1. (1) General. This section covers the replacement of ATP cards lost or stolen in the mail prior to receipt, undeliverable ATPs, and ATPs stolen or destroyed after receipt.

2. (2) Replacement of ATP Stolen or Lost in the Mail Prior to Receipt.

   1. (a) The Eligibility Worker shall authorize a replacement ATP for ATPs stolen or lost in the mail prior to receipt only:

      1. 1. If the ATP is reported stolen or lost in the mail in the period of its intended use; and
      2. 2. If the household requesting the replacement has not already been issued two replacements in the previous 5 months. Note: A replacement of a replacement is considered as two replacements. If a household receives a replacement of a replacement ATP, the household is not entitled to another replacement for the next 5 months.

   2. (b) Period of Intended Use.

      1. 1. If the ATP was issued on or before the 20th of the month, the period of intended use is the month during which it was issued.
      2. 2. If the ATP was issued after the 20th of the month, the period of intended use is 20 days from their issuance date.
   3. (c) Reserved for future use.

   4. (d) Deny or Delay Replacements When Fraud Is Indicated.

      1. 1. The Eligibility Worker shall deny or delay replacement of the ATP in cases in which documentation indicates that the request for replacement is fraudulent. This would include but is not limited to the following:
   5. (i) The household’s original ATP has already been transacted and the signature on the original ATP matches the signature on the replacement request.

   6. (ii) The household was not issued an ATP for the time in question.

      1. 2. The household shall be informed of its right to a fair hearing to contest the denial or delay of the ATP. The denial or delay of the replacement ATP shall remain in effect pending the hearing decision.
3. (3) Lost or Misplaced ATP Cards. The Eligibility Worker shall not authorize a replacement ATP card to a household which reports that its ATP card was lost or misplaced after being received.

4. (4) Stolen/Destroyed ATP Cards. A household may request a replacement for an ATP card which it had received but which was subsequently destroyed in a household disaster such as fire or flood or stolen.

   1. (a) Household’s Responsibilities.

      1. 1. To qualify for a replacement, the household must report the theft/destruction of the ATP card to the local Food Stamp office within 10 days of the incident or within the period of intended use, whichever is earlier.
      2. 2. The household must also sign a Non-Receipt Affidavit/Replacement Authorization:
   2. (i) Attesting to the theft/destruction of the household’s ATP card;
   3. (ii) Stating that the original ATP will be returned to the state agency if recovered by the household; and
   4. (iii) Stating that the household is aware of the penalties for intentional misrepresentation of the facts.

   5. (b) Period of Intended Use.

      1. 1. For ATPs issued on or before the 20th of the month, the period of intended use is the month of issuance.
      2. 2. For ATPs issued after the 20th of the month, the period of intended use is 20 days from their issuance date.

   6. (c) County Office’s Responsibilities.

      1. 1. Eligibility Worker’s Responsibility.
   7. (i) Reserved for future use.
   8. (ii) Reserved for future use.

   9. (iii) Examine the case record for notation of previous requests by the household for replacement of an ATP reported stolen or destroyed subsequent to receipt.

      1. (I) Replacement of an ATP reported as stolen subsequent to receipt shall be made only once in a 6 month period. If in the previous 5 months the household has been issued a replacement for an ATP reported as stolen subsequent to receipt, then a request for a replacement of a stolen ATP shall be denied.
      2. (II) Replacement of an ATP or coupons reported as destroyed subsequent to receipt shall be made only once in a 6 month period. If in the previous 5 months the household has been issued a replacement for either coupons or an ATP reported as destroyed subsequent to receipt, then replacement shall be denied.
   10. (iv) Issue a replacement ATP card, if warranted, within 10 calendar days of receipt of the request for replacement.
   11. (d) In cases in which an ATP replacement is requested, but documentation exists substantiating that the request for replacement is fraudulent, replacement of the ATP shall be denied or delayed. However, in that event the household shall be informed of its right to a fair hearing to contest the denial or delay of the replacement ATP. The denial or delay shall remain in effect pending the hearing decision. To deny or delay a replacement the Eligibility Worker must have documentation substantiating fraud, such as a match between the signature on the original ATP that had been transacted and the signature on the replacement request.
   12. (e) FNS Disasters. Where FNS has issued a disaster declaration and the household is eligible for emergency Food Stamp benefits, the household shall not receive both the disaster allotments and a replacement allotment.

Authority: T.C.A. § 14-27-104 and 7 CFR 273.11, 273.12, 273.13, 273.14, and 273.19. Administrative History: Original rule filed August 15, 1980; effective September 29, 1980. Amendment filed March 1, 1982; effective April 15, 1982.