Disqualified Participants
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Some participants may not be eligible to receive benefits due to a disqualification. These participants may still be mandatory participants in the budgetary unit.
Policy
Some disqualifications apply to both, NA and CA benefits and others are program specific.
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NA and CA Disqualifications
All of the following participants may not receive NA or CA benefits due to a disqualification:
●Disqualified for noncompliance with SSN enumeration requirements.
●Do not meet citizenship or qualified noncitizen requirements.
●Have questionable citizenship and verification is pending (Nonqualified Noncitizens).
●Have not attested to citizenship or noncitizen status.
●Voluntarily quit a job.
●Reduced their work effort.
●Refused a job offer.
●Committed fraud or have an intentional program violation (IPV).
●Convicted of making fraudulent statements concerning their residence or identity, in order to receive multiple NA benefits.
●On the jail cross match report and who fail to respond to the request for information notice.
●Are convicted of a felony offense that has actual possession, use, or distribution of a controlled substance as an element of the crime. The crime had to have been committed and the participant convicted on or after August 23, 1996. For information on how to remove an NA drug disqualification, see Removal of an NA Drug Disqualification.
NOTE When a drug conviction is set aside, vacated, or expunged by a Court in the State of Arizona, the conviction remains disqualifying for eligibility purposes.
●Are violating a condition of probation or parole imposed by a federal or state law. The participant is ineligible for benefits while the participant continues to violate a condition of probation or parole.
●Are fleeing to avoid prosecution or custody, for a crime, or an attempt to commit a crime, that would be classified as a felony. The participant is ineligible for benefits while the participant continues to flee.
Participants are potentially eligible for NA and CA when convicted of a felony drug conviction related offense adjudicated in one of the following courts:
●Juvenile Court
●Tribal Court
Budgetary units with a possible disqualifying drug conviction are still potentially eligible for expedited Nutrition Assistance.
NOTE When the participant requests assistance, FAA will research available resources to verify the drug conviction.
All of the following drug related convictions do not cause a disqualification:
●Attempted possession or sale
●Solicitation to possess or sell
●Attempted manufacture of dangerous drugs
●Possession of non-dangerous chemicals to manufacture drugs
●Possession or use of drug paraphernalia
●Facilitation to possess or sell
●Conspiracy to possess
Additional Information on NA Disqualifications
Some disqualifications apply to the NA program only. These participants may still be mandatory participants in the NA budgetary unit.
NA Only Disqualifications
All of the following participants are disqualified from receiving NA benefits:
●Disqualified from the Food Distribution Program on Indian Reservations (FDPIR)
●Able Body Adults Without Dependents (ABAWD) after receiving 3 months of NA benefits and not meeting the work requirement or an exemption reason (See ABAWD Eligibility Requirements for more information.)
●Participants convicted of trading NA benefits for controlled substances or trading controlled substances for NA benefits
●Participants convicted of trafficking NA benefits
●UI comparable disqualification (Participants who are disqualified from receiving unemployment insurance.)
For more NA disqualifications, see NA and CA Disqualifications.
Removal of an NA Drug Disqualification
NA participants who receive a drug conviction may avoid a disqualification or have a prior drug disqualification removed when they meet all NA eligibility requirements and the criteria for the removal of an NA drug disqualification.
The NA participant is required to agree to random drug testing by signing the Nutrition Assistance Drug Testing Agreement (FAA-1565A) form or the NA Drug Testing Agreement (F029) notice and meet one of the following requirements:
●Is currently accepted for treatment in a substance abuse treatment program but on a waiting list. The person remains enrolled in the treatment program and enters the treatment program at the first available opportunity.
●Is currently accepted for treatment and is participating in a substance abuse treatment program.
●Has successfully completed a substance abuse treatment program after the offense in question.
●Is determined by a licensed medical provider to not need substance abuse treatment.
●When on probation, is following all terms of probation. This also applies when the probation associated with the drug conviction has been successfully completed.
NOTE The date the requirement was met is required to be after the date of the offense. Parole is not considered one of the five requirements listed above.
When a participant with a disqualifying felony drug conviction signs the NA Drug Testing Agreement and meets one of the requirements, the conviction is considered removed.
When a participant has met the requirements for an NA drug disqualification removal but then commits and is convicted of another disqualifying drug felony, the NA drug disqualification removal process is required again.
NA Special Class of Fleeing Felons
Due to a change in law, participants who have certain felony convictions and are not in compliance with the terms of their probation or parole make up a special class of fleeing felons. When the participant states they have one of the felony convictions listed below and are not in compliance with the terms of their probation or parole, no verification is needed. The participant is disqualified until they can verify that they are currently in compliance with probation or parole.
The special class of fleeing felons includes any participant convicted as an adult of any of the following felony offenses on or after February 08, 2014:
●Aggravated sexual abuse (by force or threat of another person, including rendering that person unconscious or by administering a drug, intoxicant, or other similar substance, and then engages in a sexual act). This includes anyone who crosses a state line with the intent to engage in a sexual act with a minor.
●Murder.
●A federal or state offense involving sexual assault, domestic violence, dating violence, or stalking as defined in section 40002(a) of the Violence Against Women Act of 1994.
●An offense under State law determined by the Attorney General to be equal to an offense described above.
CA Only Disqualifications
Some disqualifications apply to the CA program only. Disqualified participants may still be mandatory participants in the CA budgetary unit.
Participants who do not comply with or pass the CA drug test requirements are disqualified from receiving CA benefits. This includes any of the following participants:
Those who do not provide a completed Illegal Drug Use Statement (FAA-1415A) form.
Those who do not complete a drug test when it is required by FAA.
Those who complete a drug test with positive results.
For more CA disqualifications, see NA and CA Disqualifications.
Verification
The participant has the primary responsibility for providing verification. (For additional policy see, Participant Responsibilities – Providing Verification.)
Verification that can be used to meet the criteria for removal of an NA drug disqualification has to be either a collateral contact or hard copy. A participant’s statement cannot be used. Forms of verification include, and are not limited to any of the following:
●Court records indicating the participant completed or is following all terms of probation for the drug charge
●Completed treatment certificates for the drug charge that display the date the treatment was completed
●Letters from a probation officer
●Letters from a medical provider
●Letters from a drug treatment center that the participant is on a waiting list for treatment for the drug charge
Legal Authorities
7 CFR §273.11(c)(1)
7 CFR §273.11(n)
7 CFR §273.11(s)
7 CFR §273.11(s)(1)
7 CFR §273.11(s)(1)(v)
7 CFR §273.11(s)(2)
ARS 46-215
PY Tribal TANF State Plan
last revised 11/21/2022