Overpayment vs. intentional violation
There's a big difference. An overpayment just means you received more SNAP than you should have — often from an agency error or a good-faith mistake — and you usually just repay it (see overpayments & paybacks). An intentional program violation (IPV) is a finding that you deliberately broke the rules (hid income, lied, trafficked benefits). IPV carries real penalties; a good-faith mistake should not.
The IPV penalties
If an IPV is established (by a hearing or a signed waiver), you're disqualified from SNAP — typically 12 months for a first violation, 24 months for a second, and permanently for a third (special, harsher rules apply to trafficking or fraud to get multiple benefits). The disqualification applies to you, not the rest of your household.
You have the right to respond
You do not have to accept an IPV finding. You can request an administrative disqualification hearing, bring evidence, and be represented. Do not sign a waiver of your hearing rights without understanding it — signing can mean accepting the penalty. If there's any chance it was a misunderstanding, ask for the hearing.
Get help
Contact legal aid in your area (free for low-income people) before responding to a fraud or IPV notice — they handle these regularly. Respond by every deadline in the notice; missing one can forfeit your rights. Keep copies of everything you submitted to the agency.
What still happens to benefits
Even with an IPV against one person, the rest of the household can usually keep receiving SNAP (the benefit is recalculated without the disqualified member). And you must still repay any overpaid amount. If your benefits stopped, the lost-benefits triage can help.
How to avoid an overpayment in the first place
Most overpayment notices trace back to one thing: a change that wasn't reported in time. The cleanest protection is to report changes promptly — a new job or raise, a change in who lives with you, a move, a new source of income — through your state portal, and keep a copy or confirmation. Most states use simplified reporting, so you usually only have to report mid-period when your income crosses a set threshold, but reporting early never hurts and prevents a bill later. If you're ever unsure whether something needs reporting, ask your caseworker in writing; that record protects you if a claim ever comes up.
General guidance, not a determination — rules vary by state and change over time. Confirm with your state SNAP office.
Sources
- 7 CFR § 273.16 — intentional program violations: disqualification periods (12 mo / 24 mo / permanent) and hearing rights
- 7 CFR § 273.18 — claims against households (overpayments and collection)
- USDA FNS — SNAP fraud and program integrity
Lost benefits or worried about losing them? Run the 5-question lost-benefits triage — appeal timing, emergency food, and alternative programs in one walkthrough.