Editorial Note on Subchapter C of Chapter II
Editorial Note: Nomenclature changes to subchapter C appear by Amdt. 381, 65 FR 64586, Oct. 30, 2000.

§ 292.15 General standards. ( a ) *Timing.* Summer EBT benefits are intended for use during the summer operational period, in accordance with the Summer EBT agency's approved POM.
( b ) *Continuous school calendar.* In the case of children who attend a school operating on a continuous school calendar, the Summer EBT agency must receive approval from USDA for any alternative plans for the periods during which Summer EBT benefits must be issued and used, in accordance with the State or ITO's approved POM.
( c ) *Benefit issuance* -(1) *Providing benefits to participants.* (i) The Summer EBT agency shall ensure the timely and accurate issuance of benefits. (A) For children who can be streamline certified or who have an approved Summer EBT application on file, benefits must be issued and available for participants to use at least seven calendar days and not more than 14 calendar days before the start of the summer operational period. When the Summer EBT agency does not have sufficient data to issue a benefit to an eligible child, the agency must work to resolve the case and issue the benefit as expeditiously as possible. (B) For eligible children who apply after the summer operational period begins, benefits must be issued and available to spend not later than 15 operational days after a complete application is received by the Summer EBT agency, so that participants may use their benefits during the summer. (ii) If the Summer EBT agency issues benefits after the summer operational period, the Summer EBT agency must submit to FNS a corrective action plan outlining the reasons benefits were not issued in a timely manner, and steps the Summer EBT agency will take to ensure timely issuance in the future. (iii) The Summer EBT agency's issuance schedule does not need to align with the start of calendar months and may include staggered benefit issuance across multiple days. Regardless of the issuance schedule, Summer EBT agencies may only issue a full three months of benefits for the summer operational period. (iv) Children on applications that are selected for verification must not be issued benefits until verification is complete and eligibility is confirmed. Additional information about the verification requirements for Summer EBT applications can be found at § 292.14. (v) Summer EBT agencies must aid households with eligible children who do not reside in a permanent dwelling or have a fixed mailing address in obtaining Summer EBT benefits by assisting them in finding authorized representatives who can act on their behalf, or by using other appropriate means. ( 2 ) *Method of issuance.* Benefits may be issued: ( i ) In the form of an EBT card; ( A ) Into an existing EBT account associated with an existing EBT card; or
( B ) Into a new EBT account associated with a new EBT card;
( ii ) Through other electronic methods, as determined by the Secretary; or
( iii ) In the case of a Summer EBT agency that does not issue nutrition assistance program benefits electronically, using the same methods by which that Summer EBT agency issues benefits under the nutrition assistance program of that State.
( d ) *Dual participation.* ( 1 ) Dual participation in Summer EBT in the same summer operational period is not allowed.
( 2 ) Summer EBT agencies must develop procedures to detect and prevent dual participation across multiple States and/or ITOs, and must describe these procedures in their POMs, as explained in § 292.8(e)(9).
( e ) *Benefit amount.* ( 1 ) In 2024, the benefit will be $40 per month in the summer operational period for each eligible child, and will be adjusted in subsequent years to reflect changes in the cost of food as measured by the Thrifty Food Plan (TFP). Any year-to-year decrease of the TFP will not be implemented.
( 2 ) In Alaska, Hawaii, Guam, American Samoa, Puerto Rico, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands, the Secretary may establish appropriate adjustments for each such State to the national average payment rates to reflect the differences between the costs of foods in those States and the costs of foods in all other States.
( 3 ) Benefit amounts will be issued in an amount equal to the unrounded benefit amount from the prior year, adjusted to the nearest lower dollar increment to reflect changes to the cost of the diet described in section 3(u) of the Food and Nutrition Act of 2008 (7 U.S.C. 2012(u)) for the 12-month period ending on November 30 of the preceding calendar year and rounded to the nearest lower dollar increment. Rates will be effective January 1 through December 31 of each year.
( 4 ) Summer EBT agencies may not prorate benefits for partial months and must issue the full three months of summer benefits to each eligible child.
( f ) *Benefit allotments.* ( 1 ) The Summer EBT agency may issue benefit allotments to a child in a single issuance prior to the start of the summer operational period, or multiple issuances provided that the first issuance occurs before the start of the summer operational period.
( 2 ) In providing benefit allotments Summer EBT agencies: ( i ) May stagger issuance throughout the month.
( ii ) Must establish an availability date for household access to their benefits and inform households of this date.
( iii ) Must issue the full benefit amount for all summer months to each eligible child who applies before the last day of the summer period, independent of the date of application submission or eligibility determination.
( iv ) Must adhere to the reporting requirements specified by USDA, regardless of the issuance schedule used.
( g ) *Participant support* — ( 1 ) *Household training.* The Summer EBT agency must provide written training materials to each eligible household prior to Summer EBT benefit issuance and as needed during ongoing operation of the Summer EBT Program. At a minimum, the household training must include: ( i ) Content which will familiarize each eligible household with: ( A ) Where benefits can be used;
( B ) What benefits can be used to purchase; and
( C ) Unallowable uses of benefits, and penalties for misuse;
( ii ) The appropriate utilization and security of the personal identification number (PIN);
( iii ) The established procedures to provide customer service during non-business hours that enable participants or proxies to report a lost, stolen, or damaged card, report other card or benefit issues, receive information on the EBT food balance, and receive the current benefit end date;
( iv ) Eligibility criteria for the Program;
( v ) Written materials and other information, including the specific rights to benefits. This must include the USDA statement of non-discrimination. Written materials must be prepared at an educational reading level suitable for participant households; and
( vi ) Disclosure information regarding adjustments and a household's rights to notice, fair hearings, and provisional credits. The disclosure must also state where to call to dispute an adjustment and request a fair hearing.
( 2 ) *EBT cards and PINs.* Summer EBT agencies which issue EBT cards by mail must, at a minimum, use first class mail and sturdy non-forwarding envelopes or packages to send Summer EBT cards to households. ( i ) The Summer EBT agency must permit a Summer EBT eligible household to select their PIN.
( ii ) PIN assignment procedures must be permitted in accordance with industry standards as long as PIN selection is available to households if they so desire and households are informed of this option.
( iii ) If assigning a PIN by mail in conjunction with card issuance, Summer EBT agencies must mail the PIN separate from the card one business day after the card is mailed.
( 3 ) *Adjustments.* The Summer EBT agency: ( i ) May make adjustments to benefits posted to household accounts after the posting process is complete but prior to the availability date for household access in the event benefits are erroneously posted.
( ii ) Must make adjustments to an account to correct an auditable, out-of-balance settlement condition that occurs during the redemption process as a result of a system error.
( 4 ) *Providing replacement EBT cards or PINs.* The Summer EBT agency must make replacement EBT cards available for pick up or place the card in the mail within two business days following notice by the household to the Summer EBT agency that the card has been lost, stolen or damaged. ( i ) The Summer EBT agency must ensure a duplicate account is not established which would permit households to access more than one account in the system.
( ii ) An immediate hold must be placed on accounts at the time notice is received from a household regarding the need for card or PIN replacement. The Summer EBT agency must implement a reporting system which is continually operative. Once a household reports their EBT card has been lost or stolen, the agency must assume liability for benefits subsequently drawn from the account and replace any lost or stolen benefits to the household. The Summer EBT agency must maintain a record showing the date and time of all reports by households that their card is lost or stolen.
( 5 ) *Providing replacement EBT benefits.* The Summer EBT agency must make replacement EBT benefits available to a household when the household reports that food purchased with Summer EBT benefits was destroyed in a household misfortune or disaster.
( h ) *Expungement* — ( 1 ) *General expungement procedures* — ( i ) Summer EBT agencies shall expunge Summer EBT benefits 122 calendar days after their issuance.
( ii ) No less than 30 days before benefit expungement is scheduled to begin, Summer EBT agencies must provide notice to the household of the expungement date and amount that is scheduled for expungement.
( iii ) Expunged benefits shall not be reinstated.
( 2 ) *Procedures to adjust Summer EBT accounts.* The Summer EBT agency shall establish procedures to adjust Summer EBT benefits that have already been posted to an EBT account prior to the household accessing the account, or to remove benefits from inactive accounts for expungement. ( i ) Whenever benefits are expunged, the Summer EBT agency must document the date and amount of the benefits in the household case file.
( ii ) Issuance reports must reflect the adjustment to the Summer EBT agency issuance totals to comply with reporting requirements in § 292.23.
( i ) *Expungement Procedures specific to States that administer the supplemental nutrition assistance program (SNAP).* ( 1 ) Summer EBT agencies that load Summer EBT benefits onto existing SNAP accounts must draw down Summer benefits prior to drawing from the household's SNAP benefits.
( 2 ) Expunged benefits must be returned to the State's Summer EBT account and must not be co-mingled with SNAP funds.