Disqualification 

7 CFR § 273.16(b)(11) and (13) and (e)(8)(i) and (iii) and (9)(ii) and (f)(1)(i) and (2) and (g)(2)(i)-(ii)


Disqualification applies only to the responsible individual, not the entire EDG.  Remove the disqualified individual from the case.   


The disqualified individual’s non-excluded income and assets remain part of the eligibility benefit calculation for the rest of the EDG members during the penalty period.  See Special Situations, Disqualified Members.


The disqualification penalty, once imposed continues uninterrupted until completed, regardless of the EDG’s eligibility.  

Disqualification Starting Dates

7 CFR § 273.16(b)(13) and (e)(8)(i) and (f)(2) and (g)(2)


Start the disqualification as follows:

  • ADH decision – No later than the 2nd month following the date the individual receives the disqualification notice.
  • Waiver agreement – No sooner than 10 days after the individual signs the waiver agreement, but no later than the first month following the date the individual receives written notice of the disqualification.
  • Court decision - 
    • No later than the 2nd month following the date the individual receives the disqualification notice, or
    • Within 45 days of the date the disqualification is ordered, or the date the individual is found guilty, if the court doesn’t set a start date.
  • Deferred Adjudication - Within 45 days of the date the individual signed the DCA, unless the court sets a different starting date.

Case Ineligibility

7 CFR § 273.1(b)(7)(v) & 7 CFR § 273.9(b)(2)(ii) and (3) & 7 CFR § 273.11(c)(4)(i)


Close the case when: 

  • the disqualified individual is the only EDG member, or 
  • the remaining EDG members are ineligible after the disqualification.  

Disqualified Individual Moves to Another EDG

7 CFR § 273.2(f)(11)(i)(B)(1) & 7 CFR § 273.9(b)(2)(ii) and (3) & 7 CFR § 273.11(c)(1)(i)-(ii)(A)-(D) & 7 CFR § 273.16(i)(2)(ii) and (4)(i)


The disqualification continues uninterrupted and follows the disqualified individual.  Issue a NOA for adverse action when adding a disqualified member with income decreases the new EDG’s benefits.

Remaining Members Eligible 

7 CFR § 273.2(n)(4)(i)(B) & 7 CFR § 273.11(c)(4)(i)


Set another adult EDG member as the A-Rep or authorized shopper when individual is disqualified for IPV.  

Exception:  The individual can act as the A-Rep or authorized shopper only if there is no other adult EDG member or another adult available.

Electronic Disqualified Recipient System (eDRS)

7 CFR § 273.2(f)(11) & 7 CFR § 273.16(i)(2)(ii) and (4)(i)


The Office of Quality Assurance Client Fraud Investigations Division enters the individual into the eDRS.  Provide the following information:

  • Effective date of the disqualification.
  • Length of the disqualification.


Note:  IPV disqualifications imposed in a State continue uninterrupted if the individual moves to another State. The eDRS match identifies the out-of-state disqualification, and should be done at application and renewal.

Penalty Time Periods

7 CFR § 273.16(b)(1)-(9) and (e)(8) and (f)(2)(i) and (g)(2)(i)


The disqualification penalty time periods for intentional program violations (other than the specific IPV actions described in the 2nd table below) are:


Note:  One or more IPV violations that occurred before 4/1/1983 are counted as one previous disqualification when determining the above penalties.



Note:  A court may order a different penalty time period or order that no disqualification be applied. If the court fails to impose a disqualification or disqualification period, apply the appropriate penalty.


A new penalty time period (2nd or 3rd IPV) cannot be established for any event occurring: 

  • prior to the time period of a previous IPV; 
  • during the time period a prior IPV is pending; or
  • prior to the accused individual receiving written notification of a prior disqualification period. 


The same IPV repeated over a period of time cannot be separated into separate penalties.  

Example: In August it was discovered an EDG member worked March – May, and then started a new job in June.  None of the employment was reported. One IPV will be established for the different jobs and times.

Notices

IPV Not Found

7 CFR § 273.16(e)(9)(i)


Send the EDG a written notice when the ADH decision finds the individual did not commit an IPV.

IPV Found

7 CFR § 273.16(b)(13) and 7 CFR § 273.16(e)(9)(ii) and (f)(3) and (g)(3) and (h)(3)


Before imposing the disqualification, an L-207, SNAP Notice of Disqualification, is sent to the individual, with the following information:

  • The hearing decision and reason (if a hearing was held).
  • The court decision and reason.
  • The disqualification. 
  • The disqualification only applies to the individual, not the other EDG members.
  • The start date of the disqualification. 
  • The other EDG members’ benefit amount during the disqualification period, or 
  • The other EDG members’ must reapply for SNAP because their benefit period ended, or they are no longer eligible. 
  • The disqualification continues uninterrupted until the penalty time period expires. 
  • The repayment amount.
  • The investigator’s name, address, and contact information.
  • DSS receives, processes, and monitors repayment agreements and payments for active cases.
    • Send payments received for active cases, or DSS processed repayment agreements to:

       Department of Social Services

       Financial Management,

       Central Office, 12 FL,

       55 Farmington Avenue

       Hartford, CT  06103

  • Send payments for closed cases previously referred to DAS with delinquent claims to:

DAS

Collection Services

450 Columbus Boulevard, Suite 1001

Hartford, CT  06103, and

  • The investigator’s name, address, and contact information.