made by a state agency, AND

  2. A conviction of fraud must be entered by a state or federal court, AND

  3. The disqualification period must be ordered by a state or federal court.

 

Do not use an administrative disqualification hearing decision, or a Pre-Trial Diversion Agreement as a basis for imposing this penalty. If the IPV determination is not made according to the above conditions, the disqualification period must comply with the terms specified in 3.14.1.1.

 

 

 

 

 

 

 

 

This page last updated in Release Number: 04-04

Release Date: 10/27/04

Effective Date: 10/15/04