[Federal Register Volume 76, Number 57 (Thursday, March 24, 2011)]
[Notices]
[Pages 16599-16603]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-6946]
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DEPARTMENT OF AGRICULTURE
Food and Nutrition Service
Special Supplemental Nutrition Program for Women, Infants and
Children (WIC): Income Eligibility Guidelines
AGENCY: Food and Nutrition Service, USDA.
ACTION: Notice.
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SUMMARY: The Department announces adjusted income eligibility
guidelines to be used by State agencies in determining the income
eligibility of persons applying to participate in the Special
Supplemental Nutrition Program for Women, Infants and Children Program
(WIC). These income eligibility guidelines are to be used in
conjunction with the WIC Regulations.
DATES: Effective Date: July 1, 2011.
FOR FURTHER INFORMATION CONTACT: Anne Bartholomew, Branch Chief, Policy
Branch, Supplemental Food Programs Division, FNS, USDA, 3101 Park
Center Drive, Alexandria, Virginia 22302, (703) 305-2746.
SUPPLEMENTARY INFORMATION:
Executive Order 12866
This notice is exempt from review by the Office of Management and
Budget under Executive Order 12866.
Regulatory Flexibility Act
This action is not a rule as defined by the Regulatory Flexibility
Act (5 U.S.C. 601-612) and thus is exempt from the provisions of this
Act.
Paperwork Reduction Act of 1995
This notice does not contain reporting or recordkeeping
requirements subject to approval by the Office of Management and Budget
in accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
3507).
Executive Order 12372
This program is listed in the Catalog of Federal Domestic
Assistance Programs under No. 10.557, and is subject to the provisions
of Executive Order 12372, which requires intergovernmental consultation
with State and local officials (7 CFR part 3015, Subpart V, 48 FR
29114, June 24, 1983, and 49 FR 22676, May 31, 1984).
Description
Section 17(d)(2)(A) of the Child Nutrition Act of 1966, as amended
(42 U.S.C. 1786(d)(2)(A)) requires the Secretary of Agriculture to
establish income criteria to be used with nutritional risk criteria in
determining a person's eligibility for participation in the WIC
Program. The law provides that persons will be income eligible for the
WIC Program only if they are members of families that satisfy the
income standard prescribed for reduced-price school meals under section
9(b) of the Richard B. Russell National School Lunch Act (42 U.S.C.
1758(b)). Under section 9(b), the income limit for reduced-price school
meals is 185 percent of the Federal poverty guidelines, as adjusted.
Section 9(b) also requires that these guidelines be revised
annually to reflect changes in the Consumer Price Index. The annual
revision for 2011/2012 was published by the Department of Health and
Human Services (HHS) at 76 FR 3637, January 20, 2011. The guidelines
published by HHS are referred to as the poverty guidelines. Section
246.7(d)(1) of the WIC regulations (Title 7, Code of Federal
Regulations) specifies that State agencies may prescribe income
guidelines either equaling the income
[[Page 16600]]
guidelines established under section 9 of the Richard B. Russell
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 WIC income guidelines to State or local health
care guidelines, the State cannot establish WIC guidelines which exceed
the guidelines for reduced-price school meals, or which are less than
100 percent of the Federal poverty guidelines. Consistent with the
method used to compute income eligibility guidelines for reduced-price
meals under the National School Lunch Program, the poverty guidelines
were multiplied by 1.85 and the results rounded upward to the next
whole dollar.
At this time, the Department is publishing the maximum and minimum
WIC income eligibility guidelines by household size for the period July
1, 2011, through June 30, 2012. Consistent with section 17(f)(17) of
the Child Nutrition Act of 1966, as amended (42 U.S.C. 1786(f)(17)), a
State agency may implement the revised WIC income eligibility
guidelines concurrently with the implementation of income eligibility
guidelines under the Medicaid Program established under Title XIX of
the Social Security Act (42 U.S.C. 1396, et seq.). State agencies may
coordinate implementation with the revised Medicaid guidelines, i.e.,
earlier in the year, but in no case may implementation take place later
than July 1, 2011.
State agencies that do not coordinate implementation with the
revised Medicaid guidelines must implement the WIC income eligibility
guidelines on July 1, 2011. The first table of this Notice contains the
income limits by household size for the 48 contiguous States, the
District of Columbia, and all Territories, including Guam. Because the
poverty guidelines for Alaska and Hawaii are higher than for the 48
contiguous States, separate tables for Alaska and Hawaii have been
included for the convenience of the State agencies.
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Authority: 42 U.S.C. 1786.
Dated: March 18, 2011.
Julia Paradis,
Administrator.
[FR Doc. 2011-6946 Filed 3-23-11; 8:45 am]
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