713.03 Disqualification Periods SR 14-33, 08/14 (FSM-A)

When an individual is guilty of an intentional program violation, they are 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 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, and PART 321, Ineligibility for Fraudulent Receipt of Multiple Benefits.

Exceptions:

The individual is receiving Food Stamps and is found guilty of intentional program violation by a court of appropriate jurisdiction. OSI 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 intentional program violation. 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 intentional program violation may be fined up to $250,000, imprisoned up to 20 years, or both.

References: He-W PART 708 – PART 709, 7 CFR 273.16, 7 CFR 273.18, Section 115 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), the Food and Nutrition Act of 2008 (FNA), as amended through PL 110-246, Section 6(b)(1) [7 USC 2015]