1853 Disqualification Penalties | FPRU
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Department of Human Services |
Index: |
POL 1853 |
Revised: |
01/27/2023 |
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Next Review: |
01/26/2025 |
Policy
Supplemental Nutrition Assistance Program (SNAP)
Disqualification from participation in the Supplemental Nutrition Assistance Program, commonly known as SNAP, occurs when a recipient admits guilt or is found guilty of a SNAP intentional program violation (IPV). Pursuant to U.S. Code, Title 7, Section 2015(b) (1), Agriculture, Supplemental Nutrition Assistance Program, the disqualification penalties are as follows:
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First-time offenders are disqualified for 12 months.
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Second-time offenders are disqualified for 24 months.
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Third-time offenders are disqualified permanently.
A recipient shall be ineligible to participate in SNAP for 10 years if the recipient has made a fraudulent statement or representation of identity or residence to receive multiple benefits simultaneously.
SNAP disqualification penalties have been increased for recipients found guilty in a federal, state, or local court of trading or receiving SNAP benefits for firearms, ammunition, explosives, or controlled substances. The penalties are as follows:
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In cases where benefits are traded for controlled substances, a 24-month disqualification will be imposed for a first violation and permanent disqualification for a second violation.
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A permanent disqualification will be imposed for a first violation where benefits were traded for guns, ammunition, or explosives.
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Recipients convicted of selling $500 or more of SNAP benefits will be permanently disqualified.
Temporary Assistance to Needy Families (TANF)
Disqualification from participation in the TANF Program occurs when a recipient admits guilt or is found guilty of TANF IPV. The recipient is disqualified from participation in the TANF Program for a prescribed period. Pursuant to U.S. Code, Title 42, Section 616 (b) Public Health and Welfare, Social Security Act, effective 05/1992 in Georgia, the disqualification penalties are as follows:
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First-time offenders are disqualified for 6 months.
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Second-time offenders are disqualified for 12 months.
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Third-time offenders are disqualified permanently.
A recipient shall be ineligible to participate in the TANF Program for 10 years if the recipient has made a fraudulent statement or representation of residence to receive multiple benefits in two or more states simultaneously.
References
Benefit Recovery Manual 3450 Volume IV
Food Stamp Program Manual 3420 Volume III
TANF Program Manual 3390 Volume 1
U.S. Code 7 U.S.C § 2015 (b)
Code of Federal Regulations 7 C.F.R § 273.16
Applicability
The disqualification period will be imposed against an individual who admits guilt or is found guilty of an IPV in the SNAP and TANF programs.
Definitions
Persons found guilty of intentional program violations through an administrative disqualification hearing, by a court, or who signed a waiver of the right to an administrative disqualification hearing are ineligible to participate in SNAP and TANF.