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DISQUALIFICATION FOR FRAUD

ISSUE DATE: 02/2015

Disqualify people who have fraudulently obtained assistance or committed an Intentional Program Violation (IPV). A disqualification for fraud or an IPV disqualification can be established by any of the following:

Court conviction of Wrongfully Obtaining Assistance or theft.

Disqualification consent agreement.

Pre-trial diversion.

Administrative Disqualification Hearing (ADH).

Waiver of an ADH.

Any court-ordered stay which carries with it any probationary or other conditions.



Disqualify people determined to have fraudulently obtained assistance or committed an IPV for the following lengths of time:

12 months for the 1st offense.

24 months for the 2nd offense.

Permanently for the 3rd offense.


Disqualify people who have been convicted in state or federal court of making a fraudulent statement regarding residence in order to receive duplicate assistance from 2 or more states, even if they are otherwise eligible. The period of disqualification is 10 years from the date of conviction.

Disqualify only the person convicted of fraud. Other unit members remain eligible.

Send the client the Notice of Program Disqualification (DHS-3134) (PDF) to disqualify the client and/or reduce or end assistance. See 0026.12.09 (Adequate Notice), 0026.12.18 (Cash Cut-Off Notice). This disqualification is not appealable through an administrative hearing. The only method of appeal of this disqualification is through court action.

Confessions of judgment are not fraud convictions, and disqualification penalties do not apply.

Record conviction and disqualification information and copies of supporting documents (including conviction information) in the case file. If a disqualified person moves from 1 county to another, include disqualification information in the case referral. See 0008.06.21 (Change in County of Residence).


MFIP:

People disqualified from SNAP due to fraud or an IPV are barred from receiving MFIP (cash and food) until that disqualification ends.

A current DWP period of disqualification carries over to MFIP.

A current WB period of disqualification carries over to MFIP.

The disqualification period begins the 1st day of the month following the month in which the fraud or IPV is determined.

People disqualified for fraud in another state remain disqualified in Minnesota.

A prior SNAP disqualification is treated as if it were an MFIP disqualification in determining the sequence of the offense (1st, 2nd, or 3rd) for MFIP.


WB:

WB was suspended 12/01/2014. Any fraud disqualifications prior to 12/01/2014, based on this program, will remain in effect.


DWP:

Follow general provisions. Also:

A caregiver who has been disqualified for fraud under MFIP, WB or DWP is not eligible for DWP when the caregiver is currently in a disqualification period for MFIP, WB or DWP.

A SNAP disqualification does NOT carry over to DWP and a DWP disqualification does not carry over to the SNAP program.



SNAP:

People disqualified from MFIP due to fraud or an IPV are barred from receiving SNAP until that disqualification ends. If the IPV disqualification is due to misuse of an EBT card and it occurred while receiving MFIP, the person is NOT disqualified from receiving SNAP.

Disqualifications must be initiated on the system within 45 days of the date the disqualification is ordered. Also see TEMP Manual TE02.08.129 (Entering SNAP Disqualifications).

The disqualification period begins the 1st day of the month following the month in which the fraud or IPV is determined.

A prior MFIP disqualification is treated as if it were a SNAP disqualification in determining the sequence of the offense (1st, 2nd, or 3rd) for SNAP.

A person who makes a fraudulent statement regarding identity or residence in order to receive duplicate assistance from 2 or more states simultaneously is disqualified for 10 years from the date of establishing the IPV by a disqualification consent agreement, pre-trial diversion plan, or through the ADH process. Statements about residence include statements regarding where a person currently lives and whether a person receives SNAP benefits from another state. See 0011.06 (State Residence).

For information on entering a SNAP fraud disqualification on MAXIS, see TEMP Manual TE02.08.129 (Entering SNAP Disqualifications).

People disqualified for fraud in another state remain disqualified in Minnesota.


MSA, GA:

The disqualification period begins the 1st day of the month following the month in which the fraud conviction or IPV is determined.


GRH:

No provisions.

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