218 R.I. Code R. 218-RICR-20-00-2.19

Current through December 3, 2024

Section 218-RICR-20-00-2.19 - Electronic Benefit Transfer (EBT)

2.19.1Electronic Benefit Transfer (EBT) Cards

A. Eligible RI Works Program families access their EBT cash benefits by using a RI EBT card along with a personal identification number (PIN). Recipients who receive both cash benefits and Supplemental Nutrition Assistance (SNAP) benefits receive one (1) RI EBT card to access both benefits. However, the benefits are maintained in separate EBT accounts.

B. EBT Card Issuance

1. An EBT card is issued to the applicant in the RI Works/SNAP case. In two (2) parent families, a card is issued to one (1) parent and another card may be issued to the other parent as an authorized payee.

2. RI EBT cards are issued in all RI Works district offices and Supplemental Nutrition Assistance Program offices using special card embossing and PIN selection machines.

C. Personal Identification Number (PIN)

1. In order to use an RI EBT card, the cardholder must also use a secret four (4) digit number known as a personal identification number or PIN. The cardholder selects a PIN in the local office via special PIN encoding machines. For replacement RI EBT cards, the recipient may use the same PIN or select a new number.

2. Authorized payees must have their own RI EBT card and their own PIN. (See §2.19.6 of this Part, EBT Cards for Authorized Payees.)

3. When using an RI EBT card, the cardholder is allowed four (4) attempts to enter the correct PIN. On the fifth (5th) try, the cardholder is locked out of the EBT system until the next day. However, the card is not confiscated by the ATM. Cardholders must call the Customer Service Help Line at 1-888-979-9939 for assistance.

D. Payment of EBT Cash Assistance

1. Payment of RI Works Program cash benefits through an electronic benefit transfer (EBT) system is authorized by R.I. Gen. Laws § 40-5.2-31. Cash benefits are credited to an EBT account in the recipient's name by 5:00 a.m. on the first (1st) and sixteenth (16th) of the month including weekends and holidays.

E. Accessing EBT Cash Benefits

1. Recipients and authorized payees' access EBT cash benefits by using a plastic Rhode Island EBT card and their personal identification number (PIN). The RI EBT system provides access to cash benefits at bank, credit union, and retail store automated teller machines (ATMs) which display the NYCE logo.

2. Some retail establishments also provide access to cash accounts at point-of-sale (POS) terminals which display the QUEST logo. This service is called a cash back transaction and policies on its availability and limits on the amount of cash dispensed are set by the individual store. No fee is charged when cash benefits are accessed at POS terminals.

3. Each month, recipients can make a total of two (2) free cash withdrawals from ATMs. For each additional ATM cash withdrawal in the month, a fee of forty-five (45) cents is charged. The fee is automatically deducted from the recipient's cash benefit account.

4. Disputes regarding recipients' EBT cash account balances are handled by the EBT Customer Service Help Line at 1-888-979-9939.

2.19.2Restrictions on Use of EBT Cash Benefits

A. Pursuant to 45 C.F.R. § 264, it is prohibited for a TANF recipient to use their TANF cash assistance benefits received under RI Works, R.I. Gen. Laws Chapter 40-5.2, in any electronic benefit transfer transaction (EBT) in:

1. Any liquor store; or

2. Any casino, gambling casino, or gaming establishment; or

3. Any retail establishment which provides adult-oriented entertainment in which performers disrobe or perform in an unclothed state for entertainment.

B. The Department is working with the EBT contractor to block the use of the EBT card in these restricted establishments.

C. Definitions - (For purposes of above.)

1. "Liquor store" means any retail establishment which sells exclusively or primarily intoxicating liquor. Such term does not include a grocery store which sells both intoxicating liquor and groceries including staple foods (within the meaning of § 3(r) of the Food and Nutrition Act of 2008 (7 U.S.C. § 2012(r)).

2. "Casino", "Gambling Casino", or "Gaming Establishment" - the terms "casino", "gambling casino", and "gaming establishment" do not include:

a. A grocery store which sells groceries including such staple foods and which also offers, or is located within the same building or complex as, casino, gambling, or gaming activities; or

b. Any other establishment that offers casino, gambling, or gaming activities incidental to the principal purpose of the business.

3. "Adult-oriented entertainment" means any retail establishment which provides adult-oriented entertainment in which performers disrobe or perform in an unclothed state for entertainment, also known as "strip clubs." Further clarification of these retail establishments includes venues that prohibit the entrance of minors under the age specified by State law.

4. "Electronic benefit transfer transaction" means the use of a credit or debit card service, automated teller machine, point-of-sale terminal, or access to an online system for the withdrawal of funds or the processing of a payment for merchandise or a service.

2.19.3Penalties for Using EBT at Restricted Locations

A. Any person receiving cash assistance through the RI Works Program who knowingly uses an EBT card in violation in § 2.19 of this Part in an establishment that has not blocked the restricted transaction, shall be subject to the following penalties:

1. For the first (1st) violation, the household will be sent a warning that a prohibited transaction occurred;

2. For the second (2nd) violation, the household will be charged a penalty in the amount of the EBT transaction that occurred at the prohibited location;

3. For the third (3rd) and all subsequent violations, the household will be charged a penalty in the amount of the EBT transaction that occurred at the prohibited location AND for the month following the month of infraction, the amount of cash assistance to which an otherwise eligible recipient family is entitled shall be reduced by the portion of the family's benefit attributable to any parent who utilized the EBT card in a restricted location. For a family size of two (2), the benefit reduction due to noncompliance with use of EBT at a restricted location shall be computed utilizing a family size of three (3), in which the parent's portion equals one hundred five dollars ($105.00).

B. All actions pertaining to the collection of penalties/outstanding claims described in this section are handled by the Collections, Claims and Recoveries Unit (CCRU) of the Department of Human Services (refer to www.DHS.ri.gov for contact information).

2.19.4Fair Hearing Request

A. If an individual believes that the intended action regarding usage of EBT cash at restricted locations is incorrect, s/he may request a hearing before the Executive Office of Human Services Hearing Officer within thirty (30) days of the mailing of the notice of adverse action. The individual may request that benefits be continued pending the outcome of the hearing if the request is made within ten (10) days of the mailing of the notice.

B. The request is made in writing by the individual or his/her authorized representative in accordance with Part 10-00-1 of this Title.

2.19.5Replacement of EBT Cash Benefits

A. EBT cash benefits which are accessed through the use of an RI EBT card and personal identification number (PIN) are not replaced.

B. It is the responsibility of the recipient or authorized payee to keep the RI EBT card and PIN safe from unauthorized use and to immediately report lost or stolen cards to the EBT Customer Service Help Line. Their customer service representative changes the status of the card from "valid" to "lost" or "stolen" thereby protecting any unused benefits.

2.19.6Lost, Stolen, or Damaged EBT Cards

A. Cardholders must report lost, stolen, or damaged RI EBT cards to the EBT Customer Service Help Line. A Customer Service Representative invalidates the card thereby protecting the unused benefit amounts. If someone uses the card before its status has been changed, the benefits cannot be replaced.

B. No fee is charged for the replacement of any lost, stolen, or damaged RI EBT card. Cardholders may request a new card by contacting the local DHS office. Replacement RI EBT cards are mailed by noon the next business day after the authorization file has been successfully transmitted. Arrival of the card should be within three (3) to five (5) business days.

C. In certain circumstances, an EBT card may be provided at the local DHS office. The DHS worker is responsible for determining the instances when it is necessary to provide an emergency EBT card at the office.

D. Emergency circumstances that are beyond a household member's control and necessitate an emergency in-office issuance of an EBT card include, but are not limited to:

1. A catastrophe caused by fire, flood, or a severe weather condition;

2. Lost or stolen mail confirmed by the Postal Service;

3. Unanticipated household emergency;

4. Domestic violence situation; or,

5. Homelessness

E. Cardholders who request four (4) or more replacement EBT cards within a twelve (12) month period will be referred to the Office of Internal Audits investigation of misuse or abuse of the EBT card. Documented violations will result in the following:

1. Recovery through recoupment/restitution (See §2.24.4 of this Part for policy relating to establishing and collecting claims against households); and/or

2. Referral for criminal prosecution.

2.19.7EBT Cards for Authorized Payees

A. An authorized payee is a person given permission by the recipient to act on his/her behalf in withdrawing or debiting RI Works cash benefits from the EBT cash account.

B. If the same individual is acting as both an authorized payee for the family's RI Works cash benefits and as an authorized representative for the household's Supplemental Nutrition Assistance benefits, only one (1) EBT card is issued.

C. Recipients may cancel their authorized payee/authorized representative at any time by calling the Customer Service Help Line at 1-888-979-9939. Customer Service immediately cancels the authorized payee's/authorized representative's access to the family's benefits. However, recipients retain uninterrupted access to their benefits.

2.19.8Stale EBT Cash Accounts

A. Cash benefits which have not been accessed for a period of ninety (90) days or more will be purged from the EBT account. Access to the account is specific to withdrawal activity. Inquiring against an outstanding benefit does not constitute access to the account.

B. Written notification of an intended action to purge cash benefits from a family's EBT account must be provided at least ten (10) days prior to the date of the action.

218 R.I. Code R. 218-RICR-20-00-2.19

Adopted effective 1/6/2019
Amended effective 2/16/2020
Amended effective 2/27/2022
Amended effective 11/11/2022
Amended effective 8/26/2023
Amended effective 11/4/2023