Section 17-685.1-3 - Requirements for a claim for replacement of stolen benefits(a) A household unit may be eligible to receive a replacement of financial assistance, SNAP benefits, or a supportive service payment if: (1) There is sufficient evidence to determine the occurrence of electronic benefits theft and that the benefits were stolen through card skimming, card cloning, or similar fraudulent methods; and(2) The benefits were not lost or stolen by an alternate payee or authorized representative designated by the household unit.(b) The household unit shall timely report to the department of an electronic benefits theft either in-person, in writing via electronic email or U.S. postal service, or by telephone.(c) The household unit shall provide a written and signed attestation of the electronic benefits theft, on a department prescribed form, to initiate a claim for the replacement of stolen benefits. The attestation must be submitted within ten business days from the date the household unit reported the electronic benefits theft to the department and shall be submitted to the department in-person or mailed electronically or via the U.S. postal service. The attestation shall include the following information:(1) Full name of the head of the household unit;(2) The household unit's case number and the client identification number of the affected household member if the stolen benefits include child care subsidy, FTW, or E&T supportive service payment;(3) The last four digits of the social security number for the head of the household unit;(4) The last four digits of each EBT card number given to the household unit;(5) The household unit's address and telephone number;(6) The date of discovery of the electronic benefits theft; and(7) Description of loss or theft of benefits, including the name and address of the retailer or ATM, if applicable. (d) The attestation shall be signed by the head of the household unit and acknowledges that: (1) The household unit's benefits replacement claim may be approved or denied;(2) There is a limit to the amount of benefits that may be replaced;(3) The household unit has the right to request an administrative hearing if the household unit does not agree with the department's denial of a claim for replacement of stolen benefits; and(4) Under penalty of law that all information as stated on the attestation and any other information submitted is true and correct.(e) The household unit shall be provided up to ten days from the date of the department's request to provide additional information or evidentiary support of its electronic benefits theft claim.Haw. Code R. § 17-685.1-3
[Eff 6/10/2024] (Auth: HRS §§91-3, 91-4, and 346-14; 42 U.S.C. §§ 601, et seq.; 42 U.S.C. § 618; P.L. 117-328, Title IV, §501) (Imp: HRS §§346-14, and 346-155; 45 C.F.R. § 98.50; 45 C.F.R. §§ 260.20, et seq.; P.L. 117-328, Title IV, §501)