Other Disqualifications 430-05-77-55

(Revised 10/01/15 ML3457)

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IM 5263

 

Sale of a Controlled Substance Involving SNAP Benefits

 

An individual found by a federal, state, or local court to have used or received SNAP 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 SNAP Benefits

 

An individual found by a federal, state, or local court to have used or received SNAP 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.

 

Fleeing Felons, Parole or Probation Violators

 

An individual who 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, application for review 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 SNAP Office.  The State SNAP Office will review the information to determine if the violation disqualifies the individual from the SNAP and notify the worker.  If appropriate, the State SNAP 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 ineligible to participate in SNAP for seven years from the conviction date of the offence 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 SNAP Office for review on the SFN 376 - Drug Related Felony Review form:

• Eligibility Worker's Full Name and County
• 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 sent 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 SNAP Office will review the information to determine if the conviction disqualified the individual from SNAP and notify the worker. If appropriate, the State SNAP Office will enter the disqualification timeframe on the sanction screen in TECS (IPSA) and change the individual’s participation code to DD.  

If an individual reports their felony has been reduced to a misdemeanor, the eligibility worker will complete the SFN 376 with the required information and resubmit the Criminal Complaint and Judgment documents to the State SNAP Office. If the client regains eligibility, the eligibility worker will receive notification and an end date will be added to the IPSA screen in TECS. Clients will regain eligibility following the month of report or at the next SNAP review.

If an individual is currently disqualified contact the State SNAP office for a review of the criminal complaint and judgment at their next review or new application. If the client regains eligibility, the eligibility worker will receive notification and an end date will be added to the IPSA screen in TECS.

 

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.