Other Disqualifications 430-05-75-25

(Revised 03/01/06 ML3017)

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Sale of a Controlled Substance Involving Food Stamp Benefits

An individual found by a federal, state, or local court to have used or received food stamp benefits, in a transaction involving the sale of a controlled substance is ineligible to participate in the program and the appropriate TECS code on SSDO is DF:

1. For a period of 24 months for the first violation.
2. Permanently upon the second violation.

These penalties also apply in cases of deferred adjudication by the court.

 

Sale of Firearms, Ammunition, or Explosives Involving Food Stamp Benefits

An individual found by a federal, state, or local court to have used or received food stamp benefits, in a transaction involving the sale of firearms, ammunition, or explosives is permanently ineligible to participate in the Program and the appropriate TECS code on SSDO is DF.

 

This penalty also applies in cases of deferred adjudication by the court.

 

Fraudulent Statements Regarding Identity or Place of Residence

 

An individual found to have made a fraudulent statement or representation with respect to identity or place of residence in order to receive duplicate benefits (both in state and out-of-state) is disqualified for 10 years and the appropriate TECS code on SSDO is DF.

 

The guilty decision must have occurred on September 20, 1996, or after and the 10-year time frame starts the month following the month the individual was found guilty in a state or federal court anywhere in the nation.

 

If the guilty decision was issued from the Administrative Hearing Office, the 10-year time frame starts the month following the month of receipt of the signed Findings and Order.

 

Continuing to receive benefits in one state after moving to another constitutes making a fraudulent statement or representation with respect to identity or place of residence in order to receive duplicate benefits.  When this occurs, a claim must be established and IPV pursued by the state the individual is currently residing in.  

 

Fleeing Felons, Parole or Probation Violators

An individual that is a fleeing felon, parole or probation violator is ineligible to participate in the program and the appropriate TECS code on SSDO is DF.  

 

If an individual indicates on the application, recertification or reports that they are a fleeing felon, parole or probation violator, the worker must obtain information to substantiate the report.  Any information received must be forwarded to the State Food Stamp Office.  The State Food Stamp Office will review the information to determine if the violation disqualifies the individual from the Food Stamp Program and notify the worker.  If appropriate, the State Food Stamp Office will enter the disqualification on the sanction screen in TECS, change the individual's participation code to DF and enter the individual into the DRS system.  

 

Drug Related Felony

An individual convicted of a felony for possession, use, or distribution of illegal drugs is permanently ineligible to participate in the Food Stamp Program when the act occurred after August 22, 1996.

 

If an individual is convicted of a drug related felony, the following information must be sent to the State Food Stamp Office for review:

• Eligibility Worker Full Name and County

• Individual's Social Security Number

• Individual's Date of Birth

• Individual's Full Name and Middle Initial

• Case Number Individual is Participating In

• Individual's Client ID Number

• Sex of Individual

• Copies of the Criminal Complaint and Judgment or Order which substantiates the individual's drug-related felony

In order to determine whether an individual’s conviction is disqualifying, the court documents that you send to the State Office must include the date of the offense(s), the sentence or judgment of the court and the nature of the offenses.  This information is usually contained in the Criminal Complaint and Judgment document.  However, the offense date is not always listed on the Criminal Complaint and Judgment.  

 

If the Criminal Complaint and Judgment document does not contain the offense date(s) please request a copy of the “Information” or “Criminal Information” document and forward it to the State Office.  The “Information” or “Criminal Information” document will include the offense date(s).

 

If an individual is convicted in a federal court, the court documents may not indicate whether an offense was a misdemeanor or a felony.  In that case, the court documents should be forwarded to the State Office even without that information being provided.

 

The State Food Stamp Office will review the information to determine if the conviction disqualified the individual from the Food Stamp Program and notify the worker. If appropriate, the State Food Stamp Office will enter the disqualification on the sanction screen in TECS, change the individual’s participation code to DD and enter the individual into the DRS system.

 

Trafficking Benefits

Individuals convicted by a Federal, State, or local court of trafficking benefits for an aggregate amount of $500 or more are permanently ineligible and the appropriate TECS code on SSDO is DF.  Aggregating involves the accumulation of separate dollar amounts for separate but related trafficking offenses leading up to a conviction.