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Department
of Human Services Families
First Online Policy Manual Families
First Overpayments and Overpayments Administrative
Disqualifications for Families First |
Revised: |
39.4.2 |
DISQUALIFICATION PENALTIES |
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An individual who, on the basis of a plea
of guilty, nolo contendere
(no contest) or otherwise is found to have committed an intentional program
violation as the result of an administrative disqualification hearing (ADH),
or by a state or federal court, will be disqualified from participating in
the Families First program. This
disqualification penalty is limited to the individual(s) found guilty of
having committed an IPV. An individual found to have committed an IPV will not have his/her
individual needs taken into account when determining the AU’s eligibility and
the amount of assistance, but any resources and income of the disqualified
individual will be considered available in their entirety to the AU. This penalty is applied during the entire
duration of the penalty period. The individual will be disqualified: ·
For six
months for the first IPV. ·
For 12
months for the second offense. ·
Permanently
for the third or a subsequent offense. In cases where a disqualification penalty and other sanctions or
penalties apply: ·
The
disqualification penalties imposed under this chapter will be in addition to,
not be substituted for, any other sanction or penalties which may be imposed
by law for the same offenses. ·
The
disqualification penalties affect the individual concerned and cannot be
substituted for other sanctions under the Families First program (e.g.,
failure to participate in the Personal Responsibility Plan or to cooperate in
obtaining child support), but may run concurrently with other
sanctions which are in place. After
the disqualification period expires, the person will have to meet all
eligibility requirements before being added to the Families First AU. |
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