16 Del. Admin. Code § 9000-9079
Food stamp benefits issued by EBT can only be replaced under two conditions:
| · | Unauthorized use of the account based on the conditions listed under DSSM 9079.2; and |
| · | Food purchased with food stamp benefits that was destroyed in a household misfortune or disaster. |
The primary payee (cardholder) is responsible for the security and safeguarding of the EBT card and Personal Identification Number (PIN), including the careful selection of authorized representatives. 9 DE Reg. 799 (11/01/05)
The reason DSS issues food stamp benefits by EBT is to minimize the loss and theft of client benefits.
DSS will replace benefits issued by EBT due to the unauthorized use of the account only if the loss occurred:
| · | after a report of a lost or stolen EBT card is made to the e-Funds Customer Support number at 1-800-526-9099; |
| · | because of DSS local office card/PIN issuance error; or |
| · | because of an unlawful or other erroneous action on the part of DSS or the EBT contractor. |
DSS will not replace food stamp benefits withdrawn from an EBT account before a report of a lost or stolen EBT card is made to the e-Funds Customer Support Unit.
DSS will replace food stamp benefits withdrawn from an EBT account after a report of a lost or stolen EBT card is made to the e-Funds Customer Support Unit. Before a replacement is issued, DSS will verify the time/date of the report to e-Funds and the time/date of the loss of benefits.
DSS will not replace EBT issued benefits that were misused by an authorized representative.
Affidavit for Replacement of EBT Food Benefits. The affidavit will attest to the loss and must be made within ten days of the report of the loss. If the household does not sign and return the affidavit within ten days of the report of the loss DSS will deny the request for replacement of benefits.
DSS will replace food benefits used for food that was destroyed in a household misfortune or disaster.
The household may be entitled to a replacement of the actual value of the loss not to exceed the amount of the household's monthly allotment at the time of the loss.
The household must report the household misfortune or disaster to DSS within ten days of the loss.
DSS will verify the fact of the household's misfortune or disaster. Disasters can include fire, floods, or hurricanes. Household misfortunes can include a breakdown in the refrigerator or freezer or the loss of electricity causing food to spoil.
In verifying a household's misfortune or disaster DSS will accept statements from community agencies, the Red Cross, fire departments, home visits, or other acceptable collateral contact.
There is no limit on the number of times a household may receive replacement of food destroyed in a household misfortune or disaster.
If a household is eligible for emergency benefits under a disaster program, the household cannot receive both the emergency benefits and replacement benefits for the same time period.
Replacements of destroyed food cannot be used to offset food stamp overpayment claims.
A household member, or authorized representative, must sign and return to the food stamp office an Affidavit for Replacement of EBT Food Benefits. The affidavit will attest to the loss and must be made within ten days of the report of the loss. If the household does not sign and return the affidavit within ten days of the report of the loss DSS will deny the request for replacement of benefits.
A household member, or authorized representative, must sign an Affidavit for Replacement of EBT Food Benefits attesting to the loss and submit the affidavit to DSS within ten days of the report of the loss.
The household will not receive a replacement if the affidavit is not received by DSS within ten days of the report of the loss.
If the tenth day falls on a weekend or holiday, DSS will consider the affidavit as received timely if it is received on the next business day.
DSS will provide replacement benefits within ten days of the reported loss or within two working days of receiving the affidavit, whichever is later.
16 Del. Admin. Code § 9000-9079