WAG 23-06-02

There are no more administrative appeals when a disqualification is imposed by either:

  • waiving the right to a hearing, or
  • a hearing.

The client does have the right to appeal to a court of law. When a court reverses a disqualification, the client must be added to the SNAP unit if it is getting SNAP. The client may be entitled to retroactive benefits (see PM 23-01-04).

When the hearing decision is that there was not an IPV, the central office takes collection action by following regular inadvertent household error (IHE) procedures (see PM 23-02-02-c).

Active Clients

For a client getting SNAP, the disqualification starts no later than the 2nd fiscal month after the calendar month of the IPV decision.

Example: Ms. M admitted that she committed an IPV and signed a waiver on 03/20. The IPV disqualification period starts no later than the May fiscal month.

There is an overpayment if the disqualification does not start by the 2nd fiscal month after the calendar month the IPV decision is made. Refer the overpayment as an agency error beginning with the 2nd fiscal month.

Example: Ms. A was convicted of committing an IPV. The ADH decision date was 03/31. Form 552 could not be processed to disqualify Ms. A until the June fiscal month. There is an agency error overpayment for May.

Inactive Clients

For a client no longer getting SNAP, the disqualification starts the month after the month of the IPV decision.

Example: Mr. Z was convicted of an IPV by an ADH decision on 03/05. Mr. Z's SNAP case was no longer active. The disqualification starts in April.

Send the Notice of Disqualification for Intentional Program Violation to the client when the client has been disqualified from being in the SNAP unit. Immediately remove the client from the case. Also decide if any other members of the SNAP unit are still eligible for SNAP.