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For SNAP, the period of disqualification begins the first month following the month that the Agency received the written notice of the hearing decision, waiver, or court consent agreement, regardless of whether the individual is currently receiving SNAP. For individuals being disqualified based on a court decision, the disqualification must begin within 45 days of that decision.
For TANF, the period of disqualification may not be imposed on an individual who is not currently in TANF-eligible status. When there is no current TANF eligibility, the begin and end dates do not display in the eligibility system. The Fraud information is entered, and the dates will not display, nor will the disqualification be in place until the individual reapplies and is found eligible. The system will begin the disqualification at the appropriate time (no later than the first day of the second month which follows the date of notice) if the client is currently eligible for TANF. (f5)
The benefit recovery worker must send the AG a Notice of Disqualification within one working day, regardless of their participation status.
The disqualified individual’s income is budgeted, but the individual’s needs are not. (f6) For more information see Section 3450.45.10.10.
Collection action as an IPV claim is to be implemented the month after the Notice of Disqualification is received by the AG.
If the claim error type of the related claim is CE or PPV, it must be changed to IPV.
SNAP disqualifications must be entered immediately into the state system, which will interface with the national electronic Disqualified Recipients System (eDRS). eDRS is used by all states to share disqualification information for applicants/recipients, and therefore information must be shared as soon as it is known.
A copy of the Notice of Disqualification, the ADH decision, judicial review, waiver of ADH or Disqualification Consent Agreement is required to be present in the electronic case file before a disqualification can be applied. It must also be placed in the fraud tracking system.
If the request for disqualification is denied or the individual is found not guilty in criminal court or through an ADH, change the error type to IHE for SNAP and collection activity will continue based on the IHE/CE category requirements. 4625.15.10 SNAP IPV DISQUALIFICATION PERIODS (S)
The length of disqualification for a SNAP IPV will be determined as follows (f5a): • One year for the first violation; • Two years for the second violation; • Permanently for the third violation;
Unless the following conditions exist: • Two years for a first finding by a court for purchasing a controlled substance with SNAP; • Permanently for the second finding by a court for purchasing a controlled substance with SNAP;