Sec. 10.54.01.07. Income Eligibility Determination Process

A. Determining Income.

(1) In order to determine whether an applicant is income-eligible for Program participation, a local agency shall determine the applicant's income, which is determined pursuant to family size as set forth in §B of this regulation.

(2) Subject to the provisions of this regulation, a local agency shall determine an applicant’s income by adding together the sources of income for an applicant and the applicant’s family.

(3) In determining an applicant’s family income, a local agency shall consider the family’s income to be the more accurate figure between the family’s income for the previous 12 months or the family’s current rate of income for the last 30 days.

(4) If an applicant meets the income eligibility guidelines, a local agency shall declare the applicant income-eligible for WIC benefits based on the applicant's family income.

(5) An applicant shall provide to the local agency documentation of the applicant's family income, as set forth in §E of this regulation.

B. In order to determine whether an applicant is income-eligible for Program participation, a local agency shall determine the size of the applicant's family according to the following:

(1) In the case of a pregnant woman, the unborn child or children are counted only if this action allows the woman to meet income eligibility standards;

(2) An infant or child is counted in the family size of the parent, caretaker, or guardian with whom the infant or child resides;

(3) An infant, child, or other family member residing in a school or institution is counted in the family size of the parent, caretaker, or guardian who is providing economic support for that infant, child, or family member;

(4) An infant or child who is a foster child living with a family, but who remains the legal responsibility of a welfare or other agency, is counted as a family of one and payments made by the agency or other sources to the family for the care of that foster child are the income of that foster child; and

(5) An adopted child or individual for whom a family member has accepted legal responsibility is counted in the family size for that family with whom the individual resides.

C. Recording of Income Information.

(1) A local agency shall document proof of income.

(2) If an applicant claims to have no income, the applicant shall complete the form provided by the State agency declaring zero income.

D. Determining Income Eligibility.

(1) After a local agency has recorded the family size information of an applicant, the local agency shall determine whether the applicant is income-eligible for Program participation.

(2) To be considered eligible for the Program, an applicant and the applicant’s family shall have a gross income that is less than or equal to 185 percent of the poverty income guidelines issued by HHS, or shall provide documentation that the applicant is a recipient of:

(a) Food stamps under the Food Stamp Act of 1977;

(b) Benefits under Maryland's Temporary Cash Assistance program established under Part A of Title IV of the Social Security Act;

(c) Medical Assistance Program under Title XIX of the Social Security Act; or

(d) Another State-administered program that routinely requires documentation of income, if the program has income eligibility guidelines at or below the WIC Program's income guidelines.

(3) A local agency shall determine an applicant to be automatically income-eligible for the WIC Program if a member of the applicant’s family is:

(a) Receiving benefits under Maryland's Temporary Cash Assistance program; or

(b) A pregnant woman or an infant currently participating in the Medical Assistance Program under Title XIX of the Social Security Act.

(4) A local agency shall use the current poverty income guidelines issued by HHS and transmitted by the State agency in determining applicant eligibility.

(5) The State agency shall adjust the Program income eligibility guidelines annually at the time the State implements income eligibility guidelines under the Medical Assistance Program.

(6) Instream Migrant Farm Worker. A local agency shall consider that:

(a) An instream migrant farm worker applicant or the family of an instream migrant farm worker applicant with an expired verification of certification is income-eligible for Program certification if the instream migrant farm worker’s family income was determined at least once within the past 12 months; and

(b) A member of an instream migrant farm worker family is income-eligible for Program certification if the income criteria was met either in the migrant's home state before the migrant entered the stream for a particular agricultural season or in an instream area during the agricultural season.

E. Documentation of Income.

(1) An applicant shall provide to the local agency documentation of the applicant's family income.

(2) Except as provided in §E(3) of this regulation, a local agency shall accept any of the following as documentation of income:

(a) Pay stubs;

(b) Income tax returns;

(c) W-2 forms;

(d) Forms showing eligibility or benefit levels; and

(e) Documents confirming participation in another State-administered program whose income eligibility guidelines are less than or equal to the WIC Program's income eligibility guidelines.

(3) If an applicant cannot provide a document cited in §E(2) of this regulation, a local agency may confirm the applicant's participation in another State-administered program by telephoning the appropriate staff person of that program and documenting the telephone contact in the applicant's record.

(4) A local agency shall deny Program participation to an applicant who fails to provide income documentation within 30 days of the date that the individual applied for Program benefits.