Md. Code Regs. 10.54.01.18

Current through Register Vol. 51, No. 25, December 13, 2024

Section 10.54.01.18 - Receipt of Benefits

A. Nutrition Benefits. A local agency shall:

(1) Ensure that nutrition education is offered every 3 months to the participant or the parent, proxy, guardian, or caretaker of an infant or child participant during each certification period;

(2) Provide a nutrition care plan to the participant, based on the need for this plan as determined by a competent professional authority, and to a participant, parent, proxy, guardian, or caretaker who requests a nutrition care plan;

(3) Ensure that a competent professional authority or competent paraprofessional authority determines the selection of the food package according to the category and nutritional need of the participant; and

(4) Ensure that the food package is consistent with foods allowed under the provisions of 7 CFR § 246.10, which is incorporated by reference in Regulation .03 of this chapter.

B. Proxies.

(1) If a participant or a child or infant participant's parent, guardian, or caretaker is unable to pick up or redeem WIC benefits, the participant or the child or infant participant's parent, guardian, or caretaker may name a proxy to pick up benefits, redeem them, or both.

(2) A participant or a child or infant participant's parent, guardian, or caretaker shall register the name of the proxy with the local agency before the proxy may perform any WIC-related activity.

(3) The Program may remove an individual who violates Program standards from serving as a proxy.

(4) A participant or a child or infant participant's parent, guardian, or caretaker may replace a proxy with another individual.

(5) A participant or a child or infant participant's parent, guardian, or caretaker shall advise a proxy of the:

(a) Proxy's obligations under the Program;

(b) Program violations;

(c) Participant and proxy sanctions; and

(d) Authorized food stores.

C. Receipt of Food Benefits.

(1) Except as provided in §B(3) and (4) of this regulation, a participant or the participant's proxy shall report to a designated site at designated times to receive food benefits prepared for that participant and to acknowledge receipt of the benefits.

(2) When distributing food benefits, a local agency shall check a participant's identification.

(3) A local agency may mail or otherwise deliver food benefits to participants on a local agency-wide basis if the State agency approves this action on the basis of a hardship that may be encountered by the target population, such as seasonally inclement weather.

(4) A local agency may mail or otherwise deliver food benefits to the participant or the participant's parent, guardian, or caretaker who in writing requests this delivery and explains why it is necessary if a participant and the participant's proxy are unable to report to the designated site to receive food benefits due to a hardship, including, but not limited to:

(a) Illness;

(b) Handicap;

(c) Imminent childbirth; or

(d) Difficulty of access to the site.

(5) If the hardship cited in §C(4) of this regulation does not allow time for a written request to be made, a local agency may act on a verbal request for the upcoming benefit distribution period only and shall follow the procedure set forth in §C(4) of this regulation if the hardship continues.

(6) When the hardship is resolved, a local agency shall continue with normal benefit issuance procedure.

D. Receipt and Consumption of Food.

(1) To obtain WIC-authorized foods, a participant or proxy shall

(a) Present to a WIC-authorized vendor the:

(i) Participant's WIC identification folder, and

(ii) Food instrument; and

(b) Sign the instrument in the presence of the vendor and present it to the vendor within the valid dates printed on the instrument complete transactions at WIC-authorized vendors.

(2) Only the participant for whom the food package was prescribed shall consume food obtained with a WIC food instrument.

Md. Code Regs. 10.54.01.18

Regulations .18 adopted effective March 25, 1996 (23:6 Md. R. 476); amended effective 47:10 Md. R. 519, eff. 5/18/2020