PD 23-30: CalFresh Electronic Theft Retro Replacements

Date: 12-8-2023 (Revised 12-14-2023)
To: CalFresh Eligibility Staff and Clerical Staff
From: Tino Sacasa, SSA BPIS and Michelle Demetrius, SSA BPIS  
Reference: ACL 23-92

Background

In addition to the changes indicated in Common Place (CP) Update 23-07: Changes To CalFresh Electronic Theft Replacement Policy, and to comply with federal policies, current and former CalFresh (CF) clients may be eligible for retroactive replacements of CF benefits that were electronically stolen between October 1, 2022, through November 30, 2023. To file a retroactive claim, households must complete the revised form, Report of Electronic Theft of Benefits (EBT 2259) on or after December 1, 2023, but no later than February 29, 2024.

Policy and Process

Retroactive claims are limited to two replacements per Federal Fiscal Year (FFY) (i.e., October 1 – September 30) and the household must only receive up to two countable replacements per FFY. Any state-funded replacements issued before the implementation of December 1, 2023, of this current FFY (i.e., October 2023 and November 2023) do not count towards the two replacements per FFY, unless retroactive claims are approved in October 2023 and/or November 2023, then these retroactive claims do count towards this current FFY.

The amount of CF benefits replaced must be equal to the amount of electronically stolen benefits, but must not exceed the equivalent of two month's worth of their last monthly allotment at the time the original theft occurred. 

Criteria for Retroactive CF Electronic Theft Claims 

Current and former CF clients may be eligible to receive retroactive benefit replacements if the household:

  1. Completes a revised EBT 2259 (11/23) on or after December 1, 2023, but no later than February 29, 2024, and 
  2. Experienced an electronic theft and any of the following occurred between October 1, 2022, - November 30, 2023:
  • The cardholder was denied replacement for not meeting the previous 10-day reporting requirement, or 
  • The cardholder was provided a replacement for only one month’s worth of benefits, or
  • The cardholder did not previously file an EBT 2259 claim. 

Scenarios

In a scenario where a household was previously provided only one month’s worth of benefits, the household may receive additional replacement benefits to make the total amount of benefits replaced equal to the amount stolen, but cannot exceed the equivalent of two month's worth of their last monthly allotment at the time the original theft occurred. 

 

In all other scenarios, each retroactive claim may provide up to two-month's worth of food benefits for each replacement of electronic theft. The amount replaced must be equal to the amount of electronically stolen benefits, but cannot exceed the equivalent of two-month's worth of their last monthly allotment. 

Processing of Retroactive Claims 

The timeframe for processing and issuing retroactive claims must be completed 30 business days from the date a retroactive EBT 2259 (11/23) claim is submitted. Aside from the policy changes as stated in CP Handbook Chapter 16 in the Electronic Theft section, the processing of the EBT 2259 remains the same. 

Retroactive claims received will be assigned following normal district office procedures. Retroactive claims received for unassigned cases will be assigned to the EW who originally processed a claim, otherwise, case assignment will follow normal district office procedures.  

Client Outreach 

Santa Clara County will create outreach material based on the State’s outreach materials for consistency in informing CF clients of the retroactive claiming process. This information will be posted to client-facing websites. A mailer will be sent to identified CF clients who filed an electronic theft claim between October 1, 2022, - November 30, 2023. The mailer will be sent out in phases starting December 20, 2023, through January 3, 2024. 

  •  A Client FAQs: Replacement of Electronically Stollen CF Benefits, provided by the state, has been posted in the CF Reference Materials to aid the EW in assisting clients. 
  • The State will begin outreach (i.e., mass messaging) to all CF households on December 18th to notify them of their potential eligibility for retroactive CalFresh replacement benefits. This communication will be rolled out in phases through January 16, 2024.
  • BenefitsCal has information posted on their website, informing clients of the CF retroactive replacements claiming timeframe, and the deadline to apply. 
Below is an example of the BenefitsCal message to clients:

Implementation

The State implementation date was December 1, 2023.