CALFRESH

63-805 Intentional Program Violation

Purpose

(    ) To release a new policy

(    ) To release a new form

( X ) To convert existing policy to new writing style only – No concept changes

(    ) Revision of existing policy and/or form(s).

This document provides policy, requirements and procedures for processing a CalFresh Intentional Program Violation (IPV) application/case.

Policy

Individuals found to have committed an IPV either through an Administrative Disqualification Hearing (ADH) or by a court of appropriate jurisdiction, or individuals accused of IPV who have signed an ADH Waiver or a Disqualification Consent Agreement in cases referred for prosecution are ineligible to receive CalFresh benefits.

Disqualification Period

Penalties for committing an IPV act vary depending on the type of offense committed and frequency.  Individuals determined guilty of committing an IPV act in a court of law or through an ADH will be disqualified as follows:

Timely Disqualifications

In an ADH decision, the individual who has committed the IPV is disqualified effective the first of the month following the date the individual and the Department are notified in writing of the ADH decision.

The period of disqualification must begin within 45 days of the date:

1.    The household member signed the Disqualification Consent Agreement form;

2.    The household member signed an ADH waiver before the scheduled hearing; or 

3.    A written order has been issued from a court decision, unless the court specifically sets a different time frame.

Note:  The household must be provided a 10-day Notice of Action (NOA) regarding IPV disqualification, even if the IPV individual in the household is sanctioned for another reason or not on aid.

If a disqualification is not processed timely, the individual is disqualified for the remaining time of the penalty period.  An Administrative Error (AE) over-issuance is established by county eligibility staff from the first date of disqualification period until   the date the disqualification action is taken.

Once the disqualification period has been applied, it continues uninterrupted until the end of the disqualification period, unless it has a permanent disqualification, regardless of the eligibility of the household. 

Authorized Representative

An individual disqualified for an IPV cannot act as an Authorized Representative (AR) during their disqualification period, unless the eligibility staff has determined that no one else is available to serve as an adult AR for the household.

Separate determination will be made by the eligibility staff for whether the
IPV-disqualified individual is needed to apply on behalf of the household, or to obtain benefits on behalf of the household.

Background

Individuals who are determined by an ADH or a court of appropriate jurisdiction to have committed an IPV are disqualified from participating in the CalFresh Program.  The disqualification period is based on the type of violation and occurrence.

Definitions

Requirements

Proper notification must be sent to an individual when an IPV disqualification has been imposed.  CF 377.7A and CF 377.7A1 must include the effective date of disqualification, the length of disqualification penalty, and the request for restoration of benefits.

Verification Documents

N/A