USDA is aware of increased reports of EBT theft due to card skimming, cloning, and similar fraudulent methods. On Dec. 29, 2022, President Joseph R. Biden signed into law the Consolidated Appropriations Act, 2023 (the Omnibus), which includes provisions for the replacement of stolen EBT benefits with federal funds.
USDA's FNS and ACF at the Department of Health and Human Services are aware of increasing reports of benefit theft by criminal actors through EBT card skimming schemes. After discussions with EBT processors and fraud prevention stakeholders, FNS and ACF have identified prevention measures that can be adopted to improve card security while we work towards longer-term strategies.
Any firm may request administrative and judicial review, if it is aggrieved by any of the actions described in SNAP regulations. The Administrative Review Branch ensures that FNS follows the provisions of the Food and Nutrition Act, SNAP regulations, and agency retailer policy, and that the agency's administrative actions are equitable and consistent.
On Dec. 27, 2020, the President signed into law the Consolidated Appropriations Act 2021. This Act excludes federal pandemic unemployment compensation payments authorized under the Coronavirus Aid, Relief and Economic Security Act from consideration as income for the purposes of determining FDPIR eligibility.
The Office of lnspector General's 2016 Audit Report, Food and Nutrition Service Controls over SNAP Benefits for Able Bodied Adults without Dependents, recommended that FNS perform analysis to identify problematic areas for states in terms of ABAWD policy and then provide states with additional best practices to address those areas.
FNS is issuing this policy memo to clarify state options and requirements relating to the determination of fleeing felon status under Supplemental Nutrition Assistance Program regulations at 7 CFR 273.11(n).
Supplemental Nutrition Assistance Program regulations at 7 CFR 273.11(n) require state agencies to choose between two tests to establish fleeing felon status: the four-part test and the alternative test, often called the Martinez test. This policy memo clarifies changes in the Martinez test necessitated by the Walter Barry, et al. v. Nick Lyon decision of the United States Court of Appeals for the Sixth Circuit.
The attached questions and answers address the SNAP: Eligibility, Certification, and Employment and Training Provisions of the Food, Conservation and Energy Act of 2008 final rule.
This memorandum restates the FNS policy on the treatment of same-sex marriages with regard to Section 3(m)(2) of the Food and Nutrition Act of 2008, as amended.
SNAP Questions and Answers Concerning the Trafficking Controls and Fraud Investigations Final Rule