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Subject: SNAP Claims and Issuances
Policy 24.22 Date of Last Review: 11/30/2023 Effective Date: 08/15/2019 Date of Next Review: 11/30/2026 RDA: SW22 Page 6 of 15 i. Once a HH member is disqualified for an IPV, TDHS shall impose allotment reduction as the means of restitution. j. TDHS shall inform the HH in writing of the disqualification penalties for IPV each time it applies for program benefits. 4. Imposition of Disqualification Penalties a. The disqualification penalties outlined in section F.3. above shall apply only to individuals disqualified for acts of IPV which occurred either during a certification period based on an application containing these penalties or after receipt of written notification from TDHS of these penalties. b. If the act of IPV, which led to the disqualification, occurred prior to written notification of these disqualification penalties, the HH member shall be disqualified in accordance with the disqualification periods in effect at the time of the rendering of such determination. However, no disqualification penalty may be imposed which is contrary to court order. c. Appropriate disqualification penalties as outlined in section F.3 above shall be imposed (unless contrary to court order) on HH members in the following instances: i. An ADH official rules that the HH member has committed an IPV. The disqualification period shall begin no later than the second (2nd) month following written notice of the disqualification by the Division of Appeals and Hearings. ii. The HH member suspected of IPV signs HS-3247 Waiver of Administrative Disqualification Hearing, and the signed waiver is received within the timeframe specified by TDHS. The disqualification period shall begin with the first (1st) month following the date the individual receives the written notification from the Division of Appeals and Hearings. iii. A court of appropriate jurisdiction finds the HH member guilty of IPV. In such cases, TDHS shall disqualify the individual for the length of time imposed within forty-five (45) days of the date the disqualification was ordered by the court. If the court fails to impose a disqualification period, TDHS shall impose a disqualification period in accordance with section F.3 above. If the court does not specify a date for initiating the disqualification period, TDHS shall initiate the disqualification period within forty-five (45) days of the court order. iv. The HH member suspected of IPV signs HS-3245 Disqualification Consent Agreement in cases of pre-trial diversion. The period of disqualification shall begin within forty-five (45) days of signing the disqualification consent agreement. v. Once a disqualification penalty has been imposed against an individual, the period of disqualification shall continue uninterrupted until completed regardless of eligibility of the disqualified member's HH. The disqualified member's HH shall continue to be responsible for repayment of the over issuance, which resulted from the disqualified member's IPV, regardless of its eligibility for benefits.