State-Funded EBT Theft Replacement After the Federal Sunset

If your SNAP benefits were stolen through card skimming, cloning, or a phishing scam, whether you can get them back depends on your state. Federal funding for stolen EBT benefits replacement ended on December 20, 2024, and Congress has not restored it. Some states have passed their own laws to cover the loss out of state budgets. Many have not. The deadline to file is short, so the first call matters more than almost anything else you do.

What the Federal Sunset Changed

The Consolidated Appropriations Act of 2023 authorized federal funds to replace SNAP benefits stolen through electronic theft between October 1, 2022, and September 30, 2024, later extended through December 20, 2024. The American Relief Act of 2025, signed on December 21, 2024, did not extend that coverage further. Benefits stolen after December 20, 2024, cannot be replaced with federal dollars.¹

There is still one window open under federal rules: if your theft occurred between October 1, 2022, and December 20, 2024, you can submit a claim to your state SNAP agency for federally funded replacement, provided the claim meets your state’s approved plan requirements. Anything stolen after December 20, 2024, is on the states. The USDA has said states may replace stolen benefits with their own funds, but there is no guarantee of federal reimbursement.

Does Your State Replace Stolen Benefits?

A handful of states have stepped in with their own programs. The rules, caps, and deadlines vary, so your state’s specifics decide the outcome.

California. Assembly Bill 121 created a state-funded framework for replacing CalFresh benefits lost to electronic theft.² The California Department of Social Services runs the reporting process and requires claims within 90 calendar days of the theft.³

New York. New York amended its social services law to authorize replacement of both SNAP and Temporary Assistance cash benefits stolen after December 20, 2024. The replacement amount is capped at the lesser of the stolen amount or two months of the household’s allotment immediately before the theft, and the state must issue replacement funds within five days of receiving the signed theft statement.⁴ Coverage includes cash benefits taken through skimming, cloning, and phishing.⁵ The filing deadline is 30 days from the date you discovered the theft.

Maryland. Maryland codified its program through SB2/HB502, now at Maryland Human Services Code Sections 5-609 and 5-610, with dedicated budget codes covering both SNAP and cash benefit theft.⁶

Other states may have enacted similar legislation or be considering it. Start with the USDA stolen-benefits page, which links to state SNAP directories, or call your local SNAP office directly to ask whether state funds are available for post-sunset thefts.

If Your State Has No Program

If you live somewhere without a state replacement law, the USDA has confirmed there is currently no federal safety net for benefits stolen after December 20, 2024.¹ You should still:

Call your state’s EBT customer service line the same day you spot the theft and have the compromised card deactivated.
Request a new card immediately.
File a police report. It will not restore benefits, but it creates an official record of the crime.
Contact your state legislator’s office. Constituent pressure helped push California, New York, and Maryland to act.

Beyond that, your protection comes from prevention, covered below.

Act Fast: The Deadlines Are Short

States that offer replacement set strict filing windows, and missing the deadline forfeits the claim. California gives you 90 calendar days from the theft.³ New York gives you 30 days from discovery.

The single most important step after seeing suspicious charges is calling your state’s EBT customer service line the same day. That call deactivates the card and starts the official report. You can gather paperwork afterward.

What You’ll Need to File

Pull together these records before submitting:

Your full EBT transaction history showing the fraudulent charges, including dates, times, merchant names, and store numbers. Most states let you pull this from a mobile app or EBT portal.
Your state’s theft report form. California uses the “Report of Electronic Theft” (EBT 2259). Other states use forms with titles like “Declaration of Stolen Benefits” or “Affidavit of Non-Receipt.” Check your state Department of Social Services website.
A sworn statement declaring that you did not authorize the transactions and did not share your card or PIN.
Proof you’ve reported the stolen card and received a replacement. Restored benefits cannot be deposited to a compromised card.

A police report is not required in most states, but filing one creates an independent record and can speed verification. Some states may ask for additional information or notarized documents.

Most agencies accept claims through an online portal, by mail, or in person at a county office. Keep copies of everything you submit along with any confirmation number. You’ll need those if the claim is denied and you want to appeal. Once approved, replacement benefits post directly to your new EBT card.

How Much You Can Get Back

Replacement is capped at the lesser of the actual amount stolen or the household’s benefit allotment for the two months immediately before the theft.⁷ If a thief drained three months of accumulated benefits, you can recover at most two.

Most programs also limit you to two replacement claims per federal fiscal year, which runs October 1 through September 30. A third skim in the same fiscal year will not be replaced regardless of the amount. Replacement benefits are not subject to recoupment once issued.

What Counts as a Covered Theft

These programs target electronic fraud where someone took your card data without your knowledge. Covered methods include card skimming (a device on a card reader that copies your magnetic stripe), card cloning (a duplicate card made from stolen data), and phishing (fake texts or calls that trick you into revealing your PIN).⁵

Claims are denied when the card was physically lost or when the cardholder gave their card or PIN to someone else. Handing your card to a friend to pick up groceries disqualifies the transaction from replacement if that person misuses it, even when the intent was innocent. The programs are funded for external criminal activity, not shared-access situations.

Filing a false claim carries real consequences. Federal law imposes criminal penalties for fraudulent use of SNAP benefits: for amounts between $100 and $5,000, a first conviction can result in a fine up to $10,000, imprisonment up to five years, or both.⁸ A court can also suspend the person from SNAP for up to 18 months. Investigators cross-reference transaction data with reported thefts in the area to catch patterns.

If Your Claim Is Denied

Federal regulations guarantee every SNAP household the right to a fair hearing to challenge a state agency action.⁹ You have 90 days from the date of the denial to request one.¹⁰

You can request a hearing orally or in writing. A phone call to your local SNAP office counts, and the agency must process the request once you express a desire to appeal. You don’t need a lawyer. You can represent yourself or bring a friend, family member, or advocate. During the hearing you have the right to review all documents the agency plans to use, present your own evidence, bring witnesses, and cross-examine the agency’s witnesses.⁹ The written decision is binding on the state agency.

Protecting Your Card from the Next Skim

With replacement coverage uneven across states, prevention matters more than it did. The USDA recommends:⁷

Change your PIN at least monthly, ideally right before your benefit issuance date. Avoid combinations like 1234 or 1111.
Cover the keypad every time you enter your PIN. Skimmers often pair with a hidden camera aimed at the keys.
Never share your PIN or card number. State agencies and EBT processors will not call or text to ask for your PIN.
Check your balance frequently. The sooner you spot unauthorized charges, the sooner you can freeze the card.

Most states now offer a card lock feature through mobile apps like ConnectEBT, ebtEDGE, or third-party apps. When your card is locked, new deposits still arrive on schedule, but no one can spend the balance until you unlock it. Some states offer an auto-relock setting that re-freezes the card 30, 60, or 90 minutes after you unlock it. If your state supports card locking, use it between shopping trips.

Chip-Enabled EBT Cards

The long-term fix for magnetic stripe skimming is the move to chip-enabled EBT cards. The USDA’s Food and Nutrition Service published the X9.58-2024 EBT technical standard in August 2024 and is working with states on the rollout. Chip cards generate a unique transaction code for each purchase, which makes cloned cards useless. Some states have begun issuing chip EBT cards, though there is no federal deadline requiring every state to complete the transition. Retailers in all states are already required to be prepared to accept chip EBT cards from out-of-state shoppers.¹¹

Is Federal Replacement Coming Back?

Not yet. The Enhanced Cybersecurity for SNAP Act (H.R. 7658) was introduced in the House in February 2026 and referred to the Agriculture Committee, but it has not advanced beyond introduction.¹² If enacted, it would require the USDA to transition all SNAP participants from magnetic stripe cards to chip technology within five years, require states to provide free replacement cards within three days of a theft report, and have the federal government cover the cost of the upgrade. A companion bill has been introduced in the Senate. Neither has had a committee vote, and the outlook is uncertain. Until something passes, the state-by-state patchwork is the only source of replacement funding.

1
United States Department of Agriculture. Supplemental Nutrition Assistance Program – Sunset of Replacement of Stolen Benefits Plans
2
California Legislative Information. AB-121 CalFresh Benefits – Electronic Theft
3
California Department of Social Services. EBT Electronic Theft Resources
4
New York State Senate. NY State Senate Bill 2025-S8130
5
New York State Office of Temporary and Disability Assistance. EBT Scam Alert
6
Maryland Department of Human Services. Action Transmittal 24-31 – Phase III Restoration of Stolen Benefits
7
Food and Nutrition Service. Addressing Stolen SNAP Benefits
8
Office of the Law Revision Counsel. 7 USC 2024 – Violations and Enforcement
9
eCFR. 7 CFR Part 273 Subpart F – Disqualification and Claims
10
eCFR. 7 CFR 273.15 – Fair Hearings
11
Food and Nutrition Service. SNAP EBT Modernization
12
Congress.gov. H.R.7658 – 119th Congress (2025-2026) – Enhanced Cybersecurity for SNAP Act