709.27 Replacing Electronic Stolen Benefits (FSM) |
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For benefits stolen by electronic means (skimming card cloning, scamming, phishing, etc), issue replacement benefits within 10 calendar days of the receipt of BFA Form 473, Attestation and Verification of Electronic Stolen Benefits, or the household’s signed statement attesting to the electronic benefit theft.
Electronic stolen benefits are defined as skimming, card cloning, and similar fraudulent methods. “Similar fraudulent methods” could include, but are not limited to, phishing or scamming.
For the replacement of electronic stolen, the households must:
· report the stolen benefits within 30 calendar days from the date the household discovered the loss (not within 30 days of the dates of the transactions); and
· within 10 calendar days of the report, provide a signed statement attesting to electronic benefits theft, the amount of the benefits stolen, the date, time, and location of the fraudulent transactions, and the date, time, and location that they last used their EBT card.
Strongly encourage households who report electronic stolen benefits to use BFA Form 473, Attestation and Verification of Electronic Stolen Benefits, to attest to the above.
Exception: Consider timely any replacement claim reported by November 30, 2023 for households who discovered they were victims of electronic stolen benefits before September 1, 2023 and whose fraudulent transactions occurred from October 1 2022 to August 30, 2023.
Verify electronic stolen benefits by:
· Obtaining a completed BFA Form 473 or signed attestation.
· Emailing the EBT team to verify that the reported stolen benefits meet the pattern of use for electronic stolen benefits.
Do not issue replacement benefits:
· if the household fails to report the theft within 30 days of the date the theft was discovered;
· if the household fails to provide BFA form 473 or an equivalent signed statement; or
· If verification from the EBT team has not been received.
An EBT electronic stolen benefit replacement issuance cannot exceed the actual value of the theft or the household’s last two monthly allotment amounts, whichever is less. Do not request another signed statement if the received signed statement attests to a loss greater than twice the monthly allotment. Instead, issue a replacement equal to the last two monthly allotments. A household may request replacement of electronic stolen benefits no more than twice per federal fiscal year. Monthly SNAP allotments will include Emergency Allotment (EA) or Disaster SNAP (D-SNAP) benefits, if received in those months. However, P-EBT benefits are not eligible for replacement.
Households may get up to two months of each benefit replaced (both SNAP and financial) per request.
Only electronic stolen benefits are eligible for replacement. Benefits are not replaced if a household lost their card or gave someone they know their card and PIN even if it was used without their permission. All compromised EBT cards must be cancelled and replaced immediately. Benefits will be replaced for fraudulent transactions that occurred between October 1, 2022 and September 30, 2024.
Documentation, including the date and reason of each benefit replacement request, delay, denial, or issuance must be recorded in case comments.
References: PL 117-328: Consolidated Appropriations Act, 2023