New Photo EBT Card for SNAP and Cash Cases: DTA Implementation and Guidelines

FoodSNAP
DTA has just issued guidance implementing the new EBT Photo card requirements: Operations Memo 2013-57A and Operations Memo 2013-58A. The bulk of the Photo EBT card changes and guidelines are detailed in Operations Memo 2013-57. This email summarizes the key information you should know as Ops Memo 2013-57 is very dense. 

I.   Three reminders about the new law:

  • This photo card requirement affects less than half of the current SNAP population in Massachusetts (about 220K SNAP households out of 490K households).  
  •  Everyone in the SNAP household has the right to use the EBT card for food purchases - whether or not their name or photo appears on the card - as long as they know  the PIN. 
  • Store clerks should NOT ask to see the EBT card unless it is store policy to ask for photo ID from ALL shoppers who use debit or credit cards.

II.  DTA mailings underway with new Photo EBT Cards:

  1. DTA is currently using available RMV photos (driver license and state IDs) to issue photo EBT cards to SNAP and cash assistance card holders who are not exempt (pg 3 of Ops Memo).
  2. A batch of EBT cards are currently being mailed daily to about 170K SNAP households – mailing based on the last digit of the household’s SSN. (pg 4) 
  3. Households can still use their existing PIN and do not need to create a new PIN.  (pg 4)
  4. Households should still use their current blue EBT card until it is “deactivated” the night before their December benefits are issued. (pg 4)  If recipients throw out their old card too soon, they will have no access to their benefits til the December benefit, unless they go into DTA for a temporary card.
  5. The 260K+ SNAP households that are exempt from this EBT photo law can continue to use their current blue EBT cards.
  6. Any cardholder who turns age 60, becomes disabled or meets the other exception can get a new “Valid without Photo” card issued at any time, for no fee. (pg 2)

III.  Card holders who may need to get photos at DTA:

  1.  For case heads that do not meet one of the six exemptions (below), most will be scheduled for an in-office photo appointment soon - starting November 25th. (pg 5)
  2.  Clients with RMV photos should not be scheduled for a photo appointment, unless DTA cannot resolve some discrepancy in the identity data  (pg 3). Common data discrepancies can include flipped first and last names, double last names, or transposed date of birth.
  3.  Households in the queue for a SNAP recertification or cash redetermination in Jan or Feb 2014 will be scheduled for in-office DTA interviews and photo during those months. (pg 5)
  4. The photo appointment letters say the case head should bring some form of identification to DTA (birth cert, SSN card, other official document). (pg 16) Many clients that lack RMV photos may lack other forms of ID, especially homeless households. They should still go to DTA and speak directly with their Case Manager, who is supposed to verify their identity. (pg 15)
  5. Households can RESCHEDULE the photo appointments if they cannot make it for any reason. In addition, all DTA offices have left Fridays open for walk-in photos. 
  6. Dudley Square case heads are being sent to Newmarket DTA due to lack of Dudley office space. (pg 5)
  7. Web-based applicants for whom DTA does not have a current RMV photo will still have their SNAP application fully processed by the Web Unit and, if approved, they will be sent sent a temporary EBT card with no photo. These cases will be scheduled for an in-office photo at some point.(pg 5 &6)
  8. DTA says it will not terminate benefits for household failure to show up for a photo appointment. (pg 6)  However, DTA says it will terminate or deny benefits to anyone who is mandatory photo card and fails to show up for an in-office interview scheduled at application or recertification in order to take a photo (pg 5). This may be illegal under federal SNAP law.

IV.  EXCEPTIONS to Photo EBT Card requirement:   

  1. There are SIX exceptions to the photo EBT card requirement. If the card holder is:
    a.    Age 60 or older
    b.    Disabled
    c.    Blind
    d.    Under age 19
    e.    Victim of domestic violence or
    f.     Has sincerely held religious beliefs objecting to a photo/facial image.
  1.  A card holder who no longer needs a photo EBT card (e.g. turns age 60 or becomes disabled) can request a “Valid without Photo” card at any time and with no fee. (pg 9)  
  2. Conversely, any card holder who is exempt (“non-mandatory”) but would like to have his or her photo on the EBT card can request one. (pg 14)
  3. Card holders who do not have SSNs (for example, immigrants with “undetermined” immigration status, but who have eligible citizen or legal immigrant children) will get a Valid without Photo card (pg.2 )
  4. A household with religious objections will be asked to sign a sworn statement as to his or her religious beliefs. (pg 17) This is a federal law requirement.
  5. A victim of domestic violence can claim that status without verification and does not need to have a “heightened level of security” on his or her case. DTA will refer these individuals to a DV specialist for any additional services needed. (pg 13) Keep in mind, the SNAP application does not ask about DV, so this is another way to flag the case and get additional services.
  6.  Any case head with disabilities does not need to receive disability-based benefits to claim this exception and need not verify the disability. (pg 13) For example, many participants in the MassHealth Breast and Cervical Cancer Insurance program can qualify for a disability exception. 
V.  Retailer discrimination or refusal to let household members use EBT card:

 Operations Memo 2013-57 correctly reminds DTA workers that grocery stores and other retailers authorized to accept EBT under USDA rules are  

a.      required to let any member of the SNAP household use the EBT card and
b.      not allowed to treat SNAP recipients differently from other customers.
  (pg 15) 

At this point in time, DTA is urging SNAP workers to collect detailed information on any incidents and report them to the Policy Hotline. MLRI will also produce materials for you and your client to track any abuses.  
 
We have also attached the "3 Things You Need To Know About Photo EBT Cards" flier in English and Spanish.  If you have questions please contact Vicky Negus at MLRI, 617-357-0700 x 315.