(a) What must State and local agencies do to prevent and detect dual participation? Unless no women, infants, or children remain enrolled in the program, the State agency must work with the State WIC agency to develop a plan to prevent and detect dual participation, in accordance with an agreement signed by both agencies. The State agency must work with local agencies to prevent and detect dual participation. In accordance with §247.8(a)(1), the local agency must check the identification of all applicants when they are certified or recertified. In accordance with §247.8(b), the local agency must ensure that the applicant or caretaker of the applicant signs an application form which includes a statement advising the applicant that he or she may not receive CSFP benefits at more than one CSFP site at the same time.

(b) What must the local agency do if a CSFP participant is found to be committing dual participation? A participant found to be committing dual participation must be discontinued from one of the programs (WIC or CSFP), or from participation at more than one CSFP site. Whenever an individual's participation in CSFP is discontinued, the local agency must notify the individual of the discontinuance, in accordance with §247.17. The individual may appeal the discontinuance through the fair hearing process, in accordance with §247.33(a). In accordance with §247.20(b), if the dual participation resulted from the participant or caretaker of the participant making false or misleading statements, or intentionally withholding information, the local agency must disqualify the participant from CSFP, unless the local agency determines that disqualification would result in a serious health risk. The local agency must also initiate a claim against the participant to recover the value of CSFP benefits improperly received, in accordance with §247.30(c).

(Approved by the Office of Management and Budget under control number 0584-0293)

[70 FR 47063, Aug. 11, 2005, as amended at 79 FR 38751, July 9, 2014]