SNAP Benefit Replacement for Stolen Benefits: Claims and Pending Bills

SNAP benefit replacement for stolen benefits is no longer available through the federal government. The program that let households recover funds lost to skimming, cloning, and phishing expired on December 20, 2024, and Congress has not renewed it. Whether you can recover stolen benefits now depends entirely on your state.1Food and Nutrition Service. Addressing Stolen SNAP Benefits

Where Things Stand Now

Since December 21, 2024, no federal law requires states to replace SNAP benefits stolen by any method. USDA’s Food and Nutrition Service has notified state agencies that the replacement authority has sunset.1Food and Nutrition Service. Addressing Stolen SNAP Benefits

Some states are still processing claims for thefts that happened on or before December 20, 2024, because those thefts occurred while the federal program was active. Thefts that happen now generally have no federal reimbursement behind them. A handful of states have used their own funds to keep replacement running, but this varies widely and can change with state budgets.

The practical step: call your state SNAP agency and ask two questions. First, does the state currently replace benefits stolen through electronic theft using state funds? Second, if the theft happened before December 21, 2024, can you still file a claim under the expired federal program? Get the answer in writing if you can.

What the Expired Federal Program Covered

Congress created the replacement program through Section 501 of the Consolidated Appropriations Act, 2023. It applied to thefts occurring between October 1, 2022, and, after one extension, December 20, 2024. The American Relief Act, 2025 did not extend it further.1Food and Nutrition Service. Addressing Stolen SNAP Benefits

Three categories of electronic theft qualified: skimming, where devices attached to card readers captured EBT card data; card cloning, where stolen data was used to make duplicate cards; and phishing, where scammers tricked recipients into revealing PINs or account information. Physical loss of a card, or unauthorized use by someone the cardholder had given the card and PIN to, did not qualify.

Replacement was capped at the lesser of the actual amount stolen or two months of the household’s benefit allotment at the time of the theft. Households could file no more than two replacement claims per federal fiscal year. A household hit by a large or repeated theft could still end up short.

Households typically had 30 calendar days from discovering the theft to request a replacement, then roughly 10 days to complete and return the claim form with documentation. If you had a theft in that window and never filed, contact your state agency now to see whether a late claim is still possible.

What to Do If Your Benefits Are Stolen Today

Even without a guaranteed replacement, acting quickly limits your losses and preserves your options if your state offers help or if Congress restores the program with retroactive coverage.

  • Call EBT customer service immediately. The number is on the back of your card. Report the unauthorized transactions and have the card deactivated. Every minute a compromised card stays active is another chance for the thief to keep draining it.
  • Request a new card and choose a new PIN. Pick a PIN you haven’t used before.
  • Document the theft. Pull your transaction history and note the date, amount, and location of every transaction you didn’t make. Save screenshots or printouts. This record matters for any claim, hearing, or investigation.
  • File a police report. A police report creates an official record of the crime, can strengthen a replacement request, and helps law enforcement track skimming patterns.
  • Contact your state SNAP agency. Ask specifically whether a state-funded replacement exists and what documentation is required. Even if the answer is no today, filing a report creates a paper trail.

If Your Claim Is Denied

If you filed a claim while the federal program was active and your state denied it, or if your state runs its own replacement program and denies your request, you have the right to a fair hearing. Federal regulations give you 90 days from the date of the adverse action to request one.2eCFR. 7 CFR 273.15 – Fair Hearing

At the hearing you can examine the agency’s documents, present your own evidence, bring witnesses, and question anyone testifying against your claim. You can represent yourself or bring a lawyer or other representative. The state must resolve the hearing and notify you of the decision within 60 days of receiving your request.2eCFR. 7 CFR 273.15 – Fair Hearing

The strongest evidence is usually your EBT transaction history: purchases in locations you couldn’t have been, at times that don’t match your routine, or in amounts inconsistent with your normal spending. Transactions in a different city or state speak for themselves. Pair that with a sworn statement and a police report. Hearing requests can be made in writing or verbally, and a hearing officer can accept a late filing if you show good cause.

Pending Bills That Could Restore Replacement

Several bills in the 119th Congress would bring back or expand stolen benefit replacement. The Fairness for Victims of SNAP Skimming Act of 2025 (S. 1540) would remove the two-month cap and let households recover the full amount stolen.3Congress.gov. S.1540 – Fairness for Victims of SNAP Skimming Act of 2025 The SNAP Anti-Theft and Victim Compensation Act of 2025 (H.R. 3887) takes a similar approach. The MEALS Act would extend theft replacement to Summer EBT benefits, which currently have no federal replacement mechanism at all.4Goldman.house.gov. Goldman, Bonamici Introduce Legislation to Safeguard Summer EBT Benefits for Children None of these bills has been signed into law. Your state SNAP agency’s website and the USDA Food and Nutrition Service page are the places to watch for updates.

Protecting Your Card Until the Rules Change

Prevention matters more than ever with no guaranteed replacement in place. Skimming is still the dominant method thieves use.

  • Change your PIN monthly. USDA recommends changing your PIN at least once a month, ideally right before your benefit issuance date. A PIN captured by a skimmer is useless once it’s changed.1Food and Nutrition Service. Addressing Stolen SNAP Benefits
  • Inspect card readers before swiping. Skimming devices are often loose overlays attached to legitimate readers. Wiggle the card slot and keypad. If anything moves or looks different from other readers in the store, use another terminal or pay at the register.
  • Shield your PIN entry. Cover the keypad with your other hand. Skimmers often pair with tiny cameras aimed at the keys.
  • Use card lock features if your state offers them. Some states have mobile apps that let you turn your EBT card on and off. Keeping the card locked except at the moment of purchase closes the window for thieves to use cloned data.
  • Check your balance frequently. The sooner you spot an unauthorized transaction, the faster you can shut down the compromised card.

New chip-enabled EBT cards, which generate a unique code for each transaction and make cloned cards essentially worthless, are being rolled out state by state under a USDA standard published in August 2024.5Food and Nutrition Service. SNAP EBT Modernization Until your state issues one, the steps above are your main line of defense.