Section He-W 671.03 - Adjustment to an Electronic Benefit Transfer (EBT) Account(a) An EBT transaction error shall be deemed to have occurred when a cash assistance recipient uses an EBT card at an authorized point-of-sale or ATM machine, and due to a systems error or malfunction: (1) The authorized retailer is not credited with some or all of the transfer of funds; or(2) The cash assistance recipient does not receive some or all of the benefits requested although the recipient's EBT account is debited.(b) The department shall adjust a cash assistance EBT account within 45 business days of being notified of an EBT transaction error described in (a) above.(c) Within 5 business days of making the adjustment described in (b) above, the department shall notify the recipient of the following: (1) The total amount of the adjustment required to reconcile the account;(2) The date the transaction occurred at the point-of-sale or ATM machine;(3) The name of the merchant and location where the transaction occurred;(4) That the recipient has 90 days to request an administrative appeal; and(5) That if the recipient requests an administrative appeal within 10 calendar days from the date of notification from the department: a. The amount of the adjustment will be credited to the recipient's EBT account pending the outcome of the administrative appeal, if the individual requests; andb. The amount of the adjustment credited to the recipient's EBT cash account is subject to recoupment, in accordance with He-W 692, if the administrative appeal does not find in favor of the recipient. (d) For EBT transaction errors described in (a) (1) above, the department shall additionally notify the recipient of the following: (1) That the amount described in (c) (1) above has been placed on hold status and is unavailable for the recipient's use as of the date of the notification; and(2) If the EBT account has insufficient funds to cover the total adjustment described in (c) (1) above, the department will place a hold against the following month's cash assistance benefits for the remaining amount of the adjustment.(e) If the recipient does not request an administrative appeal within 10 calendar days from the date of notification from the department, the amount of the adjustment in (d) (1) above shall be removed from hold status and credited to the merchant, pursuant to (d) (2) above.(f) If the recipient requests an administrative appeal after 10 calendar days but within 90 calendar days from notification of the adjustment from the department, the department shall make a provisional credit to the recipient equal to the amount described in (c) (1) above, if:(1) The individual requests a provisional credit due to hardship pursuant to (g) below; or(2) The administrative appeal finds in favor of the recipient, but:a. The merchant refuses to credit the recipient's EBT account for the adjustment error; orb. The merchant is no longer an EBT provider.(g) Hardship shall be deemed to exist when 80% of the benefit was not received by the recipient and the recipient provides a written statement indicating that the individual or household is experiencing or threatened by at least one of the following: (1) Homelessness or eviction;(2) Termination of a utility or dependent care; or(3) Lack of medicine, food, heat, hot water, or cooking fuel.(h) Provisional credits to the recipient in accordance with (f) (1) above shall be subject to recoupment, in accordance with He-W 692, if the administrative appeal does not find in favor of the recipient.(i) The amount withheld from the current and following month's EBT accounts in accordance with (d) (2) above, shall constitute the total adjustment amount, even if the actual amount needed to reconcile the EBT transaction error exceeds this amount.N.H. Admin. Code § He-W 671.03
#7977, eff 11-1-03; ss by #9987, eff 11-1-11
Amended by Volume XL Number 46, Filed November 12, 2020, Proposed by #13122, Effective 10/21/2020, Expires 10/15/2030Amended by Volume XLI Number 19, Filed May 13, 2021, Proposed by #13190, Effective 4/20/2021, Expires 4/20/2031.