800 Disqualification Penalties (A)
11 rulesAll 1 subsections
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Disqualification for Intentional Program Violations (1) Individuals found to have committed a SNAP IPV at an ADH shall be ineligible for SNAP benefits for a period of one year for the first finding, two years for the second finding and permanently for the third finding. (2) Individuals found to have committed a cash program IPV at an ADH, in the absence of a SNAP IPV under (A)(1) above, shall be ineligible for SNAP benefits for the period required under the cash program rules. (B) Disqualification for Receipt of Multiple SNAP Benefits Individuals found by the Department or convicted by a federal, state or local court of having made a fraudulent statement or representation with respect to identity or place of residence to receive multiple benefits simultaneously under SNAP shall be ineligible for SNAP benefits for ten years. (C) Disqualification for Trading SNAP Benefits (1) Individuals found guilty by a federal, state or local court of trading (buying or selling) SNAP benefits for a controlled substance shall be ineligible for SNAP benefits for a period of two years for the first finding, and permanently for the second finding. (2) Individuals found guilty by a federal, state or local court of trading (buying or selling) SNAP benefits for firearms, ammunition or explosives shall be ineligible for SNAP benefits permanently. (3) Individuals found guilty by a federal, state or local court of trading (buying or selling) SNAP benefits having a value of $500 or more shall be ineligible for SNAP benefits permanently. (D) Disqualification of Fleeing Felons Fleeing felon status is verified with the presentation of an outstanding felony arrest warrant by a law enforcement official for any of the the following categories from the National Crime Information Center Uniform Offense Classification Codes: (1) Escape (4901); (2) Flight to Avoid (4902); or (3) Flight-Escape (4999) The presentation of a felony arrest warrant to a State agency by a law enforcement officer establishes that the law enforcement agency is “actively seeking” the individual. Individuals who are fleeing to avoid prosecution, custody or confinement after conviction of a felony under the laws of the place from which the individual is fleeing or is violating a condition of probation or parole shall be ineligible for SNAP benefits. (E) Disqualification for Voluntary Quit For applicant households, when a client subject to the SNAP work requirements at 106 CMR 362.310 is unemployed and has voluntarily quit a job without good cause within the 60 days before application, the entire household is ineligible for SNAP benefits for a period of three months for the first finding, six months for the second finding and twelve months for the third finding. For ongoing households, when a client subject to the SNAP work requirements is unemployed and has voluntarily quit a job without good cause, the individual shall be ineligible for SNAP benefits for a period of three months for the first finding, six months for the second finding and twelve months for the third finding. The entire household shall be ineligible for SNAP benefits for a period of six months if the head of household voluntarily quits a job while participating in the program. Persons who have been disqualified for quitting a job without good cause will carry their sanction with them if they join a new household. (F) With the exception of the Disqualification for Failure to Comply with a Work Requirement, the Department shall disqualify the individual only, not the entire household. Once disqualification begins it shall continue uninterrupted, regardless of current eligibility. Repayment shall also continue regardless of current eligibility. Households cannot be considered categorically eligible if they contain one or more disqualified members in accordance with 106 CMR 365.180. In the case of IPVs, the period of disqualification shall begin with the first possible month following the date written notification of the ADH decision is received by the household. If the individual waives his or her rights to an ADH in accordance with 106 CMR 367.660 or signs a consent agreement with the court, the length of the disqualification period shall be determined by counting each waiver or agreement as one finding that an IPV was committed. In the case of a court conviction, the period of disqualification shall begin with the first possible month after the date of notification to the Department of the court conviction. A household’s benefit level shall not be increased as a result of an IPV disqualification. The length of the disqualification for any IPV claim or court conviction established before the effective date of these regulations shall be treated in accordance with the standards in effect at the time the IPV claim or court conviction was established, unless otherwise stated.
(A) Disqualification for Intentional Program Violations. (1) Individuals found to have committed a SNAP IPV at an ADH shall be ineligible for SNAP benefits for a period of one year for the first finding, two years for the second finding and permanently for the third finding. (2) Individuals found to have committed a cash program IPV at an ADH, in the absence of a SNAP IPV under 106 CMR 367.800(A)(1), shall be ineligible for SNAP benefits for the period required under the cash program rules. (B) Disqualification for Receipt of Multiple SNAP Benefits. Individuals found by the Department or convicted by a federal, state or local court of having made a fraudulent statement or representation with respect to identity or place of residence to receive multiple benefits simultaneously under SNAP shall be ineligible for SNAP benefits for ten years. (C) Disqualification for Trading SNAP Benefits. (1) Individuals found guilty by a federal, state or local court of trading (buying or selling) SNAP benefits for a controlled substance shall be ineligible for SNAP benefits for a period of two years for the first finding, and permanently for the second finding. (2) Individuals found guilty by a federal, state or local court of trading (buying or selling) SNAP benefits for firearms, ammunition or explosives shall be ineligible for SNAP benefits permanently. (3) Individuals found guilty by a federal, state or local court of trading (buying or selling) SNAP benefits having a value of $500 or more shall be ineligible for SNAP benefits permanently. (D) Disqualification of Fleeing Felons. Fleeing felon status is verified with the presentation of an outstanding felony arrest warrant by a law enforcement official for any of the the following categories from the National Crime Information Center Uniform Offense Classification Codes: (1) Escape (4901); (2) Flight to Avoid (4902); or (3) Flight-escape (4999). The presentation of a felony arrest warrant to a State agency by a law enforcement officer establishes that the law enforcement agency is "actively seeking" the individual. Individuals who are fleeing to avoid prosecution, custody or confinement after conviction of a felony under the laws of the place from which the individual is fleeing or is violating a condition of probation or parole shall be ineligible for SNAP benefits. (E) Disqualification for Voluntary Quit. For applicant households, when a client subject to the SNAP work requirements at 106 CMR 362.310: SNAP Employment and Training Program is unemployed and has voluntarily quit a job without good cause within the 60 days before application, the entire household is ineligible for SNAP benefits for a period of three months for the first finding, six months for the second finding and 12 months for the third finding. For ongoing households, when a client subject to the SNAP work requirements is unemployed and has voluntarily quit a job without good cause, the individual shall be ineligible for SNAP benefits for a period of three months for the first finding, six months for the second finding and 12 months for the third finding. The entire household shall be ineligible for SNAP benefits for a period of six months if the head of household voluntarily quits a job while participating in the program. Persons who have been disqualified for quitting a job without good cause will carry their sanction with them if they join a new household. (F) With the exception of the Disqualification for Failure to Comply with a Work Requirement, the Department shall disqualify the individual only, not the entire household. Once disqualification begins it shall continue uninterrupted, regardless of current eligibility. Repayment shall also continue regardless of current eligibility. Households cannot be considered categorically eligible if they contain one or more disqualified members in accordance with 106 CMR 365.180: Categorically Eligible Assistance Units. In the case of IPVs, the period of disqualification shall begin with the first possible month following the date written notification of the ADH decision is received by the household. If the individual waives his or her rights to an ADH in accordance with 106 CMR 367.660 or signs a consent agreement with the court, the length of the disqualification period shall be determined by counting each waiver or agreement as one finding that an IPV was committed. In the case of a court conviction, the period of disqualification shall begin with the first possible month after the date of notification to the Department of the court conviction. A household's benefit level shall not be increased as a result of an IPV disqualification. The length of the disqualification for any IPV claim or court conviction established before December 30, 2016 shall be treated in accordance with the standards in effect at the time the IPV claim or court conviction was established, unless otherwise stated.