9093.3 Adjusting Food Benefit EBT Accounts

Statutory Authority 7 CFR 274.2(g) Food Benefit Electronic Benefit Transfer (EBT) accounts may be adjusted due to errors during benefit posting or redemption. The Division of Social Services (DSS) and the EBT contractor will only make authorized adjustments to food benefits in accordance with this policy. DSS and Delaware's EBT contractor shall use the same EBT benefit type that corresponds with the error to adjust a household's food benefits. A different EBT benefit type from the error shall not be used to credit or debit the EBT account. 1. DSS may adjust benefits posted to households’ EBT accounts before the benefit availability date to correct errors that occurred during the posting process. 2. Delaware’s EBT contractor may adjust EBT accounts to correct errors that occurred during the redemption process. Adjustments may be requested initiated by the client or retailer and may result in a credit or debit to the household's EBT account. A. Client-Initiated Credit Adjustments i. A credit adjustment occurs when the EBT contractor returns benefits to a household's EBT account after a transaction error is reported by the client or another party. For example, a credit adjustment may be issued to a household when a retailer debited the same transaction twice from the household's EBT account. ii. Households have 90 days from the date of the transaction error to contact EBT Customer Service to report the error and request a credit adjustment. If the error is reported after 90 days, no action is taken by the EBT contractor or DSS. iii. The EBT contractor has 10 business days from the date the household reported the transaction error to EBT contractor Customer Service to: a. Investigate and verify the transaction error; b. Make a determination on the adjustment request; and c. Credit the household's EBT account if the adjustment request is approved. iv. If the household's adjustment request is denied, DSS will send an adjustment denial notice advising the household of the denial and their right to a fair hearing. a. DSS will send the adjustment denial notice by the 10th business day from the date the error was reported. b. The household has 90 days from the date of the notice to request a fair hearing. c. The household is not entitled to a provisional credit before the fair hearing. d. The EBT contractor will credit the household's EBT account only if the fair hearing decision is in the household's favor. B. Retailer-Initiated Debit Adjustments i. A debit adjustment occurs when the EBT contractor withdraws benefits from a household's EBT account after a transaction error is reported by a retailer or another party. For example, a debit adjustment may take place when a household makes a purchase, but the retailer's account is not credited correctly for the transaction. ii. If the retailer does not report the transaction error or the EBT contractor cannot verify the transaction error by the 10th business day from the date the error occurred, the adjustment request must be denied. iii. The EBT contractor has 10 business days from the date the transaction error occurred to: a. Investigate and verify the transaction error; and b. Make a determination on the adjustment request by: 1. Approving the request and placing a hold on the household's EBT account for the debit amount; or 2. Denying the request. iv. The EBT contractor may place a hold on the household's current EBT account balance and the next month's benefits only. a. If there are insufficient benefits in the household's EBT account to cover the entire adjustment, the EBT contractor will place a hold on the remaining balance and the whole amount will be debited when the next month's benefits become available. b. If sufficient funds do not become available by the end of the next month, the adjustment request must be denied and the household's EBT account will not be debited. v. If the retailer's adjustment request is approved, DSS will send an adjustment notice advising the household of the transaction error, debit amount, adjustment hold process, and their right to a fair hearing. a. DSS will send the adjustment notice by the next business day after the hold is placed on the household's EBT account. b. The household has 90 days from the date of the notice to request a fair hearing. c. If the household requests a fair hearing within 10 days of the notice, the EBT contractor will release the hold on the household's EBT account within 48 hours of the fair hearing request. The EBT account will not be debited pending a fair hearing decision. d. If the household does not request a fair hearing within 10 days of the notice, the EBT contractor will debit the adjustment amount from the household's EBT account and credit the retailer. The EBT contractor will reverse the debit adjustment only if the fair hearing decision is in the household's favor. 15 DE Reg. 1030 (01/01/12) 28 DE Reg. 669 (03/01/25)