Finding Text
2 CFR § 400 gives regulatory effect to the Department of Agriculture for 2 C.F.R § 200.303(a) which provides that the non-Federal entity must establish and maintain effective internal control over the Federal award that provides reasonable assurance that the non-Federal entity is managing the Federal award in compliance with Federal statutes, regulations, and the terms and conditions of the Federal award. 7 CFR § 246.7(c) states to qualify for the program, infants, children, and pregnant, postpartum, and breastfeeding women must: (i)Reside within the jurisdiction of the State (except for Indian State agencies). Indian State agencies may establish a similar requirement. All State agencies may determine a service area for any local agency, and may require that an applicant reside within the service area. However, the State agency may not use length of residency as an eligibility requirement. (ii) Meet the income criteria specified in paragraph (d) of this section. (iii) Meet the nutritional risk criteria specified in paragraph (e) of this section. 7 CFR § 246.7(d) states the State agency shall establish, and provide local agencies with, income guidelines, definitions, and procedures to be used in determining an applicant's income eligibility for the Program. 7 CFR § 246.7(d)(1) states the State agency may prescribe income guidelines either equaling the income guidelines established under section 9 of the National School Lunch Act for reduced-price school meals or identical to State or local guidelines for free or reduced-price health care. However, in conforming Program income guidelines to health care guidelines, the State agency shall not establish Program guidelines which exceed the guidelines for reduced-price school meals or are less than 100 percent of the revised poverty income guidelines issued annually by the Department of Health and Human Services. Program applicants who meet the requirements established by paragraph (d)(2)(vi)(A) of this section shall not be subject to the income limits established by State agencies under this paragraph. Due to the lack of controls over the eligibility application process, of the eligibility applications tested for fiscal year 2024, 6.7% were not signed by the applicant or WIC personnel to indicate review of application and agreement with the eligibility determination nor did they contain the information necessary to determine WIC income-based eligibility, including household size or indication of the measurement period of paycheck stubs presented during the application appointment (monthly, bi-weekly, twice a month, weekly). Lack of controls in place by reviewing and signing applications could result in benefits provided to ineligible participants. The Board of Health WIC personnel should implement additional control practices for the review and approval for WIC eligibility for participants. In addition, WIC personnel ensure all supporting documentation has been obtained in order to determine participant eligibility.