10 Colo. Code Regs. § 2506-1-4.706
Current through Register Vol. 47, No. 22, November 25, 2024
Section 10 CCR 2506-1-4.706 - REPLACEMENT ISSUANCES TO HOUSEHOLDS DUE TO MISFORTUNEA. A household may request a replacement issuance if food purchased with program benefits was destroyed in a household misfortune, such as, but not limited to, fire or flood. Replacement issuances shall be provided in the amount of the loss to the household, not to exceed one month's allotment, unless the issuance includes restored benefits that shall be replaced up to their full value. To qualify for a replacement, the household shall report the destruction to the local office within ten (10) calendar days of the incident. The household shall sign and return a statement or an Affidavit for Food Destroyed in Misfortune to the local office within ten (10) calendar days of the date of the report, or benefits shall not be replaced. If the tenth (10th) day falls on a weekend or holiday, and the statement or Affidavit for Food Destroyed in Misfortune is received the day after the weekend or holiday, the local office shall consider the statement or affidavit timely received.
The statement or affidavit shall:
1. Attest to the destruction of the food purchased with the household's SNAP benefits;2. State that the household is aware of the penalties for intentional misrepresentation of the facts.B. Upon receiving a request for replacement of SNAP benefits for food reported as destroyed in an individual household misfortune, the local office shall: 1. Verify the disaster through either a collateral contact, documentation from a community agency including, but not limited to, the fire department or the Red Cross, or a home visit;2. Issue replacement benefits within ten (10) calendar days of the report of loss, provided a signed statement of loss or an Affidavit for Food Destroyed in Misfortune is received. If the statement of loss is received on the ninth (9th) or tenth (10th) day after the report of loss, the issuance must be replaced within two (2) business days; and,3. Document in the case record the date and reason that a replacement has been provided. This provision shall apply in cases of an individual household misfortune, such as a fire, as well as in natural disasters affecting more than one (1) household. No limit on the number of replacements shall be placed on food purchased with SNAP benefits that were subsequently destroyed in a household misfortune.
4.706.1Disaster and Replacement AllotmentsWhere USDA/FNS has issued a disaster declaration of individual assistance, individuals in a household who are eligible for emergency SNAP benefits shall not receive both the disaster allotment and a replacement allotment.
4.706.2Replacement of EBT Cards Lost in the Mail or Stolen Prior to Receipt by the HouseholdLocal offices shall comply with the following procedures in replacing EBT cards reported lost in the mail or stolen from the mail prior to receipt by the household.
A. Determine if the EBT card was mailed, if sufficient time has elapsed for delivery, or if the card was returned in the mail to the local office.B. Issue a replacement EBT card and new PIN.C. Take other action, such as correcting the address on the master issuance file by updating the households mailing and/or home address within the automated system.4.706.3Request for Replacement Issuances after Receipt of EBT CardHouseholds cannot receive a replacement allotment of SNAP benefits that have been reported as stolen and used from the EBT card by someone without the household's knowledge and consent. An EBT card received by a household and subsequently mutilated or found to be improperly manufactured shall be replaced.
4.706.4Authorized Number of Replacement IssuancesNo limit on the number of replacements shall be placed on the replacement of benefits if the food purchased with SNAP benefits was destroyed in a household misfortune.
The local office shall deny or delay replacement issuances in cases in which available documentation indicates that the household's request for replacement appears to be fraudulent.
When a local office intends to deny or delay a replacement of SNAP benefits for any reason, the local office shall notify the household of the delay or denial through use of a Notice of Action form. The household shall be informed of its right to a county dispute resolution conference or state-level fair hearing to contest the denial or delay of a replacement issuance. Replacement shall not be made while the denial or delay is being appealed.
Replacement issuances shall be provided to households within ten (10) calendar days after report of loss (fifteen (15) days if issuance was by certified or registered mail) or within two (2) working days of receiving the signed household statement, whichever date is later.
When a request for replacement is made late in an issuance month, the replacement will be issued in the month after the month in which the original allotment was issued. All replacements shall be posted and reconciled to the month of issuance of the replacement.
37 CR 15, August 10, 2014, effective 9/1/201437 CR 21, November 10,2014, effective 12/1/201438 CR 23, December 10, 2015, effective 1/1/201639 CR 01, January 10, 2016, effective 2/1/201639 CR 05, March 10, 2016, effective 4/1/201639 CR 07, April 10, 2016, effective 5/1/201639 CR 15, August 10, 2016, effective 9/1/201639 CR 17, September 10, 2016, effective 10/1/201639 CR 19, October 10, 2016, effective 11/1/201639 CR 23, December 10, 2016, effective 1/1/201740 CR 11, June 10, 2017, effective 7/1/201740 CR 17, September 10, 2017, effective 10/1/201741 CR 15, August 10, 2018, effective 9/1/201840 CR 23, December 10, 2017, effective 12/30/201842 CR 01, January 10, 2019, effective 2/1/201942 CR 03, February 10, 2019, effective 3/15/201942 CR 17, September 10, 2019, effective 10/1/201942 CR 18, October 10, 2019, effective 10/1/201942 CR 23, December 10, 2019, effective 12/30/201943 CR 01, January 10, 2020, effective 1/30/202043 CR 05, March 10, 2020, effective 2/7/202043 CR 07, April 10, 2020, effective 4/30/202043 CR 21, November 10, 2020, effective 11/30/202044 CR 21, November 10, 2021, effective 11/30/202145 CR 05, March 10, 2022, effective 3/30/202245 CR 19, October 10, 2022, effective 10/1/202245 CR 19, October 10, 2022, effective 11/1/202245 CR 21, November 10, 2022, effective 11/30/2022