Section 121.94  Replacement of the EBT Card or Food Stamp Benefits

a)         Replacement of the EBT Card

1)         The EBT card (benefit access device) will be replaced if lost, stolen or damaged.

2)         The loss, theft or damage of the EBT card must be immediately reported to the EBT contractor.

3)         The client shall contact the Client Help Desk toll-free at (800)678-5465, by TTY at (877)765-3459 or via the internet at http://www.Link.Illinois.gov for replacement of the EBT card and selection of a Personal Identification Number (PIN).  A replacement card my be issued by the local office with administrative approval.

4)         Administrative remedies, as described in subsection (d) of this Section, may be imposed following the loss, theft or damage of the EBT card or the loss of food stamp benefits.

b)         For households receiving food stamp benefits via the EBT system, lost benefits resulting from the loss or theft of the EBT card and PIN will not be replaced due to the client's mismanagement or presumed fraud, collusion or cooperation in fraud.

c)         For households receiving food stamp benefits via food stamp coupons not through the EBT system, the following rules will apply:

1)         When a household reports the non-receipt of coupons issued through the mail, the Department shall authorize a replacement issuance only if the coupons were validly issued, the household has not been issued more than one replacement in the previous five months and if sufficient time, up to five post office working days, has elapsed for delivery.  The replacement coupons will be sent to the local office address and thereafter, for the next two months following the replacement, each month's regular issuance of coupons will be sent to the local office address.

2)         Replacement coupons shall not be issued when a participant claims that the envelope received in the mail contained less than the authorized allotment unless the coupon loss was due to damage in the mail before delivery or the Direct Mail Issuance Center inventory is incorrect.  Additionally, replacement coupons shall not be issued for coupons that are received but subsequently are lost or misplaced.

3)         If a household requests replacement of food stamp coupons which were received by the household but which were improperly manufactured or were subsequently damaged or mutilated, the Section 121.94(c)(3) continued Department shall replace  the  coupons in an amount equal to the value of the improperly manufactured or mutilated coupons.  A coupon cannot be replaced if less than three-fifths of the coupon is presented by the household.

4)         If a household requests replacement of food stamp coupons which were received but subsequently destroyed in a household disaster and the request is made within ten days after the disaster, the Department shall replace the coupons in an amount not to exceed one month's worth of coupons within ten days after the date destruction was reported to the local office.  The disaster must be verified. Replacement of destroyed coupons is limited to twice in a six-month period.

5)         Replacement food stamp coupons shall not be issued for coupons that are lost, misplaced or stolen.

d)         Administrative Remedies

            The Department may employ any of the administrative remedies listed in this subsection (d) to deter multiple claims of benefit loss or multiple EBT card replacements, subject to notice to and appeal by the client.  Which remedy would be applied will be determined by such elements as the type of situation that gives rise to the need for the remedy and the effectiveness of previously utilized remedies.

1)         Charge for Replacement Card or Cards – The Department may assess a fee for replacement of the EBT card.  Such fees may increase for subsequent replacement cards.

2)         Telephone Approval – The Department may require the client to obtain time and amount-limited telephonic approval for use of the EBT card.  The client would be required to place a call to the EBT contractor and positively identify himself or herself.  The preauthorization would be time-limited and for a specific, preauthorized amount.  The client would be able to use the card for a period of two hours or for some other period designated by the Department.  The amount of the transaction could not exceed the preauthorized amount and must be accomplished electronically (manual authorization or voucher processing).  Key-entered transactions or exception processing may not be used.

3)         Transaction Withdrawals – To assist a client in managing his or her funds or to reduce the potential for fraud, the Department may limit the amount of benefits that may be withdrawn or used per transaction per day.  The amount would not exceed $50.00 and may be lowered, as determined by the Department to be necessary under the individual circumstances.

4)         Use of Specific POS Terminals – The Department may notify a client that it has restricted benefit access points available to the client.  The client may be restricted to accessing benefits at one or two locations, designated by the Department.  The merchant or retailer would have to obtain telephone authorization of the transaction.  Use of exception processing or key-entered transactions would not be allowed.  This determination can only be imposed for a period not to exceed 24 months and is designed to address situations of mismanagement, fraud, multiple replacement requests and intentional program violations.

5)         Use of Protective or Alternate Payee – Repeated loss of the EBT card and PIN is a basis for a determination of client mismanagement and authorization of a Protective Payment Plan (PPP).

e)         Other Remedies

            The Department may use other remedies to reduce future claims and to address fraud, abuse, collusion or intentional program violations, as warranted by the individual case circumstances.  Those remedies may include, but shall not be limited to:

1)         disqualification;

2)         penalties, fines and/or imprisonment consistent with federal and State law and regulations; and

3)         referrals to federal law enforcement authorities, when appropriate.

(Source:  Amended at 32 Ill. Reg. 9621, effective June 23, 2008)