Section 144-301-700-FS 777-4 - Replacement of Benefits1.GENERAL RULE SNAP benefits reported as not issued to the individual's EBT Account are replaced only if the error is reported in the period of intended use. The period of intended use of regular monthly allotments is the month of issuance and the next 11 months.
A. Beginning December 20, 2024, the Department will only replace benefits pursuant to the process in Section 777-4(3)(B)-(F), as described below, if the replacement of benefits is federally authorized. If replacement of benefits lacks federal authorization, the Department will also suspend replacement of state funded benefits for the same period. If replacement of benefits is suspended due to a lack of federal authorization, the Department shall promptly notify a claimant of the suspension upon receiving an Electronically Stolen Benefits Application (EBSA) and deny that request.2.PROCEDURES FOR REPLACING BENEFITS USED TO PURCHASE FOOD THAT WAS DESTROYEDBenefits used to purchase food can only be replaced when the food has been destroyed due to a household misfortune, such as but not limited to fire or flood, or special disaster declaration by the Secretary of Agriculture. The household must report the loss within ten days of the destruction.
A. The household must complete the SNAP Loss and Replacement Request form within 10 days of the initial report of the loss.B. The disaster must be verified and documented.C. The Department shall issue a replacement allotment not to exceed the lesser of the value of the food destroyed or one month's benefit within ten days of receiving the form and the verification.3.PROCEDURES FOR REPLACING BENEFITS STOLEN ELECTRONICALLYBenefits used unlawfully for non-household members can only be replaced when the benefits were accessed as a result of card skimming, card cloning, phishing or other electronic acquisition of the EBT card number and PIN.
A. The household must submit an Electronically Stolen Benefits Application (ESBA) timely. (1) Claims for benefits stolen electronically on or after October 9, 2023, are timely if they are received within 30 days of the benefits being used.(2) Claims for benefits stolen on or after October 1, 2022 but before October 9, 2023, are timely if received by November 8, 2023.(3) Benefits stolen before October 1, 2022, are not eligible for replacement.B. The completed ESBA shall include: (1) the following information about the claimant(a) their first and last name,(b) their ACES ID# (or if the claim is being made by an authorized representative, the ACES ID# of the individual they are representing),(c) another unique identifier, either (i) the last four digits of their social security number or(e) their telephone number;(2) The following information about the theft of benefits (food purchase) (a) the date of the theft,(b) the amount of the theft,(c) the location of the theft, and(d) the location of the EBT Card at the time of the theft;(3) the current location of the EBT Card; and(4) to the best of the claimant's ability a narrative description of how the card number and PIN were acquired by the thief.C. ESBAs can be submitted in person at any Office for Family Independence office, by mail, by e- mail, or by uploading them to the Office's online portal.D. The Department shall process all ESBAs and issue a written determination (consistent with section 777-5) and replacement benefits, if applicable, within ten days of receipt of the Application. (1) The Department shall use readily available data and other sources of information that will not delay the determination. Claim validation is solely at the discretion of the Department.(2) The household may request a hearing on the decision consistent with Section 777-1. The Department's decision stands unless and until overturned by the hearings officer.E. The Department shall investigate all reports of fraudulent EBT usage even if the report is not eligible for replacement.F. Replacement benefits cannot exceed the lesser of the amount stolen or the total amount issued in the two months preceding the theft.G. No household may receive replacement of stolen benefits more than two times in any federal fiscal year.10-144 C.M.R. ch. 301, § 700-FS 777-4