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