§ 20-76-409 - Disqualification and sanction. - Arkansas Statutes

20-76-409. Disqualification and sanction.

(a) Each individual applying for assistance under this chapter shall state in writing during the application process whether the individual or any member of the household of the individual has been found guilty of or pleaded guilty or nolo contendere to a crime described in subsection (b) of this section.

(b) No individual who has been found guilty of or has pleaded guilty or nolo contendere to any state or federal offense classified as a felony by the law of the jurisdiction involved and which has as an element of the offense the distribution or manufacture of a controlled substance, as defined in section 102(6) of the Controlled Substances Act, 21 U.S.C. 802(6), shall be eligible for:

(1) Assistance under any state program funded wholly or partially under part A of title IV of the Social Security Act;

(2) Assistance under any state program created by this chapter; or

(3) Benefits under the food stamp program.

(c) (1) The amount of the assistance otherwise required to be provided under transitional employment assistance to the family members of an individual made ineligible by this section shall be reduced by the amount which would have otherwise been made available to the individual.

(2) The amount of benefits otherwise required to be provided to a household under the food stamp program shall be determined by considering the individual made ineligible by this section not to be a member of such household, except that the income and resources of the individual shall be considered to be income and resources of the household.

(d) Clear notice of this section shall be provided in the personal responsibility agreement.

(e) This section shall not apply to findings of guilt or pleas of guilty or nolo contendere for offenses occurring on or before July 1, 1997.

(f) In accordance with this section, the State of Arkansas opts out of Section 115 of the Personal Responsibility and Work Opportunity Act of 1996.