OAR 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.