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Page | 299 2. Advise remaining household members, of the amount they will receive during disqualification period or that they must reapply because the certification period has expired; and 3. Include the date the disqualification becomes effective.

18309 BASIS FOR IPV DISQUALIFICATION FROM HEARINGS

Administrative disqualifications for intentional program violation are based on the following:

1. Determinations of hearing officials arrived at through administrative disqualification hearings; 2. Determinations reached by courts of appropriate jurisdiction; 3. Determination that an accused individual has waived his/her rights to an administrative disqualification hearing. 4. Determination that an accused individual has signed a disqualification consent agreement for a case of deferred adjudication.

18310 IPV DISQUALIFICATION PENALTIES

IPV disqualification time frames are based on the date the IPV infraction occurred. The infraction date is defined as the first month in which the incorrect or unreported information affected the household’s eligibility or benefit amount, also known as the first month of overpayment.

Individuals who intentionally caused one or more infractions after September 22, 1996, and were found to have committed an intentional program violation, are ineligible to participate for:  12 months if this is their first violation  24 months for the second violation  Permanently for the third violation.

If the infraction occurred prior to September 23, 1996, the individual is ineligible to participate for:  6 months for the first violation  12 months for the second violation  Permanently for the third violation.

Example 1: John didn’t report Jane was employed during the September 15 application interview, and he was certified for benefits September through August. On December 5, an IEVS hit alerted the Specialist about Jane’s employment and verification of her income made the household ineligible back to September (application month). The IPV infraction date, September (e.g. 09-01-15), is the date entered on MEMS. Example: John was found guilty of an IPV for over issued benefits for 01/96 - 03/96. The disqualification period is 6 months. He was subsequently found guilty of IPV for over issued benefits 10/97 - 12/97. The disqualification is 24 months for this violation. Example 2: John and Jane had an on-going monthly reporting SNAP case with their most recent certification period being January through December. John started receiving VA benefits in June but did not report the information until their renewal interview in December. The VA income did not cause prospective ineligibility for July benefits; therefore, John and Jane did not have an overpayment until benefit month August. The month entered for the IPV infraction date on the MEMS panel should be August (e.g. 08-01-15).