An individual will be disqualified from participating in the Cash Assistance and/or SNAP programs if:
a federal or state court finds that the individual committed fraud in applying for or receiving benefits;
the individual is found through an Administrative Disqualification Hearing (ADH) to have committed an Intentional Program Violation (IPV);
the individual signs a disqualification consent agreement as part of the court’s deferred adjudication process; or
the individual agrees to be disqualified by signing an administrative disqualification-hearing waiver.
Individuals will be disqualified from the Cash Assistance programs:
for six months for the first offense;
for 12 months for the second offense; and
Exception: If on the first or second offense a court finds an individual fraudulently misrepresented residence to obtain GA, TANF, MA, SNAP, or SSI benefits in two or more states, the disqualification is 10 years.
permanently for the third offense.
Individuals will be disqualified from the SNAP program:
for 12 months for the first offense;
for 24 months for the second offense; and
permanently for the third offense.
Exceptions:
A court may specify the length of the disqualification for any offense;
Any individual found by a court to have used SNAP benefits to buy illegal drugs, will be disqualified from the program for 24 months for the first offense and permanently for the second offense;
Any individual found by a court to have used SNAP benefits to buy firearms, ammunition, or explosives will be disqualified from the program permanently for the first offense;
Any individual found by a federal or state court of fraudulently misstating identity or residence to receive multiple SNAP benefits simultaneously is disqualified for ten years; and
Any individual convicted of trafficking SNAP benefits of $500 or more is disqualified permanently.
The disqualification penalty must be imposed within 45 days from:
the date the court imposed sentence in a finding of guilt or approved a deferred adjudication;
the date the court approved a deferred adjudication or the date the individual signed a Disqualification Consent Agreement, whichever is later;
the date the Hearing Officer rendered an ADH decision;
the date the individual signed an ADH waiver.
When a disqualification penalty is imposed, the individual does not have the right to request a fair hearing on the underlying court conviction or ADH decision that led to disqualification, but may appeal other facts, such as:
the identity of the individual being disqualified;
the amount of benefits determined for the remaining family/household members; and
whether the disqualification penalty imposed is for a first, second, or third offense.
Once an individual has been disqualified, the disqualification period continues uninterrupted until completed regardless of any change in the eligibility of the disqualified individual’s family/household during the disqualification period.
Current cash and SNAP disqualification penalty information is available to the CAO through OARS.
NOTE: The time that a person serves for a disqualification penalty does not count toward the cash assistance eligibility time limits.
The OSIG will enter Pennsylvania Cash Assistance and SNAP disqualification information into OARS within five work days of the date that:
a court finds an individual guilty of welfare fraud;
a court accepts an individual charged with welfare fraud into a deferred adjudication process;
an ADH decision finds an individual committed an intentional program violation; or
a Waiver of Administrative Disqualification Hearing was signed by an individual agreeing to be disqualified from an assistance program or programs.
The OSIG receives a batch file from the national SNAP database which is cross-referenced with CIS to locate any individuals who may be actively receiving benefits. Individuals who are identified in this process are entered into OARS and imposed disqualifications as outlined in Section 910.72.
The OARS will impose the disqualification of an individual who is not actively receiving benefits when the disqualification is ordered. OARS will send the inactive individual a Disqualification Notice, which will show the effective date of the disqualification, the disqualification number, and the length of the disqualification penalty.
OARS will interface with the Client Information System (CIS) to provide the CAO with information on an applicant who is serving a disqualification. CIS will display a message on the CAPDRS screen during the application process (AP) if the applicant is serving an out-of-state or Pennsylvania disqualification for committing an IPV.
OARS will notify the CAO by alert if an individual who is receiving benefits should be disqualified for committing an IPV. The alert is generated when the SSN of an active individual is matched in both the OARS and CIS. The alerts generated by OARS to the CAOs are:
OARS exact match; out of state (Worker Alert #110);
OARS SSN match only; out of state (Worker Alert #111);
OARS exact match; PA (System Alert #112);
OARS SSN match only; PA (System Alert #113);
OARS Disqualify – DQRS Exact Match (ES=D/N) (Worker Alert #127); or
OARS SSN Match Only (ES=D/N) (Worker Alert #128).
NOTE: For alerts #127 and #128, OARS has imposed the disqualification and notified the individual.
Within 10 work days from the date of receipt of an OARS disqualification alert on an active case, the CAO will:
1. Check OARS to obtain the case demographics (SSN, Name, Date of Birth, and Sex) and disqualification penalty offense number.
2. Compare the OARS demographics to the demographics in the case record. If the demographics match, continue with the disqualification action as indicated below. If the demographics do not match, no disqualification action can be taken. Immediately notify the OSIG by telephone at (717) 783-2633.
3. Obtain secondary verification for OARS alerts for a disqualification from out of state.
Telephone the out-of-state contact person listed on the alert.
Confirm the case demographics and disqualification penalty offense number for the individual to be disqualified with the out-of-state contact.
Notify the OSIG immediately as indicated in step 2 above if the demographics and offense number are not the same. No disqualification action can be taken.
Request the out-of-state contact send or fax the evidence (court determination, signed disqualification consent agreement, signed waiver waiving the right to an ADH, or the hearing authority’s or officer’s decision, and the out-of-state’s notification of disqualification) to support the disqualification action if the demographics and offense number are the same. If the out-of-state contact requires a written request to release the evidence, send a secondary verification letter.
NOTE: It is not necessary for the CAO to wait for the receipt of the secondary verification from the out-of-state contact if the individual confirms the out-of-state disqualification information. However, if the individual denies/disputes the out-of-state disqualification information, the CAO must wait for the out-of-state disqualification evidence before taking further action.
4. Take immediate action to disqualify and remove the individual from the benefit program.
5. Determine the eligibility of the remaining family/household members. The income and resources of the disqualified individual are considered available to the remaining members. Income deductions are allowed from the disqualified individual’s income and resources as if that person was an active individual. See Cash Assistance Handbook, Chapter 160 and SNAP Handbook, Chapter 555.
6. Send an Advance Notice to Discontinue or Reduce case benefits – see CIS Reference Table (transaction TENG) to select the appropriate disqualification text for the notice.
NOTE: If a manual notice is used instead of the automated notice, send a copy of the manual notice to the OSIG at the address listed below (#8).
7. Enter the disqualification action in the case record narrative.
8. Send the secondary evidence obtained on an out-of-state disqualification to the OSIG, Bureau of Fraud Prevention and Prosecution, 555 Walnut Street, 7th Floor, Harrisburg, PA 17101.
For an applicant who is applying for benefits and is serving a Cash Assistance or SNAP disqualification for an IPV committed in Pennsylvania, the CAO will:
Check OARS to obtain the case demographics (SSN, Name, Date of Birth, and Sex), the dates of the period of disqualification, the benefit program, and/or category of assistance in which the IPV occurred.
Compare the OARS demographics to the demographics in the case record.
If the demographics match, the applicant is ineligible for benefits. Determine the eligibility of the remaining family/household applicants. Consider the income and resources of the disqualified applicant available to the remaining applicants. Income deductions are allowed from the disqualified applicant’s income and resources as if that person was eligible for benefits. See CAH, Chapter 160 and SNAP Handbook, Chapter 555.
If the demographics do not match, immediately notify the OSIG by telephone call to (717) 783-2633.
For an applicant who is applying for SNAP benefits and is serving an out-of-state SNAP disqualification, the CAO will:
Check OARS to obtain the case demographics (SSN, Name, Date of Birth, and Sex), the dates of the period of disqualification, and the name and telephone number of the out-of-state contact person.
Telephone the out-of-state contact person to verify the OARS demographic data and the disqualification period dates.
If the demographics match and the applicant does not dispute/deny the information, the applicant is ineligible for benefits. Consider the income and resources of the disqualified applicant available to the remaining household applicants (See Chapter 555 of the SNAP Handbook, Deeming Income/Resources). Request the out-of-state contact person send or fax the disqualification evidence (court determination, signed disqualification consent agreement, signed waiver to an ADH, or the hearing authority’s or officer’s decision, and the out-of-state’s notification of disqualification) to retain in the case record in support of the determination of ineligibility.
Immediately notify the OSIG by calling (717) 783-2633 if the demographics do not match.
If the applicant disputes/denies the information, request the out-of-state contact person send or fax the disqualification evidence and suspend the eligibility determination until receipt of the evidence.
NOTE: Waiting for the receipt of out-of-state disqualification evidence shall not interfere with or delay expedited service benefits beyond the five-day delivery standard. When the out-of-state evidence is received, an individual error overpayment claim is established against the household for any overpaid benefits.
Send a copy of the out-of-state disqualification evidence and a copy of the not eligible notice to the OSIG, Bureau of Fraud Prevention and Prosecution, 555 Walnut Street, 7th Floor, Harrisburg, PA 17101.
The CAO must refer the overpayment to the OSIG when a disqualification penalty is not imposed within 45 calendar days from the date the court or hearing authority found the individual committed an IPV (See the “Disqualification” tab in OARS ), and an agency error overpayment occurs for any benefits received by the individual who should have been disqualified and possibly for the benefits received by the other household members.
In addition, the period of the individual’s disqualification will be decreased by the period of time covered by the overpayment.
Example: Mr. Holland should have been disqualified for six months, starting on 4/1/14. However, this action was not taken until 6/1/14.. Therefore, an overpayment exists for the period 4/1/14 through 5/31/14. The period of Mr Holland’s disqualification is reduced to four months, beginning on 6/1/14.and ending on 9/30/14.. Mr Holland may reapply for benefits on 10/1/14.
Updated April 17, 2023, replacing March 24, 2021