Recent DTA SNAP policy re out-of-state purchases

FoodSNAP

You may recently have seen or heard about a DTA policy memo instructing staff to close benefits of SNAP households that have a long pattern (more than 90 days) of use of their EBT card for out-of-state food purchases and cannot verify their MA residence. Here's a link to the recent DTA Operations Memo 2011-60, available on MLS: http://www.masslegalservices.org/content/ops-memo-2011-60-snap-out-state-accessing-snap-benefits 

Note:  There is NO federal or state law barring use of EBT benefits to purchase food in another state. Recipients may work in a border state, some food may be cheaper or more convenient in a border state, such as New Hampshire, or they may visit family out-of-state. The issue here is whether the person has, in fact, moved out of state and not told DTA of their new residence. Further, in no case, may any SNAP household receive benefits at the same time from two or more states. The DTA guidance is on the heels of federal guidance in November 2011 re prisoner matches, death matches and duplicate state benefits: fns-prod.azureedge.net/sites/default/files/111511.pdf [Editor's Note: Link is no longer active]

We have learned that approximately 500 SNAP cases (about 1% of the SNAP caseload) were identified under this policy and sent letters requesting confirmation of residence. The cases involved MA SNAP recipients with food purchases that occurred in states other than the border states of VT, CT, NH, ME, and RI; and in the case of NY, involved purchases made at stores a substantial distance from the NY/MA border. Ops Memo 2011-66 is confusing, however, because it does not indicate which states were identified in the out-of-state EBT purchases, nor does it clarify that there is nothing illegal about periodic out-of-state purchases or border state purchases. Further, the sample client notice does not really tell people what's going on, nor does it identify the full range of verifications acceptable for proof of residence in the state. See 106 CMR 361.160(H).

PLEASE LET US KNOW if you hear of any cases involving closure of benefits where the SNAP recipient has NOT abandoned his or her residence. We heard from one organization in WMass where a client mistakenly thought she would lose her benefits if she made any out-of-state purchases (e.g. across the border). That is not correct policy and SNAP recipients should not fear loss of benefits in that case. Persons who no longer reside in MA, obviously, are not SNAP eligible in Massachusetts and should be advised to promptly inform DTA of their move. They can also be advised of their right to reapply in their new state if otherwise eligible. (SNAP is a federal program, available in all states).

REMINDER:  Next Food SNAP Coalition meeting with Commissioner Curley, Tuesday, January 24th
TRAINING:  Food Stamps/SNAP 101 Training, Wednesday, February 1st