ENERGY-ELECTRONIC BENEFIT TRANSFER (E-EBT)

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DEPARTMENT OF HUMAN SERVICES

Income Maintenance (Volume 3)

ENERGY-ELECTRONIC BENEFIT TRANSFER (E-EBT)

9 CCR 2503-10

[Editor’s Notes follow the text of the rules at the end of this CCR Document.]

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3.10.00 ENERGY-ELECTRONIC BENEFIT TRANSFER (E-EBT)

3.10.10 E-EBT DEFINITIONS

“Client” means a current or past recipient of SNAP.

“Colorado Electronic Benefit Transfer System (CO/EBTS)” means the electronic system that enables

SNAP participants or their authorized representatives to redeem their SNAP and E-EBT benefits at point-

of-sale terminals.

“EBT account” means the account linked to the EBT card where the state department deposits benefits.

“EBT card” means the card issued to persons authorized to receive benefits to which the household’s

allotment is credited.

“Energy Electronic Benefit Transfer Benefit (E-EBT Benefit)” means the fuel assistance payment to

eligible SNAP households of at least $20.01 that qualifies those households for the heating and cooling

standard utility allowance.

“Heating/Cooling Utility Allowance (HCUA)” means a fixed deduction applied to any household that incurs

a heating or cooling expense.

“Household” means a group of individuals who live together and customarily purchase and prepare food

together for home consumption.

“Low-Income Home Energy Assistance Program (LEAP)” means the Colorado program designed to help

low-income clients pay a portion of their winter heating costs.

“Periodic Report Form (PRF)” means the report that must be submitted by the household during the

twelfth (12th) month of a twenty-four (24) month certification period. The purpose of this form is to allow

the household to report any changes that occurred during the first half of the twenty-four (24) month

certification period and for the state department to determine the household’s continued eligibility for the

remaining twelve (12) months of the household’s certification period

d during the

twelfth (12th) month of a twenty-four (24) month certification period. The purpose of this form is to allow

the household to report any changes that occurred during the first half of the twenty-four (24) month

certification period and for the state department to determine the household’s continued eligibility for the

remaining twelve (12) months of the household’s certification period.

“Person experiencing homelessness” means an individual who lacks a fixed and regular nighttime

residence or whose primary residence is: a supervised shelter designed for temporary accommodations;

a halfway house or similar facility that provides temporary residence; a place not designed for or ordinarily

used as regular sleeping accommodations for human beings; or a temporary accommodation in the

residence of another individual for ninety (90) days or less.

“Public assistance (PA)” means the same as section 26-2-103(7), C.R.S.

Code of Colorado Regulations

Secretary of State

State of Colorado

CODE OF COLORADO REGULATIONS

9 CCR 2503-10

Income Maintenance (Volume 3)

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“SNAP” means Supplemental Nutrition Assistance Program, formerly known as the Food Assistance

program, administered by the state department in Colorado.

“State department” means the office/division within the Colorado Department of Human Services that

administers E-EBT. Currently, this is the Food and Energy Assistance Division within the Office of

Economic Security.

3.10.20 OVERVIEW AND REQUIREMENTS

3.10.20.1

Purpose of E-EBT

The state department shall make the fuel assistance payments to eligible households that receive SNAP

benefits but that do not receive assistance under LEAP in order to qualify those households for the

standard utility allowance to maximize their SNAP benefits.

The rules and regulations herein are promulgated in accordance with Program regulations of the United

States Department of Agriculture (USDA), 7 U.S.C.A

rtment shall make the fuel assistance payments to eligible households that receive SNAP

benefits but that do not receive assistance under LEAP in order to qualify those households for the

standard utility allowance to maximize their SNAP benefits.

The rules and regulations herein are promulgated in accordance with Program regulations of the United

States Department of Agriculture (USDA), 7 U.S.C.A. § 2014(e)(6)(C)(iv):

Subject to subclause (II), a State agency elects to use a standard utility allowance that reflects heating

and cooling costs, the standard utility allowance shall be made available to households that received a

payment, or on behalf of which a payment was made, under the Low-Income Home Energy Assistance

Act of 1981 (42 U.S.C. § 8621 et seq.) or other similar energy assistance program, if in the current month

or in the immediately preceding 12 months, the household either received such a payment, or such a

payment was made on behalf of the household, that was greater than $20 annually, as determined by the

Secretary.

3.10.20.2

E-EBT Benefit Amount

The E-EBT benefit is a cash payment of at least $20.01. All eligible SNAP households receive the

standard benefit amount regardless of income, expenses, household size, or living arrangement. The E-

EBT benefit amount may be adjusted annually on October 1st based on available funding.

3.10.20.3

Program Eligibility Requirements

There is no application for the E-EBT program.

A.

A household is automatically eligible to receive the E-EBT benefit if they meet all of the following

criteria:

1.

The household is determined to be eligible for SNAP and is currently receiving SNAP

benefits;

2.

The household has not received LEAP at any address in the previous 12 months; and

3.

The household has not received E-EBT at any address in the previous 12 months.

B.

Households containing persons experiencing homelessness are eligible for E-EBT if they meet

the above three requirements.

C.

Verification of utility expenses is not required.

ible for SNAP and is currently receiving SNAP

benefits;

2.

The household has not received LEAP at any address in the previous 12 months; and

3.

The household has not received E-EBT at any address in the previous 12 months.

B.

Households containing persons experiencing homelessness are eligible for E-EBT if they meet

the above three requirements.

C.

Verification of utility expenses is not required.

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9 CCR 2503-10

Income Maintenance (Volume 3)

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3.10.30 BENEFIT ISSUANCE

A.

Electronic benefit issuance shall be handled by the state department through the Colorado

Electronic Benefit Transfer System (CO/EBTS).

B.

The E-EBT benefit shall be issued onto the household’s existing EBT card through the EBT

account where SNAP benefits are issued.

C.

If a SNAP household already receives cash assistance from another state public assistance

program, then the E-EBT benefit shall be issued through the same payment mechanism as the

other cash assistance.

3.10.30.1

Initial Benefit Issuance

All eligible SNAP households shall be issued their initial E-EBT benefit upon implementation of the

program. In the same month that a household is determined eligible for E-EBT, the household shall be

eligible for the HCUA in their SNAP budget.

After the initial benefit issuance, the eligibility of households for E-EBT will be determined at the time of

their SNAP application, recertification, or periodic report.

3.10.30.2

Ongoing Benefit Issuance

At the time of SNAP application, recertification, or periodic report, it shall be confirmed if the household

has received LEAP in the previous 12 months.

If the household has not received LEAP in the previous 12 months and also has not received E-EBT in

the previous 12 months, they shall be determined eligible for the E-EBT benefit. In the same month that a

household is determined eligible for E-EBT, the household shall be eligible for the HCUA in their SNAP

budget

it shall be confirmed if the household

has received LEAP in the previous 12 months.

If the household has not received LEAP in the previous 12 months and also has not received E-EBT in

the previous 12 months, they shall be determined eligible for the E-EBT benefit. In the same month that a

household is determined eligible for E-EBT, the household shall be eligible for the HCUA in their SNAP

budget.

3.10.40 NORMAL PROCESSING STANDARDS

Determination of eligibility occurs at the time of SNAP application, recertification, or periodic report. Upon

approval of benefits, E-EBT recipients shall be notified by the state department with the following

information:

A.

The amount of the household's E-EBT benefit;

B.

The EBT card point of sale limitations as listed in section 26-2-104(2), C.R.S.; and

C.

The timelines for expungement as listed in 3.10.60.

3.10.50 USING E-EBT BENEFITS

A.

The state department shall not:

1.

Impose any restriction, either direct or implied, on a client’s use of their benefit payment

including, but not limited to, requesting a client to provide receipts or proof of how the

money has been spent;

2.

Require the client to account for the use of the benefit payment, except for the Electronic

Benefit Transfer (EBT) card point of sale limitations listed in 26-2-104(2), C.R.S.; or

3.

Give assistance to creditors in the collection of the client’s debts.

CODE OF COLORADO REGULATIONS

9 CCR 2503-10

Income Maintenance (Volume 3)

a client to provide receipts or proof of how the

money has been spent;

2.

Require the client to account for the use of the benefit payment, except for the Electronic

Benefit Transfer (EBT) card point of sale limitations listed in 26-2-104(2), C.R.S.; or

3.

Give assistance to creditors in the collection of the client’s debts.

CODE OF COLORADO REGULATIONS

9 CCR 2503-10

Income Maintenance (Volume 3)

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B.

Clients shall not be allowed to access the E-EBT benefit through the Electronic Benefit Transfer

services from automated teller machines and point of sale (POS) devices as described in Section

26-2-104(2)(II)(A), (B), (C), (D), and (E), C.R.S.

3.10.60 EXPUNGEMENT

Any E-EBT benefits issued to the EBT account that are unused after 274 days from the date of issuance

will be expunged and removed from the account.

3.10.70 ERRONEOUS PAYMENTS

E-EBT payments received during a time period in which the household was later determined to not be

eligible for SNAP are not considered erroneous payments and will not be collected.