713.03 Disqualification Periods (FSM) |
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When an individual is guilty of an intentional program violation (IPV), including buying or selling SNAP benefits (trafficking), the individual is disqualified from SNAP according to the criteria below, unless the court orders a different disqualification:
• First violation: 12 months of ineligibility;
• Second violation: 24 months of ineligibility; and
• Third violation: permanent ineligibility.
Exception: An individual who is found guilty by a court of appropriate jurisdiction of trading of a controlled substance in exchange for SNAP benefits is disqualified from receiving SNAP benefits for:
• First violation: 24 months; and
• Second violation: permanently.
An individual is disqualified permanently if found guilty by a court of appropriate jurisdiction of:
• Trafficking in SNAP benefits of $500 or more; or
• The trading of ammunition, firearms, or explosives in exchange for SNAP benefits.
The disqualification period begins the first month that follows the date the individual received written notification of the conviction.
Exception: If the individual is receiving SNAP benefits and is found guilty of 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 over issuance or their monthly allotment will be reduced.
IPV Fines and Penalties
The following fines and penalties apply to any individual adjudicated as having committed an IPV as described above:
• For benefits with a value of $5,000 or more, an individual shall be guilty of a felony and fined up to $250,000 or imprisoned for not more than twenty years, or both.
• For benefits with a value of $100 or more, but less than $5,000, an individual shall be guilty of a felony and fined not more than $10,000 or imprisoned for not more than five years, or both for the first conviction. Upon any subsequent conviction, imprisoned for a minimum of six months with a maximum of five years and fined up to $10,000.
• For benefits with a value of less than $100, the individual shall be guilty of a misdemeanor and fined up to $1,000 or imprisoned up to one year or both for the first or any subsequent conviction.
• In addition, any person convicted of a felony or misdemeanor as described above may also be suspended by the court from receiving SNAP for up to 18 months in addition to any other penalties received.
• Except for those who have been permanently disqualified, an individual found to have made a fraudulent statement or representation with respect to the identity or place of residence of the individual in order to received multiple SNAP benefits simultaneously shall be ineligible to received SNAP benefits for a period of 10 years.
See also PART 319, PROBATION OR PAROLE VIOLATORS, FLEEING FELONS, AND CERTAIN CONVICTED FELONS, PART 321, Ineligibility for Fraudulent Receipt of Multiple Benefits, and Section 711.03, Definition of Trafficking SNAP Benefits.
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; He-W 734.02