SNAP intentional program violation penalties

The short answer

The penalties come from 273.16(b), and they stack by number of offenses. A first intentional program violation (IPV) means 12 months out of the program, a second means 24 months, and a third means permanent disqualification. Several offenses bypass that ladder because they are treated as more serious, and those are listed in the lookup above. The point to hold onto is that an IPV is a finding about intent. A mistake, a misunderstanding or an error by the agency is handled separately, through a repayment claim, not through disqualification.

What counts as an IPV

Section 273.16(c) defines an intentional program violation as intentionally making a false or misleading statement, or misrepresenting, concealing or withholding facts; or committing any act that violates SNAP, SNAP regulations or a state statute for the purpose of using, presenting, transferring, acquiring, receiving, possessing or trafficking SNAP benefits or EBT cards. The key word is intentionally. The household has to be told in writing about these penalties each time it applies for benefits, and the penalties must appear in clear, prominent, boldface lettering on the application form.

The penalty schedule

A standard IPV: 12 months for the first, 24 months for the second, permanent for the third. A court finding that the person used or received benefits in a transaction involving the sale of a controlled substance: 24 months for the first occasion and permanent for the second. A court finding of a transaction involving firearms, ammunition or explosives: permanent on the first occasion. A court conviction for trafficking benefits worth $500 or more in total: permanent on the first occasion. A fraudulent statement or representation about identity or place of residence made to receive multiple SNAP benefits at the same time: 10 years, except that the third-offense permanent rule still controls. If a court fails to impose a disqualification, the state imposes the appropriate one unless that conflicts with the court order. Only the individual is disqualified, not the entire household, and the disqualification period must continue uninterrupted regardless of whether the person’s household stays eligible. It begins no later than the second month after the person gets written notice.

How a case is decided

The state is responsible for investigating alleged violations and acts either through an administrative disqualification hearing or by referring the case to a court. It should start the process only when it has sufficient documentary evidence. The state gives the accused individual written notice at least 30 days before an administrative hearing it initiates. The hearing official must decide based on clear and convincing evidence, and has to carefully consider the evidence even if the accused does not show up. A hearing can be postponed if requested at least 10 days in advance, though not for more than 30 days in total. States may also allow an accused person to sign a waiver of the right to a hearing, or sign a disqualification consent agreement in cases of deferred adjudication; disqualification can then rest on that signed document. Signing a waiver gives up the hearing, so it is worth understanding what the paper says first.

Repayment is separate

Even though only the individual is disqualified, 273.16(b)(12) says the household is responsible for making restitution for the overpayment, and all IPV claims are established and collected under 273.18. If the state does not pursue disqualification or prosecution in a case involving an overissuance from a suspected IPV, it still collects by establishing an inadvertent household error claim. The state may pursue the case regardless of whether the person is currently eligible.

Worked example

A household member is found through an administrative hearing to have hidden a job to keep a higher benefit. It is the first finding, so the penalty is 12 months. Notice arrives on March 20; the disqualification must start no later than May, the second month after receipt. If the same person is found to have done something similar again later, the penalty is 24 months, and a third finding is permanent. The rest of the household can keep receiving benefits if eligible, but the household owes the overissued amount back.

What this page does not cover

This is the federal rule only. States run the hearing system and may have exemptions from setting it up if they refer cases to prosecutors. If you receive a notice of an administrative disqualification hearing, the answer is to read it, note the date, and consider getting legal aid; do not ignore it. A related concern is a household that fails to report a change, covered on the reporting page. For the amounts at stake, see the benefit calculator.

Sources

• 7 CFR 273.16, Disqualification for intentional Program violation (eCFR, issue date October 29, 2026). Read November 2, 2026.

Regulation text: Electronic Code of Federal Regulations, Title 7, Part 273, current to the October 29, 2026 issue date (7 CFR 273.16, Disqualification for intentional Program violation). SNAP is run by state agencies under federal rules, so state options, forms and deadlines vary, and the regulation text can lag recent changes to federal law. Dollar limits change each October 1; this page states the fiscal year wherever a dollar figure appears. Marked for human review.