Current through all regulations passed and filed through December 16, 2024
County agencies are to provide replacement benefit issuances to
an assistance group (AG) in accordance with paragraphs (A) to (G) of this rule
when the AG reports that food purchased with supplemental
nutrition assistance program (SNAP) benefits was destroyed in an
AG misfortune.
When the AG reports that their SNAP
electronic benefit transfer (EBT) card was lost, stolen or damaged, the county
agency is to provide a replacement card to the AG in accordance with paragraphs
(H) to (K) of this rule.
Electronically stolen benefits are to
be replaced in accordance with the food assistance change transmittal found in
the food assistance certification handbook on the Ohio department of job and
family services website.
(A) How
is a replacement benefit requested?
(1) Prior to issuing a replacement, the
county agency is to obtain a signed JFS 07222, "Statement Requesting
Replacement of Supplemental Nutrition Assistance Program (SNAP) Benefits," from
a member of the AG or authorized representative attesting to the
AG's loss.
(2) The JFS 07222 may be mailed to the county
agency if the AG member is unable to come into the office because of
age, handicap or distance from the office and is unable to appoint an
authorized representative.
(B) What are the time limit requirements for
requesting and issuing replacement benefits?
(1) Replacement issuances
are to
be provided only when an AG timely reports a loss orally or
in writing. The report will be considered timely if it is made to the county
agency within ten days of the date food purchased with SNAP benefits was
destroyed in an AG misfortune.
(2) Prior to issuing a replacement a JFS
07222 is
to be received. The JFS 07222 is to be received
within ten days of the date the misfortune was reported.
(3) Replacement issuances
are to
be provided to an AG within ten days after a loss is reported or within
two working days of receiving the signed JFS 07222, whichever date is
later.
(4) When the signed JFS
07222 is not received by the county agency within ten days of the date of
reporting the misfortune, no replacement is to be made.
When the tenth day falls on a weekend or holiday, and the JFS 07222 is received
the day after the weekend or holiday, the county agency
is to
consider the JFS 07222 received timely. When the JFS 07222 is received more
than ten days after the date of the report, a JFS 07235, "Action Taken on Your
Request for Replacement of Food Assistance Benefits," or its computer-generated
equivalent in accordance with Chapter 5101:6-2 of the Administrative Code
denying the replacement is to be issued within two working days.
(5) The county agency
is to
deny or delay replacement issuances in cases in which available documentation
indicates that the AG's request for replacement appears to be
fraudulent.
(C) What are
the replacement benefit restrictions?
(1) There is no limit on the number of
replacements of food purchased with SNAP benefits that was destroyed in an
AG misfortune.
(2) When a federal disaster declaration has
been issued and the AG is eligible for disaster SNAP benefits under the
provisions of 7 C.F.R.
280.1 (12/2005), the
AG
is not to receive both
the disaster allotment and a replacement allotment for the
misfortune.
(3) Replacement
issuances are
to be provided in the amount of the loss to the
AG, up to a maximum of one month's
allotment.
(D) How is
AG misfortune verified?
Upon receiving a request for replacement the county agency
is to
determine:
(1) If the issuance was
validly issued; and
(2) That the
destruction occurred in an AG misfortune or disaster, such as,
but not limited to, a power outage of four hours or more, a fire or flood. This
is to be
verified through a collateral contact that may include but is not limited to:
documentation from the fire department, red cross, a utility company or a home
visit.
(E) Is there a
requirement to track benefit replacements?
(1) The county agency
is to
document in the case
file of the AG each request for replacement, the
date, the reason, and whether or not the replacement was provided. This
information may be recorded exclusively on the JFS 07222
as
mandated in paragraph (A) of this rule.
(2) The county agency
is to
maintain, in readily-identifiable form, a record of the replacements granted to
the AG, the reason, and the month. The record may be a
case action sheet maintained in the case file, notations on the master issuance
file, when readily accessible, or a document maintained solely for this
purpose.
(F) Are there
hearing rights on benefit replacements?
The AG
is to be informed of its right to a fair hearing to
contest a denial or delay of a replacement issuance in accordance with Chapter
5101:6-2 of the Administrative Code. Replacements are not
to be made while the denial or delay is being
appealed.
(G) What is the
process for intercounty benefit replacements?
When an AG that has recently moved from one
county to another requests a replacement of benefits of food destroyed in a
misfortune, both county agencies are to cooperate in determining whether replacement is
appropriate. When it is determined a replacement issuance is appropriate, the
county of current residence is to issue the replacement.
(H) What happens when an AG requests a fourth EBT replacement card
within a rolling twelve-month period due to the EBT card being lost, stolen,
damaged or for any other reason?
(1)
When an AG
requests a fourth EBT replacement card within a rolling twelvemonth period, the
AG is to be notified in writing by an automated system generated notice
indicating that at the next request for a card replacement, the AG is to
contact the county agency to provide an explanation for the requests before the
next replacement card will be issued.
(2)
When a
trafficking violation is suspected prior to the fourth card request, the county
agency is to refer the individual to the fraud unit for
investigation.
(I)
What happens when an AG requests a fifth or more EBT
replacement card within a rolling twelve-month period?
When an AG requests a fifth or more EBT
replacement card within a rolling twelvemonth period, a replacement card is not
to be issued until the AG contacts the county agency to provide an explanation
for the request. The written automated system generated notice is to include
the following:
(1)
Specify the number of card request and over what period
of time it covers;
(2)
Explain that the request exceeds the threshold and
contact is to be made with the county agency before another card is
issued;
(3)
Provide all applicable information on how the
individual is to comply by providing contact information such as whom to
contact, a telephone number and address; and
(4)
Include a
statement that explains what is considered a misuse or fraudulent use of
benefits and the possibility of referral to the fraud investigation unit for
suspicious activity.
(J)
What is the
process when an AG makes contact with the county agency after receiving the
written notice, when five or more EBT cards have been requested?
(1)
When an AG makes
contact with the county agency to provide an explanation for the card request,
the county agency is to make the replacement EBT card available within two
business days following the contact from the AG, regardless of whether or not
an explanation was provided.
(2)
When the AG
contacts the county agency but refuses to provide an explanation for the card
request or the explanation provided appears to be a trafficking violation as
described in rule
5101:4-8-17 of the
Administrative Code, the AG is to be referred to the fraud unit for
investigation. The replacement EBT card is to be issued so that the AG has
access to benefits while the investigation is being conducted.
(3)
When the
explanation is deemed appropriate, the county agency is to educate the AG on
proper use of the card and the AG does not need to contact the county agency
for additional EBT card requests, unless the pattern of card activity has
changed since the initial contact and indicates possible trafficking activity.
An appropriate explanation would be when the AG states they are homeless,
disabled, a victim of crime, are in a domestic violence situation, or other
vulnerable persons in situations who may lose their EBT card but are not
committing fraud.
(K)
What happens when
an AG does not contact the county agency to provide an explanation?
When five or more EBT cards have been
requested and an individual does not contact the county agency in response to
the written notice, the replacement card is not to be issued and the case is to
be referred to the county agency's fraud unit for investigation.
(L)
What
is the process when there is presidential disaster declaration?
When there is a presidential disaster
declaration, the Ohio disaster SNAP plan developed in accordance with
7 C.F.R.
280.1 (12/2005) is utilized.
