Or. Admin. Code § 461-196-0140 - Replacement of Benefits; SEBT
(1) The
Department (see OAR
461-196-0020) will only replace
Summer EBT (SEBT) benefits if the provisions in section (2) or (3) of this rule
apply.
(2) In the event of a
filing group (see OAR
461-196-0020) misfortune or
disaster, the Department will replace the value of food
purchased with SEBT benefits when subsections (2)(a) through (2)(d) are true.
The replacement of SEBT benefits are limited and issued under subsection
(2)(e).
(a) The food was destroyed by a
filing group misfortune or disaster.
(b) The filing group
misfortune or disaster is verified.
(c) The filing group must
report the loss within 10 calendar days of the occurrence, either orally or in
writing. If the 10th day falls on a weekend or holiday and the statement is
received the first workday after the weekend or holiday, the
Department will consider the statement received on
time.
(d) The filing
group submits both of the following:
(A) The estimated cost of the lost
food.
(B) A signed statement or
affidavit attesting to the loss.
(e) The replacement of destroyed food is
governed as follows:
(A) The amount of SEBT
benefits replaced is only for the value of the food purchased with SEBT
benefits lost due to the misfortune and may not exceed the SEBT benefit amount
per child for the summer operational period (see OAR
461-196-0020 and
461-196-0060).
(B) The Department will
issue a timely replacement of the value of loss by the later date of these two
timeframes:
(i) Within 10 calendar days after
the filing group reported the loss; or
(ii) Within two working days of receiving a
signed statement or affidavit, the estimated cost of lost food and verification
of the filing group's misfortune or disaster.
(3) The
Department shall replace stolen or
compromised SEBT program benefits only if the loss is caused
by one of the reasons listed in paragraphs (3)(a)(A) or (3)(a)(B) of this rule.
For the purposes of this section, compromised means the EBT
card or the EBT card number has been used by an unauthorized individual to
withdraw or spend the SEBT benefits of the filing group.
(a) The loss of SEBT benefits must be caused
by one of the following:
(A) The
Department issued the EBT card to an unauthorized individual
who was not in the filing group.
(B) The Department failed to
cancel the EBT card after the filing group reported to the
Department that it had been lost, stolen, or
compromised.
(b) The replacement of lost SEBT benefits is
governed as follows:
(A) When the loss is
caused under paragraph 3(a)(A) of this rule, the Department
shall replace all compromised SEBT
benefits.
(B) When
the loss is caused under paragraph (3)(a)(B) of this rule, the
Department will only replace the additional
compromised SEBT benefits after the filing
group reported to the Department the EBT card had
been lost, stolen, or compromised.
(C) The Department will
issue a timely replacement of the value of the loss only after the
filing group reported the loss.
(4) The
Department will replace an EBT card reported lost, stolen, or
not received only after the current card has been deactivated. An EBT card that
is damaged or not functioning properly is replaced only after the card's status
is changed to "card damaged" and the card is destroyed.
(5) The Department will not
replace SEBT benefits that were stolen due to electronic benefit theft.
Electronic benefit theft includes the following defined terms:
(a) "Card skimming" is defined as EBT card
information stolen utilizing a store's card-swiping machine.
(b) "Card cloning" is defined as the use of
information obtained by "card skimming" to create a fake EBT card for
fraudulent use.
(c) "Another
similar fraudulent method" is defined as EBT card information compromised
through electronic means. This may include but is not limited to scams sent by
text, e-mail, or telephone. It does not include the theft or unauthorized use
of an individual's physical EBT card.
Notes
Statutory/Other Authority: 411.060
Statutes/Other Implemented: 411.060
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