10 CCR 2506-1-4.706 - REPLACEMENT ISSUANCES TO HOUSEHOLDS DUE TO MISFORTUNE

A. A household may request a replacement issuance if food purchased with program benefits was destroyed in a household misfortune, such as, but not limited to, fire or flood. Replacement issuances shall be provided in the amount of the loss to the household, not to exceed one month's allotment, unless the issuance includes restored benefits that shall be replaced up to their full value. To qualify for a replacement, the household shall report the destruction to the local office within ten (10) calendar days of the incident.

The household shall sign and return a statement or an Affidavit for Food Destroyed in Misfortune to the local office within ten (10) calendar days of the date of the report, or benefits shall not be replaced. If the tenth (10th) day falls on a weekend or holiday, and the statement or Affidavit for Food Destroyed in Misfortune is received the day after the weekend or holiday, the local office shall consider the statement or affidavit timely received.

The statement or affidavit shall:

1. Attest to the destruction of the food purchased with the household's SNAP benefits;

2. State that the household is aware of the penalties for intentional misrepresentation of the facts.

B. Upon receiving a request for replacement of SNAP benefits for food reported as destroyed in an individual household misfortune, the local office shall:

1. Verify the disaster through either a collateral contact, documentation from a community agency including, but not limited to, the fire department or the Red Cross, or a home visit;

2. Issue replacement benefits within ten (10) calendar days of the report of loss, provided a signed statement of loss or an Affidavit for Food Destroyed in Misfortune is received. If the statement of loss is received on the ninth (9th) or tenth (10th) day after the report of loss, the issuance must be replaced within two (2) business days; and,

3. Document in the case record the date and reason that a replacement has been provided.

This provision shall apply in cases of an individual household misfortune, such as a fire, as well as in natural disasters affecting more than one (1) household. No limit on the number of replacements shall be placed on food purchased with SNAP benefits that were subsequently destroyed in a household misfortune.

4.706.1 Disaster and Replacement Allotments

Where USDA/FNS has issued a disaster declaration of individual assistance, individuals in a household who are eligible for emergency SNAP benefits shall not receive both the disaster allotment and a replacement allotment.

4.706.2 Replacement of EBT Cards Lost in the Mail or Stolen Prior to Receipt by the Household

Local offices shall comply with the following procedures in replacing EBT cards reported lost in the mail or stolen from the mail prior to receipt by the household.

A. Determine if the EBT card was mailed, if sufficient time has elapsed for delivery, or if the card was returned in the mail to the local office.

B. Issue a replacement EBT card and new PIN.

C. Take other action, such as correcting the address on the master issuance file by updating the households mailing and/or home address within the automated system.

4.706.3 Request for Replacement Issuances after Receipt of EBT Card

Households cannot receive a replacement allotment of SNAP benefits that have been reported as stolen and used from the EBT card by someone without the household's knowledge and consent. An EBT card received by a household and subsequently mutilated or found to be improperly manufactured shall be replaced.

4.706.4 Authorized Number of Replacement Issuances

No limit on the number of replacements shall be placed on the replacement of benefits if the food purchased with SNAP benefits was destroyed in a household misfortune.

The local office shall deny or delay replacement issuances in cases in which available documentation indicates that the household's request for replacement appears to be fraudulent.

When a local office intends to deny or delay a replacement of SNAP benefits for any reason, the local office shall notify the household of the delay or denial through use of a Notice of Action form. The household shall be informed of its right to a county dispute resolution conference or state-level fair hearing to contest the denial or delay of a replacement issuance. Replacement shall not be made while the denial or delay is being appealed.

Replacement issuances shall be provided to households within ten (10) calendar days after report of loss (fifteen (15) days if issuance was by certified or registered mail) or within two (2) working days of receiving the signed household statement, whichever date is later.

When a request for replacement is made late in an issuance month, the replacement will be issued in the month after the month in which the original allotment was issued. All replacements shall be posted and reconciled to the month of issuance of the replacement.

Notes

10 CCR 2506-1-4.706

37 CR 15, August 10, 2014, effective 9/1/2014 37 CR 21, November 10,2014, effective 12/1/2014 38 CR 23, December 10, 2015, effective 1/1/2016 39 CR 01, January 10, 2016, effective 2/1/2016 39 CR 05, March 10, 2016, effective 4/1/2016 39 CR 07, April 10, 2016, effective 5/1/2016 39 CR 15, August 10, 2016, effective 9/1/2016 39 CR 17, September 10, 2016, effective 10/1/2016 39 CR 19, October 10, 2016, effective 11/1/2016 39 CR 23, December 10, 2016, effective 1/1/2017 40 CR 11, June 10, 2017, effective 7/1/2017 40 CR 17, September 10, 2017, effective 10/1/2017 41 CR 15, August 10, 2018, effective 9/1/2018 40 CR 23, December 10, 2017, effective 12/30/2018 42 CR 01, January 10, 2019, effective 2/1/2019 42 CR 03, February 10, 2019, effective 3/15/2019 42 CR 17, September 10, 2019, effective 10/1/2019 42 CR 18, October 10, 2019, effective 10/1/2019 42 CR 23, December 10, 2019, effective 12/30/2019 43 CR 01, January 10, 2020, effective 1/30/2020 43 CR 05, March 10, 2020, effective 2/7/2020 43 CR 07, April 10, 2020, effective 4/30/2020 43 CR 21, November 10, 2020, effective 11/30/2020 44 CR 21, November 10, 2021, effective 11/30/2021 45 CR 05, March 10, 2022, effective 3/30/2022 45 CR 19, October 10, 2022, effective 10/1/2022 45 CR 19, October 10, 2022, effective 11/1/2022 45 CR 21, November 10, 2022, effective 11/30/2022