SNAP Rule #235 - Procedures for Replacing Benefits Stolen Electronically

Date posted:

Attachment(s):

SUPPLEMENTAL NUTRITION ASSISTANCE Program (SNAP) RULES

10-144 C.M.R. Ch. 301

Section 777-4

Rule #235A – Procedures for Replacing Benefits Stolen Electronically

The Continuing Appropriations and Extensions Act, 2025, Public Law 118-83, Division B, Title I § 105, EBT Benefit Fraud Prevention Requirements will expire December 20, 2024. The Department adopts Section 777-4 of the Supplemental Nutrition Assistance Program (SNAP) Rules consistent with the end of the federal authorization for replacement of EBT benefits stolen through card skimming, card cloning, or similar fraudulent methods. The adopted rule limits the replacement of electronically stolen SNAP benefits to periods that such replacement is federally authorized. In addition, clarity was added that the policy applies to instances where electronic theft of information leads to the theft of benefits, not the other way around.

The adopted rule updated Section 777-4, Administration Procedures Replacement of Benefits as follows:

  • (1)(A) “Beginning December 20, 2024, the Department will only replace benefits pursuant to the process in Section 777-4(3)(B)-(F), as described below, if the replacement of benefits is federally authorized. If replacement of benefits lacks federal authorization, the Department will also suspend replacement of state funded benefits for the same period. If replacement of benefits is suspended due to a lack of federal authorization, the Department shall promptly notify a claimant of the suspension upon receiving an Electronically Stolen Benefits Application (EBSA) and deny that request.
  • (3) “Benefits used unlawfully for non-household members can only be replaced when the benefits were accessed as a result of card skimming, card cloning, phishing or other electronic acquisition of the EBT card number and PIN.”

The adopted rule changes are consistent with the expiration of the Continuing Appropriations and Extensions Act, 2025, P.L. 118-83, Division B, Title I § 105.

This rule will not have an adverse impact on municipalities or small businesses.

Statutory Authority: 22 M.R.S. §§ 42(1) and (8)(C); and 3104

Effective Date: December 17, 2024

 

Office: Office for Family Independence

Comment deadline:

Effective date:

Send a comment