Health & Benefits

It is a decision IDHS makes about a person who violated SNAP rules on purpose. IDHS will decide this if a person was overpaid in SNAP benefits because:

• They lied or did not tell the whole truth to IDHS,
• They did not give IDHS all of the facts about their case, or
• They used food stamps in a way that is not allowed under food stamp rules, like selling food stamps for cash.

For example, if IDHS thinks that a SNAP recipient did not tell them about a change in how much money they make on purpose, this is a suspected IPV. If a person is found to have committed an IPV, they will have to pay IDHS back for an “overpayment.” An overpayment is the extra SNAP benefits they were given. Even after they pay IDHS back, they could also be in trouble for lying. That person might not be able to get SNAP benefits ever again.

IDHS will remove the violator from the SNAP benefits program as a penalty. Only the person who actually did the IPV will stop getting SNAP benefits. The rest of the SNAP unit will still get SNAP benefits.

The length of a benefits suspension depends on how many times someone intentionally violated the rules of the SNAP benefits program: 

• 1st violation IPV: benefits suspended for 12 months,
• 2nd IPV: benefits suspended for 24 months, and
• 3rd IPV: they will never be allowed to get SNAP benefits again.

Sometimes there are bigger penalties, even if this is someone’s first IPV. For example, a person trading SNAP benefits for a controlled substance, including drugs or alcohol, cannot get SNAP benefits for 24 months. A person getting more than one SNAP benefit allotment at a time will not be allowed to get SNAP benefits for 10 years. A person will never be allowed to get SNAP benefits again if they are found:

• Trading SNAP benefits for guns, ammunition, or explosives, or
• Selling SNAP benefits in the amount of more than $500:

A person who has an IPV might also face criminal prosecution for fraud and abuse.

If someone is charged with an IPV, they will get two notices from IDHS. One notice will tell them about the overpayment. The other notice will be called a Notice of Suspected Intentional Program Violation. A letter about when the disqualification hearing will come separately.

The Notice will come with many other papers. One of the papers is the “Waiver of Right to Administrative Disqualification Hearing, Food Stamp Disqualification Rights”. The SNAP recipient can give up their right to a hearing by signing it and returning it within 20 days. This is called a "waiver." Signing the waiver would mean that the SNAP recipient admits to the IPV. Signing it also means they give up their right to a hearing. 

Caution: People charged with an IPV should consider speaking to a lawyer before signing a waiver. Waivers can be hard to understand. Signing the waiver means a person agrees that IDHS can impose the penalty for an IPV without holding a hearing. Signing could also mean they are admitting to having committed a crime. If that person is charged with a crime, IDHS can use the waiver they signed as a confession of guilt. It is very important not to sign the waiver without fully understanding its effects.

The notices must say:

• The charges against the SNAP recipient,
• What evidence IDHS has against them and their household, and
• How and where the SNAP recipient can look at the evidence IDHS has against them and their household.

The notices should also warn that if the SNAP recipient does not go to the hearing, the decision will be based only on information from IDHS. The SNAP recipient should also be given a list of their rights, a description of the penalty that they could be facing, and a statement that this hearing does not stop the state or county they live in from also bringing criminal charges against them.

There are some factors that IDHS should consider in deciding whether to proceed with an IPV: 

• Whether the overpayment occurred over less than three months in a row,
• Whether the overpayment amount was less than $100, and
• Whether the overpayment happened because the SNAP recipient did not understand or was unable to report their household circumstances due to:
  • A language barrier,
  • A reading or comprehension error caused by illiteracy or mental impairment, or
  • A documented medical or personal crisis.

The crisis must have happened in the two weeks before the reported false or misleading information. Examples of a crisis include an eviction, hospitalization, or violent crime against the SNAP recipient.

Yes. A person accused of an IPV must attend a disqualification hearing. The letter of the hearing must be mailed by certified mail, return receipt requested, or by some other method that shows the SNAP recipient got the letter. The notice of the disqualification hearing must be sent at least 30 days before the hearing. 

If a person cannot go to the hearing, they can postpone it for up to 30 days. They can request this by asking IDHS in writing at least 10 days ahead of hearing date. If a person doesn’t go to a hearing and doesn’t ask to postpone, the hearing will be held without them.

If they miss the hearing, they have 10 days after the date of the hearing to present a good reason for not attending. IDHS says good reasons include death in the family, illness, or emergencies. 

If a person receives a hearing decision, and they never received a notice to appear for the hearing, they have 30 days from the date of the decision to contact IDHS. They must call at (800) 435-0774 and request that the decision be set aside and the hearing rescheduled. If IDHS has no proof the SNAP recipient received the notice of the original hearing, it should re-schedule a new hearing. If the SNAP recipient fails to appear for the rescheduled hearing, the original decision will stand.

At an IPV disqualification hearing, IDHS must prove the program rules were violated on purpose. The SNAP recipient will also have the opportunity to speak at the hearing. They can provide testimony and evidence that they didn't commit an IPV.

The SNAP recipient should still get SNAP benefits until the decision after the hearing is made. They will not get SNAP benefits if their case has already been canceled for another reason.

At the hearing, IDHS will try to prove that the SNAP recipient broke the program rules and should get an IPV. The SNAP recipient has the right to:

• Have a lawyer or another representative with them,
• Present evidence and witnesses,
• See the evidence against them in their file, and
• Cross-exam the witnesses against them at the hearing.

IDHS will tell the SNAP recipient that they have the right to remain silent concerning the charge and that anything said or signed by them relating to the charge can be used against them in a court of law. In other words, they have the right not to answer any questions.

The hearing officer will send a written decision within 90 days of the notice of hearing.  The written decision will state whether there is clear and convincing evidence that the SNAP recipient intentionally violated the program rules. The decision must be based on the evidence shown at the hearing. IDHS must explain its reasons for the decision and what evidence supports that decision. If IDHS decides that the overpayment was an IPV, it must also include the date the disqualification will start.

No. The disqualification applies only to the person who committed the violation, not the whole SNAP unit. The remaining household members will receive notice of the amount of SNAP benefits they will receive during the disqualification period. This will likely be lower since their SNAP unit will be smaller without the person who committed the IPV. If IDHS claims that SNAP benefits must be repaid, the whole SNAP unit is responsible for the repayment.

Yes. A person can appeal a decision about an IPV by filing a case in court. It's important to speak to a lawyer if someone wants to appeal an IPV decision in court.