Background:
On December 29, 2022, President Biden signed into law the
Consolidated Appropriations Act, 2023 (the Act), which includes provisions for
the replacement of stolen Supplemental Nutrition Assistance Program (SNAP)
Electronic Benefit Transfer (EBT) benefits with federal funds if benefits are
stolen due to card skimming, cloning, and similar fraudulent methods (also
referred to as electronic theft or electronically stolen benefits).
The Act outlines that States will be able to replace benefits
electronically stolen from October 1, 2022, through September 30, 2024, using
federal funds. State agencies were required to submit a plan to the United
States Department of Agriculture, Food and Nutrition Service (FNS) for the
replacement of stolen benefits for this time period. This plan must be approved
by FNS before a State can begin issuing replacements for electronically stolen
benefits. The Act also requires FNS to issue rules on the replacement process
by December 2023. Therefore, State plans are temporary measures until a federal
process is established.
Ohio’s plan was approved by FNS on May 11, 2023. Ohio’s approved
process for issuing replacements for electronically stolen benefits is outlined
below. Once FNS issues final rules for the permanent nationwide process, ODJFS
will issue rules that replace this procedure letter. Please read all
information thoroughly as this letter contains policy requirements, county
processing, system and reporting requirements as well as ongoing requirements
for stolen benefit processing.
New Policy:
1.What is
considered electronic benefit theft?
Electronic benefit
theft of SNAP benefits includes card skimming, card cloning, and other similar
fraudulent methods.
Card
skimming occurs when devices illegally installed on retailer’s card
reader machines, known as point-of-sale (POS) terminals, capture card data or
record SNAP households’ PINs.
Card
cloning occurs when criminals can use the data captured
by skimming or other means to create fake EBT cards and then use those to steal
from households’ accounts.
Other similar fraudulent methods of obtaining SNAP
benefits and EBT card data may include, but are not limited to, scamming through fraudulent phone calls or
text messaging that mimic official ODJFS or county agency messaging and phishing schemes.
Scamming is when an
individual or group is falsely convinced or swindled by someone or something to
give up their benefits and/or EBT card information over to an unauthorized
individual or group.
Phishing is a
cybercrime where attackers attempt to deceive people into revealing sensitive
information such as passwords, banking, and credit card details. Some phishing
emails also contain malicious or unwanted software that attackers can use to
track recipients’ online activities, steal their personal data, or slow their
computer.
2.What types of SNAP benefits may be eligible for
replacement due to electronic theft?
Replacement of SNAP
benefits that have been electronically stolen is limited to:
Regular SNAP issuances
(including initial prorations);
Emergency Allotments
(EAs); and
Disaster SNAP (D-SNAP)
Pandemic EBT (P-EBT)
benefits are NOT eligible to be replaced if electronically stolen.
Benefits must have been
electronically stolen from October 1, 2022, through September 30, 2024.
3.How much SNAP benefits can be
replaced due to electronic theft?
Replacement of electronically stolen benefits cannot exceed the
lesser of the amount of: the benefits stolen from the assistance group (AG), or
the amount equal to two months of the monthly allotment of the AG issued
immediately prior to the date when benefits were stolen.
For example, if an AG reports that it lost $100 on March 1, 2023
due to skimming and their last allotment was issued on February 10, 2023 for
$250 (2 months of their last monthly allotment is equal to $500) the AG would
receive $100 in replacement benefits as it is the lesser of the two. If the
same AG reports that it lost $600 on March 1, they would only receive $500 in
replacement benefits.
If a theft occurs over the course of several transactions and
several days, calculations for the amount of replacement benefits will be
determined based on the date of the first occurrence of theft.
For example, an AG receives their $200 monthly allotment on June
15, 2023, but realizes and reports on June 20 that $250 in benefits were stolen
in multiple transactions between June 17 and June 18. In this situation, the
June 15 allotment is the monthly allotment that took place immediately prior to
June 17, the first date of theft. The AG would receive the reported $250 loss
in replacement benefits, as it is less than 2 months of the June allotment,
which totals $400.
An AG may only receive two instances of replacement of
electronically stolen benefits in each Federal Fiscal Year (FFY) in Ohio.
An AG could have received a replacement in another state, but
that replacement did not occur in Ohio and would not be considered in
determining if the AG had received two replacements in Ohio during the FFY.
The two instances of replacement benefits are specific to the
exact AG composition that received the replacements. If there have been changes
in the AG composition since the previous replacements, they will not be
attributed to the new AG, even if there are some members from the original
AG. Thus, some individuals may receive
more than two replacements in a year if they are in a new AG.
4.How does an AG request
replacement of electronically stolen benefits?
The AG must complete and submit to their local county agency the
JFS 07011 “Statement Requesting Replacement of Electronically Stolen
Supplemental Nutrition Assistance Program (SNAP) Benefits”.
The JFS 07011 can be submitted to the county agency in person,
by mail, fax or email.
The form cannot be signed electronically or by telephonic
signature.
5.What is the timeframe for the
AG to submit the JFS 07011?
For
SNAP benefits electronically stolen after the effective date of this procedure
letter, an AG claiming SNAP EBT benefits were electronically stolen
must complete, sign, and submit the JFS 07011 to the county agency within 90 calendar
days of the date the benefits were electronically stolen, or within 90 days of
receiving a letter from the county agency indicating they may have been a
victim of electronic theft (as described in the ODJFS-Identified Electronically
Stolen Benefits section below), whichever is later
6.What is the timeframe for the
AG to submit the JFS 07011 for benefits electronically stolen before the
effective date of this procedure letter (i.e. retroactive claims)?
SNAP benefits that were
electronically stolen prior to the effective date of this procedure letter
are to be processed as follows:
For AGs that previously
reported being a victim of electronic theft between October 1, 2022 and the effective
date of this procedure letter and were reported to ODJFS by the county agency, ODJFS will send the AG the JFS 07011 and will inform the AG
it may submit the JFS 07011 to request replacement of the stolen benefits by
completing and returning the form within 90 calendar days of the mailing date
of the notice.
For AGs identified by
ODJFS as potentially having been a victim of electronic theft of benefits
between October 1, 2022 and the effective date of this procedure letter, ODJFS
will send the AG the JFS 07011 and will inform the AG it may submit the JFS 07011 to request replacement of the stolen benefits by completing and returning
the form within 90 calendar days from the mailing date of the notice.
All other AGs who
experienced electronic theft between October 1, 2022 and the effective date of
this procedure letter will have 90 calendar days from the effective date of
this letter (September 15, 2023) to complete and submit the JFS 07011 to the
county agency to request replacement benefits.
Benefits stolen before
October 1, 2022 or after September 30, 2024 are ineligible for replacement in
accordance with the Act.
7.What is
the timeframe for the county agency to process the JFS 07011 and determine
eligibility for replacement benefits?
Within 30 calendar days
of receipt of a JFS 07011, the county agency must review the replacement
request, including details of the alleged stolen benefits, transaction history,
etc, make an eligibility determination, send a notice of eligibility, and
replace benefits (if approved). If the 30th day falls on a weekend or holiday,
the application must be approved by the previous workday.
If the county agency
receives an incomplete JFS 07011(i.e. not all required fields are complete), a
JFS 07105 “Application/Reapplication Verification Request Checklist” is to be
sent to the AG indicating what information is missing and allow 15 calendar
days for the AG to return the requested information and/or completed JFS 07011.
The 15 calendar days must occur within the 30 calendar days to process the JFS 07011. If one of the incomplete fields is the transaction amount, date and
location, the county agency is to send the AG a copy of their EBT transaction
history with sensitive data such as PAN#, recipient#, SSN and FNS#
removed/redacted.
When the AG requests
assistance in completing the JFS 07011 or obtaining their EBT transaction
history, the county agency is to help the individual in completing the JFS 07011 to ensure the form is complete and accurate and/or provide a copy of the
EBT transaction history.
8.Is an AG required to have a new EBT card before
replacing benefits that have been electronically stolen?
Yes. Replacement
benefits cannot be approved or issued until a new EBT card has been issued
since the last alleged electronic theft transaction on the JFS 07011.
The JFS 07011 will
encourage AGs to request a replacement prior to submitting the form to the
county agency. Upon receipt of the JFS 07011, if the county agency cannot
confirm in EPPIC that the card has been replaced since the last alleged
electronic theft transaction, the county agency must immediately submit a
request to ODJFS to cancel the compromised EBT card and request a replacement
card on behalf of the individual via this link: https://forms.office.com/Pages/ResponsePage.aspx?id=DQSIkWdsW0yxEjajBLZtrQAAAAAAAAAAAAEcKEmuxtNUMVI5V0tCVkZNTksyT0E0SVZZQUNBSlNFVS4u.
Within two calendar
days, ODJFS will issue the replacement EBT card. An email will be sent back to
the county requestor notifying the county agency the card has been replaced.
This is to then be logged on the JFS 07013 “Action Taken on Your Request for
Replacement of Electronically Stolen Supplemental Nutrition Assistance Program
(SNAP) Benefits” that a replacement was issued and should also be noted on the
notice described in question 11 below. Benefits are not able to be replaced
until a replacement EBT card has been issued.
9.What are the requirements for approving a JFS 07011?
In order to approve a
claim, a county agency must confirm the following:
a.)The JFS 07011 was submitted timely and
complete as described in Question 5 and 6;
b.)The alleged electronic theft
transactions occurred between October 1, 2022 through September 30, 2024;
c.)The AG has not received two replacements
for electronically stolen benefits within the federal fiscal year;
d.)The claim that benefits were
electronically stolen is valid as described in Question 10;
e.)The AG’s EBT card has been replaced by
either the AG or ODJFS since the last alleged electronic theft transaction, and
f.)Approve only the allowable amount
permitted in Question 3.
10.How does the county agency validate the AG’s claim that
their SNAP benefits were electronically stolen?
A claim is valid if
there is evidence of two or more of the following:
a.)Transaction(s) occurred at FNS retailer
known to ODJFS as previously processing fraudulent transactions;
b.)Even dollar transaction, high dollar
transaction, multiple transactions within short period of time
High Dollar includes
transactions (such as being over $1,000.00)
c.)Online transactions where delivery
occurred at a location other than the customer’s address (customer attestation
or retailer attestation is sufficient)
d.)Depleting account balance entirely or
leaving a small amount (such as less than $5.00)
e.)Transactions outside of customer’s
normal shopping habits over the previous twelve (12) months
f.)Other evidence supports the signed
statement from the AG that they had no knowledge of the transaction and did not
authorize another to make the transaction .
11.When is the JFS 07011 or one or more of the transactions
in the claim to be denied?
An AG’s JFS 07011 or
one or more of the transactions is to be denied for one or more of the
following reasons:
a.)The AG fails to submit the replacement
request form timely as described in questions 5 and 6.);
b.)The replacement request form was
submitted timely but not completed after the county agency requested it to be
completed and returned within 15 calendar days;
c.)The alleged loss/theft transaction
occurred prior to October 1, 2022 or after September 30, 2024;
d.)The AG has already had stolen benefits
replaced twice during the federal fiscal year;
e.)Two
or more validation claim criteria have not been met;
f.)The
AG reported a lost or stolen EBT card associated with the unauthorized
transactions was not caused by electronic theft; or
g.)The
AG gave card and PIN to another person and benefits were subsequently stolen/misused.
h.)When the requested replacement amount
exceeds the lesser of the amount of benefits stolen from the AG or the amount
equal to two months of the monthly allotment of the AG immediately prior to the
date when benefits were stolen. The county agency would provide an approval for
the portion of the transaction(s) that is up to the allowable amount and deny
any remaining transaction(s) for this reason as described in Question 12 below.
12.How is the
AG notified of the eligibility determination of its JFS 07011?
Within 30 calendar days of receiving the JFS 07011, the county
agency is to issue the JFS 07013 notifying the AG of the determination for the
request for replacement benefits that were stolen electronically.
There may be some transactions that are approved and some
transactions that are denied if only some transactions met the criteria for
approval. Additionally, some requests for replacements may be more than the
allowable amount and only a certain amount can be approved. Therefore, it is
possible (and allowable) for an approval and denial for stolen benefits to be
documented on the same JFS 07013 for a replacement request. The notice should
list the allowable amount under “Approved” while the remaining unapproved amount
would be “Denied”.
The denial reason(s) must be listed on the JFS 07013.
13.What if an
AG disagrees with a denial or the amount that was replaced?
An AG has a right to a state hearing to contest the denial or
the amount of the replacement issuance.
The AG must request a state hearing with 90 calendar days of the JFS 07013
date.
Replacements shall not be made while the denial or delay is
being appealed.
Ohio Benefits (OB) and the Enterprise Document Management
System (EDMS):
Processing Replacements in OB:
To issue replacement benefits, complete the following in OB:
1.Add a case
flag utilizing the existing OB system process.
Add “Electronically Stolen Benefit Replacement” as the case flag
title with a flag type of “State Study.”
Use the associated case flag notes section and enter the
following information about the approved benefits: “<List all members of the
AG> have received a replacement in the amount of <insert replacement
amount> due to SNAP benefits being electronically stolen by skimming,
cloning, or other fraudulent activities. This is this assistance group’s <1st
or 2nd> replacement. This replacement procedure is in accordance with FACT 95.”
2.Utilize the existing OB system process
for replacing benefits for AG misfortune
In the “Requestor Explanation” field for the manual EDBC, enter
the following information: “Approved SNAP benefits application dated <enter
date the JFS 07011 received> in the amount of <total dollar amount of
approved benefits> This replacement procedure is in accordance with FACT 95.”
The Approver confirms to correct flag has been added to the
case. In the “Approver Response” field for approving the manual EDBC, enter the
following information: “SNAP Benefits approval for electronically stolen
benefits”.
3.Enter journal notes with details of
replacement requests approved or denied.
To ensure the AG does not receive more than two replacements in
a federal fiscal year, review AG transaction history, trend data, AG online and
IVR account history, OB for previously issued replacement benefits, and the
attestation of the AG.
EDMS:
Submitted JFS 07011 as well as the accompanying JFS 07013 with
the determination of the approval and/or denial is to be scanned and stored
into EDMS.
ODJFS-Identified Electronically Stolen Benefits:
As an ongoing benefit theft prevention measure, ODJFS is working
closely with the United States Department of Agriculture, Office of Inspector
General (USDA OIG), and the Ohio Investigative Unit (OIU) to identify
fraudulent activities at retailers that accept SNAP EBT. An ongoing list of
suspicious retailers can be found on the Q drive here: Q:\Public\BPI\Fraud
Control Section\SNAP Replacement\Suspicious Retailer List
ODJFS, Office of Fiscal and Monitoring Services, Bureau of
Program Integrity (BPI) tracks and identifies retailer transactions which
appear to be mass efforts of skimming, cloning or other fraudulent activity
targeting SNAP benefits.
Transaction history is then broken down into individually
impacted AGs. This information will be disseminated to the county agencies as
follow:
1.Beginning the
effective date of this letter, every Friday BPI will send a report to each
county agency’s identified Fraud Control Contact of AGs possibly impacted by
electronically stolen SNAP benefits. If
there are no transactions for a particular week, a report will not be sent. If
you would like this information to be emailed to more than just the county
Fraud Control Contact, please reach out to your Fraud Control Specialist at
ODJFS.
2.Within 10 days of receipt of the
spreadsheet from BPI, the county agency is to review the list of cases and
contact the AG by mailing the AG the letter provided by BPI with the JFS 07011
and provide a return envelope. The letter provided by BPI is to be saved to
your computer and locally printed. This form is not able to be centrally
printed.
An AG may have already contacted you regarding electronically
stolen benefits and/or submitted a JFS 07011. Therefore, it is important to
cross-check the list provided by BPI with any information you may have already
received from the AG.
3.If the AG
chooses to request a replacement of electronically stolen benefits, they must
submit the JFS 07011 within 90 calendar days of the mail date of the letter.
4.The JFS 07011
is to be processed as outlined above once/if received from the AG.
As a reminder, please continue to report to BPI if your county
agency is made aware of possible skimming, cloning or other fraudulent
activities at retailers.
Reporting Requirements:
ODJFS is required to report to the United States Department of
Agriculture, Food and Nutrition certain information about electronic theft
claims and transactions. Therefore, county agencies will have to record certain
data for each replacement request received by completing a Microsoft Form (MS
form) beginning with the effective date of this FACT. BPI will provide the MS
Form that is to be used by the county agency to report specific information
about the claims, but will include the below information:
For reporting purposes, a claim is a JFS 07011 that is received
by the county agency. The JFS 07011 will have one or more transactions listed
as being due to electronic theft.
1.otal number of
stolen benefits claims;
2.Total number
of approved stolen benefits claims (if any transaction is
approved on a JFS 07011, then the county agency would report the JFS 0711 as
approved);
3.Total number
of denied stolen benefits claims due to:
-invalid claims,
-claims from households that met the two-replacement limit per
FFY, and
-untimely submitted claims;
4.Total number
of households that submitted stolen benefits claims:
-total number of households that submitted approved claims, and
-total number of households that submitted denied claims;
5.Total number
of fraudulent transactions, total number of fraudulent transactions from
approved claims, and total number of fraudulent transactions from denied
claims;
6.Total value
of benefits determined to have been stolen; and,
7.Total value
of replaced stolen benefits.
The MS Form is to be completed within the month for each
determination made for that month.
Forms
The following forms were created to processing requests for
electronically stolen benefits. These forms are not generated out of OB and are
located on Forms Central:
JFS 07011“Statement Requesting Replacement of Electronically Stolen Supplemental
Nutrition Assistance Program (SNAP) Benefits”.
JFS
07013 “Action Taken on Your Request for Replacement of Electronically Stolen
Supplemental Nutrition Assistance Program (SNAP) Benefits”
Questions?
For policy questions, please contact Program Policy &
Systems at OFA-PPS@jfs.ohio.gov.
For questions about ongoing monitoring of electronically stolen
benefits, or reporting, please contact BPI at BPI_FCS@jfs.ohio.gov.
For OB processing or EDMS questions, please contact the Help
Desk at OB-IMS_HELPDESK@jfs.ohio.gov.
For questions about card replacement, please contact the EBT
area at EBT-EPC@jfs.ohio.gov.