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COMBINED MANUAL

ISSUE DATE 02/2015

DISQUALIFICATION FOR FRAUD

0025.24.06

Disqualify people who have fraudulently obtained assistance or committed an Intentional Program Violation (IPV). A disqualification for fraud or an IPV disqualification can be established by any of the following:

● Court conviction of Wrongfully Obtaining Assistance or theft.

● Disqualification consent agreement.

● Pre-trial diversion.

● Administrative Disqualification Hearing (ADH).

● Waiver of an ADH.

● Any court-ordered stay which carries with it any probationary or other conditions.

Disqualify people determined to have fraudulently obtained assistance or committed an IPV for the following lengths of time:

● 12 months for the 1st offense.

● 24 months for the 2nd offense.

● Permanently for the 3rd offense.

Disqualify people who have been convicted in state or federal court of making a fraudulent statement regarding residence in order to receive duplicate assistance from 2 or more states, even if they are otherwise eligible. The period of disqualification is 10 years from the date of conviction.

Disqualify only the person convicted of fraud. Other unit members remain eligible.

Send the client the Notice of Program Disqualification (DHS-3134) (PDF) to disqualify the client and/or reduce or end assistance. See 0026.12.09 (Adequate Notice), 0026.12.18 (Cash Cut-Off Notice). This disqualification is not appealable through an administrative hearing. The only method of appeal of this disqualification is through court action.

Confessions of judgment are not fraud convictions, and disqualification penalties do not apply.

Record conviction and disqualification information and copies of supporting documents (including conviction information) in the case file. If a disqualified person moves from 1 county to another, include disqualification information in the case referral. See 0008.06.21 (Change in County of Residence).

MFIP: People disqualified from SNAP due to fraud or an IPV are barred from receiving MFIP (cash and food) until that disqualification ends.

A current DWP period of disqualification carries over to MFIP.

A current WB period of disqualification carries over to MFIP.

The disqualification period begins the 1st day of the month following the month in which the fraud or IPV is determined.

People disqualified for fraud in another state remain disqualified in Minnesota.

A prior SNAP disqualification is treated as if it were an MFIP disqualification in determining the sequence of the offense (1st, 2nd, or 3rd) for MFIP.