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State of Wisconsin |
Release 24-02 |
Determine FoodShare benefit allotment amounts using the information provided in Chapters 1 through 6.
FoodShare allotments belong to the assistance group to which they were issued. Benefits cannot be transferred to other cases or EBT accounts. As long as there is one adult food unit member (or emancipated minor) in the assistance group, the adult retains control of the EBT card. In instances where the household splits and some of the individuals for which benefits were issued move into another household, the assistance group retains control of the EBT card.
| Example 1 | John and Beth are married with two children; Will and Kelly. They receive FoodShare as a family until John dies. Kelly is John’s child from a previous relationship and after John’s death Kelly goes to live full time with her biological mother who then applies for FoodShare. She knows Kelly was issued benefits from previous months and through conversations with Beth, she also knows there are still benefits in Beth’s EBT account from those past months. She asks the agency to give her access to those remaining benefits since some of them were issued for Kelly. The agency denies this request since it is up to Beth to decide if any more food will be purchased for Kelly. Since the benefits were issued to Beth and John, the benefits are only available to be used by Beth. |
7 CFR 273.10(a)(1)
An initial FoodShare allotment is prorated from the application filing date, unless the prorated initial allotment amount is less than $10. Initial allotments of less than $10 are not issued. There is an exception for food units that include a migrant or seasonal farm worker and have continuing FoodShare eligibility (see Section 7.1.1.2 Initial Allotment for Migrant and Seasonal Farm Workers).
| Example 2 | Vera's case closed November 30. She reapplies on January 3 and is found eligible and will receive prorated benefits for January. |
Do not prorate an allotment in the month following FoodShare case closure if closure is due to an agency delay (see Section 2.1.1 Initial Certifications (Applications)). Benefits should go back to the 1st of the month.
| Example 3 | Jeff receives notice of an appointment for a renewal interview in the last month of his certification period (July) but cannot attend the appointment because he is working. Jeff asks to reschedule the appointment, but the next appointment the IM worker has available is August 5. Jeff completes the renewal interview on August 5 and provides all verification by August 8. Do not prorate benefits for August. Issue benefits from the first of the month. Document in case comments the reason for the delayed renewal. |
7 CFR 273.10(a)(1)
The initial allotment is not prorated for food units that include a migrant or seasonal farm worker when at least one FoodShare assistance group member has participated in the FoodShare program during the 30-day period before application. These food units have continuing eligibility for FoodShare.
| Example 4 | A migrant food unit arrives in Wisconsin from Texas on April 20 and applies for FoodShare. Their SNAP case closed in Texas on March 31. Their first month of eligibility (April) is not their initial month. Consider it a continuation of benefits and issue a full allotment for April. |
| Example 5 | A migrant food unit arrives in Wisconsin on May 5 and applies for FoodShare. Their case closed on March 31 in Texas, and they did not receive SNAP benefits in April or May. The initial month of eligibility is May. Since it has been more than 30 days since the last receipt of SNAP, prorate benefits from the date of application. |
7 CFR 273.2(g)(2)
Food units that have an application filing date after the 15th of a month and are found eligible for expedited issuance must receive a combined allotment for months one and two. This also applies to cases that are eligible for expedited benefits for month one, but not month two. As long as the filing date is after the 15th of the month, issue a combined allotment for both month one and two.
| Example 6 | Laurie applies for FoodShare on May 16. She has no income and meets expedited eligibility requirements. Laurie will be starting a job in June that will result in either less FoodShare or loss of FoodShare eligibility. Laurie’s IM worker issues benefits for May and June. Verifications other than "identity" are waived. |
7 CFR 273.10 (e)(2)(ii)(C)
Categorically eligible assistance groups that include one or two persons are eligible for a minimum $23 allotment, except for the initial prorated benefit which cannot be less than $10.
| Note | When testing under regular SNAP rules following a lottery or gambling closure, there is no minimum allotment for one- or two-person assistance groups. |
FoodShare assistance groups with $0 FoodShare benefits in their initial benefit month and an allotment greater than $0 in the second month will be denied in the first month and opened in the second month. The 12-month FoodShare certification period will begin the month of application even though the first month may be denied because the allotment amount is $0. If the benefit calculation is $0 for the first two months, the application will be denied.
| Example 7 | Barry applied for FoodShare in August after he lost his job. Barry received $0 for August (due to excess income) and was found eligible for $98 in September. His certification period starts in August. |
| Example 8 | Tiffany applied for FoodShare on March 28. Tiffany was found eligible but received $0 for March because her benefits were prorated. In April, she is eligible for $55. Her certification period starts in March and her renewal will be due in February of the next year. |
Transitional FoodShare households will remain open if the FoodShare benefit is reduced to $0 for the month between the benefit determination month and the month transitional FoodShare benefits (TFS) begin (see SECTION 5.1.1 TRANSITIONAL FOODSHARE BENEFITS (TFS)).
| Example 9 | Donna accepted a job in July and her last W-2 check was issued in August. Her TFS benefit starts in September. Her income from her new job impacted her August allotment. The August allotment was reduced to $0. However, the TFS benefit amount is based on the July budget minus the W-2 payment amount. The case remains open during the month of August and her TFS benefits start in September using the July information. |
7 CFR 274.6
Providing replacement benefits
Provide replacement benefits to a food unit when they report that food purchased with FoodShare benefits was destroyed in or as a result of a household misfortune or natural disaster.
There is no limit to the number of times replacement benefits can be requested to replace food that was lost or destroyed due to a household misfortune.
| Note |
When a Federal Individual disaster declaration has been issued and the food unit is eligible for DSNAP benefits, the food unit is not eligible to receive both a disaster (DSNAP) benefit and a replacement benefit for the same misfortune (see Section 5.3.1 Disaster Supplemental Nutrition Assistance Program (DSNAP) For Victims Of Natural Disasters). |
Replacement
Replacement benefits should be provided only if a food unit timely reports a loss orally or in writing. The report will be considered timely if it is made to the agency within 10 calendar days of the date food was destroyed in or as a result of a household misfortune or natural disaster. If the 10th day falls on a weekend or holiday, consider it to have been received timely if the member reports the loss on the business day following the weekend or holiday.
| Note | The benefit replacement amount is the lessor of the claimed loss, or, up to the full allotment that was issued for the month of loss. If a member is eligible for replacement benefits, and the food loss occurs prior to the member’s regular monthly issuance, process the replacement under the prior month’s issuance, even if the prior month’s issuance is lower. The full allotment issued to the food unit includes any restored or supplement benefits. |
| Example 7 | Lorraine’s household was impacted by a power outage that occurred October 1 and lasted through October 2. On October 12, Lorraine calls the agency to report her loss of food purchased with FoodShare benefits. She states by October 3 her food had spoiled. This is considered a timely report. Note: To be eligible for replacement FoodShare benefits, Lorraine must complete and return the Request for Replacement FoodShare Benefits form (F-00330) within 10 days of her verbal report (October 12). The signed form must be returned by October 22. Use the September benefit to issue the replacement. |
The benefit replacement amount is the lessor of the claimed loss, or, up to the full allotment that was issued for the month of loss. The full allotment issued to the food unit includes any restored or supplement benefits.
| Example 8 | Mary and her daughter receive FoodShare benefits on the 3rd of each month. In June Mary’s benefit was $275, and in July her benefits will be $345. There was a fire in their home on July 1. Mary goes into the agency on July 10 and reports that all of her food, valued at $600, was destroyed in the fire. Mary completes the Request for Replacement FoodShare Benefits, (F-00330) and provides a statement from the Red Cross. Mary is eligible to have her benefits replaced. Process the replacement under June’s issuance in the amount of $275. |
| Example 9 | Kevin receives FoodShare benefits of $170 on the 4th of each month. Kevin calls July 10 to report his power had been out for more than four hours July 6. On July 7, he had to throw away his food due to spoilage. On July 16, he submits the completed Request for Replacement FoodShare Benefits (F-00330) and a news article about the power outage that occurred on July 6. Kevin claims he lost $100 worth of food. The IM worker would issue Kevin $100 in replacement benefits for July. |
Verifying FoodShare Eligibility
When a verbal or written request for replacement benefits is received, the agency must check to see that the food unit had received a FoodShare benefit in the month that the misfortune occurred or the month before the misfortune occurred..
Use the Benefit Issuance History page to determine if the food unit was receiving benefits prior to or at the time of the misfortune. Do not use the EBT Transaction Details page when determining replacement eligibility or amounts.
| Example 10 | Steve and his child received a monthly benefit of $265 on July 14. Due to a change in circumstances Steve’s August benefit amount increased to $355. August 3, Steve calls and reports that his electricity was shut off on July 28. He was able to pay his bill and the power was turned back on August 2. The power outage caused all of his cold and frozen foods to spoil. Steve claims to have lost $600. Steve is eligible for a replacement up to his full July issuance of $265. |
The agency must determine that the loss occurred in or as a result of a household misfortune or natural disaster, such as, but not limited to, a fire, power outage, appliance failure, utility disconnection, or flood. A power outage lasting four hours or more can result in food spoilage and is therefore a qualifying household misfortune. Each replacement request must be evaluated on a case-by-case basis since the circumstances of each misfortune may be different (for example, food will spoil quickly during periods of extreme heat conditions, flooding may take a couple of days to reach the area food is stored or to damage an appliance).
For more information on food safety, review the U.S. FDA Food Facts resource on Food and Water Safety During Power Outages and Floods.
A household misfortune does not include FoodShare benefits that were stolen.
Time limits for replacing benefits
Replacement benefits must be issued to the food unit no later than 10 days after the report of loss or within two working days of receiving the signed form and verifying the loss, whichever date is later.
The agency must deny or delay replacement benefits in cases in which available documentation indicates that the household's request for replacement appears to be fraudulent.
A worker must send a Notice of Denial (F-16001) to explain the reason for the denial. Inform the food unit of its right to a fair hearing to contest the denial or delay of replacement benefits. Replacements shall not be made while the denial or delay is being appealed.
| Example 11 | Ginny submits a Request for Replacement benefits form on November 20 stating her freezer broke down on November 15. Ginny is requesting replacement benefits of $200 for the food she lost. The worker checks Ginny’s FoodShare eligibility and notes that Ginny’s FoodShare closed October 1. The worker must send Ginny a Notice of Denial (F-16001) and explain that she is not eligible for replacement benefits because she was not eligible for or receiving FoodShare in November or October. The worker must also document the denial of the request in the case record. If Ginny files a fair hearing on this decision, no replacement benefits shall be issued while pending a decision. |
Statement of Loss: Request for Replacement FoodShare Benefits form (F-00330)
Prior to issuing a replacement, the agency must obtain from an adult member of the food unit a signed form attesting to the loss of food. The form may be completed in person, mailed, faxed, or submitted by other electronic means to the agency.
If the signed form is not received by the agency within 10 days of the date of the member’s verbal or written report of the loss, no replacement is to be made. If the 10th day falls on a weekend or holiday, and the form is received the day after the weekend or holiday, consider it to have been received timely.
The form needs to be retained in the electronic case record. The form needs to attest to the destruction of food purchased with FoodShare benefits and the reason for the replacement. It must also state that the food unit is aware of the penalties for intentional misrepresentation of the facts, including, but not limited to, a charge of perjury for a false claim.
Verification of loss
Verification of the household misfortune or natural disaster is required. Verification of the loss of food or value of food lost is not required. The agency can verify the misfortune or disaster through a collateral contact, documentation from a community agency including, but not limited to, the fire department, utility company, the Red Cross, or a home visit. The verification needs to support that there was a misfortune or natural disaster which resulted in the destruction of food.
If the agency cannot obtain verification of the misfortune or disaster, the replacement should be issued unless the request is believed to be fraudulent.
Verification exception policy
When a “State of Emergency”, due to weather or natural disaster, has been declared by a government official for an area (county/zip code/city), verification of the misfortune is not required as long as the loss claimed was specifically due to the state of emergency event. The member has 10 days from the date the loss occurred to report orally or in writing. Allow 10 days for the Request for Replacement FoodShare Benefits form to be returned following the report of the loss. In some instances, the Department of Health Services may obtain approval to extend the timeframe for reporting and receiving a completed form. The Department of Health Services will issue additional information in these situations.
In instances where the loss of food is found to be questionable during a “State of Emergency,” the worker must verify the event which resulted in the loss of food. Document the reason(s) the loss was found to be questionable.
| Example 12 | A statewide “State of Emergency” was declared by the Governor due to severe weather. A number of counties sustained substantial damage from the storms including power outages lasting more than 24 hours. Other counties were unaffected by the storms. Terry is a FoodShare member who lives in a county that had little to no impact from the severe weather outbreak. Terry requests replacement benefits claiming his electric was out for more than twelve hours. The county Terry lives in has had no reports of power outages. The worker finds Terry’s request to be questionable. The request is denied after the worker determines there was no power outage in Terry’s county. |
| Example 13 | A “State of Emergency” was declared by the Governor on July 20 due to extensive flooding in Grant County. The Department of Health Services was granted special approval to allow households up to 30 days to report food loss, or by August 21. Jesse reports on July 31 that his home sustained substantial flooding resulting in the loss of his food. He claims to have lost $300 in food on July 21. Jesse will need to complete a request form by August 21 (allowed by the extension) to be found eligible for replacement benefits. The request is not questionable, so the worker does not need to verify the loss. |
Documentation and reconciliation of replacement benefit requests
The agency must document in the food unit's case file each request for replacement, the date of the verbal or written request, the reason for the request, and whether or not the replacement was approved or denied.
When a request for replacement is made, replace the benefit for the month the loss occurred.
| Note | The "905" replacement supplement code must be used when issuing replacement benefits for destroyed food. This is essential for tracking, reconciliation, and reporting purposes. |
Some benefits stolen between October 1, 2022, and September 30, 2024, may be eligible for replacement. To be eligible for replacement, the theft must fall under certain acts of third-party theft. Third-party theft usually occurs when someone outside the household gains access to household benefits in ways including:
Eligible third-party thefts must meet certain criteria to qualify for replacement:
| Example 14 |
Pat is eligible to receive $96 per month of FoodShare. Pat gives their EBT card and PIN to their friend Alex and asks Alex to go to the store to buy Pat a gallon of milk and loaf of bread. Alex instead spends the entire balance of Pat’s EBT card (over $300). Pat reports the theft to the local agency and submits a replacement request form. Since Pat gave their card and PIN to Alex, Pat is not eligible for replacement benefits. |
| Example 15 |
Lily is eligible to receive $96 per month of FoodShare. Lily gives her EBT card and PIN to her friend Derek and asks Derek to go to the store to buy a gallon of milk and loaf of bread. Derek purchases the milk and bread and returns Lily’s EBT card. A few months later, Lily discovers unauthorized out-of-state purchases debited from her FoodShare account. Lily reports the theft to the local agency and submits a replacement request form. An investigation reveals that Lily’s EBT card was involved in a fraud skimming ring. Since Lily’s benefits meet the criteria for third-party theft, Lily is eligible for Replacement Benefits. |
| Note | The date of discovery is the date a member, a household, or the agency discovers that benefits were stolen. |
The replacement amount is the total amount of benefits stolen, or the amount equal to two months of the household’s calculated monthly allotment for the date immediately prior to the date in which the theft occurred, whichever is less.
| Note | The monthly allotment includes D-SNAP and Emergency Allotments. |
The replacement plan was implemented on September 1, 2023 (see Operations Memo 23-29 FoodShare Fraud Replacement Benefits).
When a replacement request is received, the active Wisconsin QUEST Card will be deactivated and a new card will be issued. The replacement card is issued without requiring a replacement card fee.
Most decisions to issue a replacement will be made within 30 days of the replacement request form being received. If approved, the replacement must be deposited into the Wisconsin QUEST Card account within 24 hours, and a letter sent to the member. If denied, the member will receive a written communication that includes the reason for denial and their fair hearing appeal rights.
Fair Hearings
The denial notice will inform the food unit of its right to a fair hearing to contest the denial. Replacements shall not be made while the denial is being appealed.
Fraudulent Replacement Requests
In the event a member intentionally files a false request, including but not limited to providing false information or withholding information, the case will be investigated for a potential intentional program violation (IPV) and ensuring appropriate actions are taken.
FoodShare benefits may be returned because the FoodShare assistance group voluntarily refunds them. Document in case comments appropriately when benefits are voluntarily returned.
7 CFR 273.11(j)
Do not increase a FoodShare assistance group's allotment when an individual's cash benefits under any other federal, state or local means-tested public assistance program are reduced for failure to perform an act required by the other program. Specifically:
Failure to comply with work programs,
Failure to comply with school attendance requirements (Learnfare), or
An act of fraud under that program.
| Example 14 |
A W-2 participant intentionally fails to comply with a W-2 requirement and is sanctioned $70 for non-participation. The W-2 group will only receive a check for $603; however, the full amount of $673 must be budgeted for FoodShare. |
Means-tested public assistance programs include, but are not limited to, W-2 or the Refugee Assistance Program. SSI is not considered a means-tested program for these requirements.
Do not apply this policy if the food unit, or a new member in the food unit, is determined ineligible for the means-tested program at application. The food unit must already be receiving benefits, and the failure to comply must result in a reduction, suspension, or termination of those benefits.
No increase in the FoodShare allotment should be made for the duration of the penalty period. If other reductions or changes to the other program's benefits occur during the penalty period, which are unrelated to the failure to comply, the FoodShare allotment must be adjusted accordingly.
If the person or food unit is subject to a penalty period in both the FoodShare program and another program, apply the FoodShare penalty period first. If the other program's penalty period is longer, that penalty will continue after the FoodShare period is completed. The prohibition on increasing benefits follows a person who moves from one food unit to another.
7 CFR 274.2(d)
Benefit distribution is based on the eighth digit of the member's SSN. The schedule below is also posted on the FoodShare webpage.
| Eighth Digit of SSN | Day of Month FoodShare Benefits will be available |
| 0 |
2nd |
| 1 |
3rd |
| 2 |
5th |
| 3 |
6th |
| 4 |
8th |
| 5 |
9th |
| 6 |
11th |
| 7 |
12th |
| 8 |
14th |
| 9 |
15th |
If there has been no EBT card activity for at least 274 days, any monthly benefits that are older than 274 days will be expunged. The expungement occurs only for benefits that were issued more than 274 days in the past. The 274-day period resets every time a member uses their EBT card to purchase eligible food items, regardless of amount. Expungement may occur over multiple months if card inactivity continues (see Process Help, Section 80.7 Expunged Benefits).
When all food unit members are deceased, EBT benefits will expire.
This page last updated in Release Number: 23-03
Release Date: 12/18/2023
Effective Date: 12/18/2023
Section 7.1.1.9 Effective Date: 09/17/2023
Notice: The content within this manual is the sole responsibility of the State of Wisconsin's Department of Health Services (DHS). This site will link to sites outside of DHS where appropriate. DHS is in no way responsible for the content of sites outside of DHS.
Publication Number: P-16001