3315 Intentional Program Violations

Georgia State Seal

Georgia Division of Family and Children Services
SNAP Policy Manual

Policy Title:

Intentional Program Violations

Effective Date:

September 2020

Chapter:

3300

Policy Number:

3315

Previous Policy Number(s):

MT-57

Updated or Reviewed in MT:

MT-61

Requirements

Individuals who have committed an intentional program violation (IPV) are disqualified from the Supplemental Nutrition Assistance Program (SNAP) - formerly Food Stamp (FS) Program - and are ineligible for FS benefits.

Basic Considerations

An IPV is an intentional action by an individual to establish or maintain an AU’s eligibility or to increase or prevent a decrease in the AU’s benefits, by providing false or misleading information or by withholding information.

An IPV also includes:

  • Trading, selling, or intending to sell FS benefits;

  • Improperly using, possessing, or obtaining FS EBT cards/FS benefits;

  • Using FS benefits to buy ineligible items such as, but not limited to, alcohol or cigarettes;

  • Committing any acts that constitute a violation of the Food and Nutrition Act of 2008 – Supplemental Nutrition Assistance Program (SNAP), formerly Food Stamp Program (FSP) federal regulations.

This list is not all inclusive.

The Department of Human Services (DHS) Office of Inspector General (OIG) is the state agency responsible for establishing the existence of an IPV.

An IPV is established by one of the following methods:

  • conviction by the courts

  • administrative finding

An administrative finding includes the following:

  • signing of a Prosecuting Attorney’s Consent (PAC) Agreement;

  • an Administrative Disqualification Hearing (ADH);

  • a Waiver of Hearing and Disqualification Consent (WDH) Agreement.

Food Stamp (SNAP) Disqualification Periods

The appropriate disqualification period is determined by the OIG agent who adjudicated the claim(s) based on the following criteria:

  • the date the IPV was committed;

  • the method by which the IPV was established; and

  • the number of IPVs committed by the individual.

The length of the FS disqualification periods is based on the Chart 3315.1, Food Stamp (SNAP) Program Penalties for IPV.

FS IPVs committed in other states are considered when determining if the current IPV is the first or a subsequent violation.

Disqualification periods imposed in another state are continued when the individual who committed an IPV applies for and/or is approved for FS benefits in Georgia.

The Disqualified Recipient System (DRS) icon in Gateway provides the necessary information to determine the length of the disqualification. All IPV disqualifications must be entered into the Electronic Disqualified Recipient System (eDRS). Refer to Volume IV, Benefit Recovery.

Adequate notice must be provided to the AU prior to imposing the FS disqualification. Timely notice is not required.

Effective Month of the Disqualification

The FS IPV disqualification is imposed based on the following criteria:

  • within 45 days of the date of the court order, or

  • within 45 days of the date the PAC agreement is signed, or

  • the first month following the month the AU receives written notification of the ADH from the Administrative Law Judge, or

  • the first month following the month the disqualified individual signs the WDH.

The FS disqualification is imposed based on the above criteria regardless of whether the individual is receiving FS benefits for the month.

Once a disqualification period is imposed, it remains in effect until the end of the disqualification period, regardless of the FS eligibility of the disqualified individual.

If the disqualification is not imposed for the appropriate month, an overpayment exists.

Disaster Supplemental Nutrition Assistance Program (DSNAP)

A disqualified individual may receive food stamps in the Disaster Supplemental Nutrition Assistance Program (DSNAP) Program if otherwise eligible. Disqualifications that are imposed because of fraud in the DSNAP program are a part of the total disqualification record. These disqualifications are added to the Electronic Disqualified Recipient System (eDRS).

Food Stamp (SNAP) Disqualification Periods

The following chart provides the Food Stamp (SNAP) disqualification periods applied to individuals who have committed an IPV.

Chart 3315.1 - Food Stamp (SNAP) Program Penalties for IPV
If the head of household (HOH) or any household member: Then that household member will be INELIGIBLE for FS:

  • hides information or does not tell the truth

  • uses EBT cards that belong to someone else

  • uses FS benefits to buy alcohol or tobacco trades or sells FS benefits or EBT cards

  • for 12 months for the first offense

  • 24 months for the second offense

  • and permanently for the third offense

  • has used or received FS benefits in a transaction involving the sale of a controlled substance (drugs)

  • for 24 months for the first offense and

  • permanently for the second offense

  • has used or received FS benefits in a transaction involving the sale of firearms, ammunition or explosives after 8/22/96

  • permanently for the first offense

  • has been convicted for trafficking benefits for an amount of $500 or more after 8/22/96

  • permanently for the first offense

  • has given false information about where they live or about identity (who they are) to get multiple FS benefits in more than one area after 8/22/96

  • for 10 years
If a court order imposes a disqualification period that is different from the periods indicated above, apply the court ordered disqualification period.

Procedures

Follow the steps below when notification is received from OIG that an IPV has been established:

Step 1

Determine the IPV category.
Step 2

Disqualify the individual who committed the IPV by coding his/her status in Gateway.
Step 3

Determine eligibility for the remaining AU members, counting the income and resources of the disqualified AU member. DO NOT include the disqualified member in the AU. Refer to 3625 Budget for an AU with IPV Disqualified or Work Sanctioned Individuals or Lawbreakers.
Step 4

Provide adequate notice to the AU prior to imposing the disqualification. Timely notice is not required.

Include in the notice, the new benefit amount, and the period of the disqualification.
Step 5

Impose the FS (SNAP) IPV disqualification effective the appropriate month based on the disposition package received from OIG and the method by which the IPV was determined. Refer to Basic Considerations in this section.

Consider any OP created when the disqualification is not imposed timely.
Step 6

Comply with the court order if it specifies the date for imposing the disqualification.

Gateway will set up a task for the end of the disqualification periods.
Step 7

File the disqualification notices received from OIG or the Office of State Administrative Hearing (OSAH) on top of all other claims information in the case record.
Step 8

Once imposed, the period of disqualification continues and is uninterrupted regardless of the eligibility of the disqualified individual.
Step 9

Enter information about the IPV into the DRS system. Refer to Volume IV, Benefit Recovery.
Step 10

Establish a claims record, if appropriate. Refer to Volume IV, Benefit Recovery.