Tenn. Comp. R. & Regs. 1240-01-19-.21

Current through October 22, 2024

Section 1240-01-19-.21 - REPLACEMENT OF FOOD STAMP ALLOTMENTS

(1) Food Stamp Allotment Lost in the Mail Prior to Receipt

(a) The case manager shall authorize replacement of the allotment only:

1. If the allotment is reported stolen from the mail or lost in the mail in the period of intended use and

2. If the non-receipt is reported in the period of intended use and

3. If the household requesting the replacement has not already been issued two countable replacements in a six (6) month period.

4. If the lost allotment was sent certified mail, it is not to be replaced unless:

(i) the post office has no certified mail receipt;

(ii) the post office has an unsigned receipt but has lost the allotment;

(iii) the household timely reports an address change but the change is not made by the county, or an incorrect address change is made by the county; or

(iv) A household to whom replacement is denied requests a fair hearing on the issue, and the household prevails at the hearing.

(b) Period of Intended Use

1. If the allotment is issued on or before the 20th of the month, the period of intended use is the month of issuance.

2. If the allotment is issued after the 20th of the month, the period of intended use is the end of the month following the month the allotment is mailed.

(c) County Office Responsibilities.

1. When a household reports the nondelivery of a food stamp allotment issued through the mail, and the conditions in (a) and (b) above are met, the case manager shall provide the replacement no more than ten (10) days after the reported loss or within two (2) working days following receipt of the signed affidavit.

(2) Lost, Stolen, or Misplaced Coupons. The case manager shall not authorize a replacement allotment to a household which reports that its coupons were lost, stolen, or misplaced after being received.

(3) Destroyed Coupons. A household may request a replacement for that portion of its allotment which it had received but which was subsequently destroyed in a household disaster such as fire or flood.

(a) Household's Responsibilities

1. To qualify for a replacement, the household must report the destruction of the coupons to the local food stamp office within ten (10) days of the incident or within the period of intended use, whichever is earlier.

2. The household must also sign a Form HS-0461, FS Replacement Authorization:

(i) Attesting to the destruction of the household's food stamps,

(ii) Stating that the original coupons will be returned to the state agency if recovered by the household, and

(iii) Stating that the household is aware of the penalties for intentional misrepresentation of the facts.

(b) Period of Intended Use

1. If the allotment is issued on or before the 20th of the month, the period of intended use is the month of issuance

2. If the allotment is issued after the 20th of the month, the period of intended use is the end of the month following the month the allotment is mailed.

(c) County Office Responsibilities.

1. When a household reports the destruction of a food stamp allotment timely, and the conditions in (a) and (b) above are met, the case manager shall provide the replacement no more than ten (10) days after the reported loss or within two (2) working days following receipt of the signed affidavit.

(d) Federally Declared Disasters

1. When the President or USDA/FNS has issued a disaster declaration and the household is eligible for emergency food stamp benefits, the household shall not receive both the disaster relief allotment and a replacement allotment for the same period.

(4) Replacement of Food Destroyed in a Disaster/Partial Allotments. When food purchased with food stamps is destroyed in a disaster affecting a particular household, that household may be eligible for replacement of the actual value of loss, as follows:

(a) the value replaced shall not exceed one month's food stamp allotment;

(b) the loss must be reported within ten (10) calendar days of the incident;

(c) the case manager shall verify the disaster through:

1. a collateral contact;

2. a community organization such as the fire department or the Red Cross; or

3. a home visit.

(d) If the criteria in (a), (b), and (c) above are met, the case manager shall provide the replacement no more than ten (10) days after the reported loss or within two (2) working days following receipt of the signed affidavit.

(e) Replacement of the value of food destroyed in a disaster shall be made, subject to the above criteria, in cases of an individual household disaster such as fire, as well as natural disasters affecting more than one household.

1. Coupons that are destroyed because of the household's carelessness or an accident are not replaced.

2. The case manager will evaluate the situation and determine if the destruction is due to carelessness or is a situation that could not have been within the household's control.

(f) When the President or USDA/FNS has issued a disaster declaration and the household is eligible for emergency food stamp benefits, the household shall not receive both the disaster relief allotment and a replacement allotment for the same period.

(5) Partial Allotments

(a) If the household receives a partial coupon allotment, the remainder of the allotment for which the household is eligible shall be authorized as a replacement only if:

1. the deficit of coupons is reported orally or in writing within the period of intended use; and

2. the report of a partial loss is substantiated by a discrepancy in the issuance unit's inventory; or

3. two (2) staff members are present when the envelope containing the coupons is opened and they witness that part of the full allotment is missing; or

4. there is evidence that the coupon loss is due to damage in the mail prior to delivery.

(b) Period of Intended Use

1. If the allotment is issued on or before the 20th of the month, the period of intended use is the month of issuance.

2. If the allotment is issued after the 20th of the month, the period of intended use is the end of the month following the month the allotment is mailed.

(c) County Office Responsibilities.

1. When a household reports the delivery of a partial food stamp allotment issued through the mail, and the conditions in (a) and (b) above are met, the case manager shall provide the replacement no more than ten (10) days after the reported loss or within two (2) working days following receipt of the signed affidavit.

Tenn. Comp. R. & Regs. 1240-01-19-.21

Original rule filed August 15, 1980; effective September 29, 1980. Amendment filed December 10, 1981; effective January 25, 1982. Amendment filed March 1, 1982; effective April 15, 1982. Amendment filed July 28, 2000; effective October 11, 2000.

Authority: T.C.A. §§ 4-5-202; 71-5-304; 7 CFR 274.6; and Acts of 1996; Chapter 950 § 36 (September 1, 1996).