16 Del. Admin. Code § 2000-2024

Current through Register Vol. 28, No. 7, January 1, 2025

Section 2000-2024 - Disqualifying Individuals for the Fraudulent Receipt of Benefits in Multiple States

42 USC 608(a)(8); 7 CFR. 273.16 (b)(5)

Individuals who have been found guilty of fraudulently receiving cash assistance or food benefits in multiple states are disqualified from receiving these benefits.

1.Disqualification Criteria for Cash Assistance Recipients

A. An individual is ineligible to receive cash assistance as a member of any assistance unit if the individual:

i. Made a fraudulent statement or representation of the individual's place of residence to receive assistance from two or more states simultaneously; and

ii. Was convicted in federal or state court for this offense.

B. The individual is disqualified from receiving cash assistance for a 10-year period beginning on the conviction date.

C. The disqualification applies to programs funded under Title IV, Title XIX, and Title XVI of the Social Security Act and the Food and Nutrition Act of 2008.

D. The disqualification does not apply to an individual for whom the President of the United States has granted a pardon for the conviction.

E. DSS case workers must:

i. Determine the income, resources, and deductions according to DSSM 4003.2 if the disqualified individual is a parent payee; or

ii. Exclude the income and resources of the disqualified individual if the individual is a non-parent payee.

2.Disqualification Criteria for Food Benefit Recipients

A. An individual is ineligible to receive food benefits as a member of any household if the individual:

i. Made a fraudulent statement or representation of the individual's place of residence or identity to receive assistance from two or more states simultaneously; and

ii. Was convicted in federal or state court, was found guilty as the result of an Administrative Disqualification Hearing, or signed a waiver of the right to an Administrative Disqualification Hearing for this offense.

B. The individual is disqualified from receiving food benefits for a 10-year period beginning no later than the second month following the date the individual receives written notice of the disqualification.

C. DSS case workers must:

i. Determine the income, resources, and deductions of the disqualified individual according to DSSM 9076.1.

16 Del. Admin. Code § 2000-2024

24 DE Reg. 1009( 5/1/2021) (final)