Misrepresenting Your Living Arrangement to Get WIC Benefits

My question involves child support in the State of: Ohio

The girlfriend of my brother just had a child a couple months ago. She has since gone on WIC to get assistance with formula. On the application it asked if she and the father lived together, or something to that effect, and she answered no. But she does and his income would push them WAY out of the eligibility if they incorporated it. What are the ramifications of this if she gets caught? Also, does going on WIC give them the opportunity to open a child support case against my brother?

I, in no way, shape or form, think that it is okay to scam the system. I just want to make sure my brother is aware of the risks they are taking by going down this road.

Thank you

Being on WIC will not trigger the State coming after him for reimbursement, but he's a fool if he allows this to continue because they will get caught and they will be in trouble.

1-800-282-3435. Do the right thing.

Thank you. The person helping them would also probably have ramifications too, right? Especially since she works for WIC?

Also, what kind of trouble are they looking at? I would like to give him the opportunity to do the right thing before I do, but without an idea of what he would be looking at I don't think just telling him he will be in trouble is going to scare him straight.

It IS a felony of the fifth degree:

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Ohio Statutes

Title 29. CRIMES - PROCEDURE

Chapter 2913. THEFT AND FRAUD



Current with legislation signed by the Governor as of 10/19/2015


§ 2913.46. Illegal use of food stamps or WIC program benefits



(A)
(1) As used in this section:
(a) "Electronically transferred benefit" means the transfer of supplemental nutrition assistance program benefits or WIC program benefits through the use of an access device.

(b) "WIC program benefits" includes money, coupons, delivery verification receipts, other documents, food, or other property received directly or indirectly pursuant to section 17 of the "Child Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C.A. 1786, as amended.

(c) "Access device" means any card, plate, code, account number, or other means of access that can be used, alone or in conjunction with another access device, to obtain payments, allotments, benefits, money, goods, or other things of value or that can be used to initiate a transfer of funds pursuant to section 5101.33 of the Revised Code and the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq.), or any supplemental food program administered by any department of this state or any county or local agency pursuant to section 17 of the "Child Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C.A. 1786, as amended. An "access device" may include any electronic debit card or other means authorized by section 5101.33 of the Revised Code.

(d) "Aggregate value of supplemental nutrition assistance program benefits, WIC program benefits, and electronically transferred benefits involved in the violation" means the total face value of any supplemental nutrition assistance program benefits, plus the total face value of WIC program coupons or delivery verification receipts, plus the total value of other WIC program benefits, plus the total value of any electronically transferred benefit or other access device, involved in the violation.

(e) "Total value of any electronically transferred benefit or other access device" means the total value of the payments, allotments, benefits, money, goods, or other things of value that may be obtained, or the total value of funds that may be transferred, by use of any electronically transferred benefit or other access device at the time of violation.


(2) If supplemental nutrition assistance program benefits, WIC program benefits, or electronically transferred benefits or other access devices of various values are used, transferred, bought, acquired, altered, purchased, possessed, presented for redemption, or transported in violation of this section over a period of twelve months, the course of conduct may be charged as one offense and the values of supplemental nutrition assistance program benefits, WIC program benefits, or any electronically transferred benefits or other access devices may be aggregated in determining the degree of the offense.


(B) No individual shall knowingly possess, buy, sell, use, alter, accept, or transfer supplemental nutrition assistance program benefits, WIC program benefits, or any electronically transferred benefit in any manner not authorized by the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq.) or section 17 of the "Child Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C. 1786, as amended.

(C) No organization, as defined in division (D) of section 2901.23 of the Revised Code, shall do either of the following:
(1) Knowingly allow an employee or agent to sell, transfer, or trade items or services, the purchase of which is prohibited by the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. or section 17 of the "Child Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C. 1786, as amended, in exchange for supplemental nutrition assistance program benefits, WIC program benefits, or any electronically transferred benefit;

(2) Negligently allow an employee or agent to sell, transfer, or exchange supplemental nutrition assistance program benefits, WIC program benefits, or any electronically transferred benefit for anything of value.


(D) Whoever violates this section is guilty of illegal use of supplemental nutrition assistance program benefits or WIC program benefits. Except as otherwise provided in this division, illegal use of supplemental nutrition assistance program benefits or WIC program benefits is a felony of the fifth degree. If the aggregate value of the supplemental nutrition assistance program benefits, WIC program benefits, and electronically transferred benefits involved in the violation is one thousand dollars or more and is less than seven thousand five hundred dollars, illegal use of supplemental nutrition assistance program benefits or WIC program benefits is a felony of the fourth degree. If the aggregate value of the supplemental nutrition assistance program benefits, WIC program benefits, and electronically transferred benefits involved in the violation is seven thousand five hundred dollars or more and is less than one hundred fifty thousand dollars, illegal use of supplemental nutrition assistance program benefits or WIC program benefits is a felony of the third degree. If the aggregate value of the supplemental nutrition assistance program benefits, WIC program benefits, and electronically transferred benefits involved in the violation is one hundred fifty thousand dollars or more, illegal use of supplemental nutrition assistance program benefits or WIC program benefits is a felony of the second degree.

Cite as R.C. § 2913.46

History. Amended by 129th General AssemblyFile No.29, HB 86, §1, eff. 9/30/2011.

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They are accessing and using WIC in violation of the law -- i.e. when they are not legally qualified to receive it -- by committing fraud. Tell him that being a felon is not a good career or life move.

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Quoting readytoleave

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My question involves child support in the State of: Ohio

The girlfriend of my brother just had a child a couple months ago. She has since gone on WIC to get assistance with formula. On the application it asked if she and the father lived together, or something to that effect, and she answered no. But she does and his income would push them WAY out of the eligibility if they incorporated it. What are the ramifications of this if she gets caught? Also, does going on WIC give them the opportunity to open a child support case against my brother?

I, in no way, shape or form, think that it is okay to scam the system. I just want to make sure my brother is aware of the risks they are taking by going down this road.

Thank you

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Are you sure that his income would push them out of eligibility? WIC eligibility requirements are not the same as food stamps or other state benefits.

A three person family can have income up to 37167.00 in Ohio and still qualify. A four person family can have income up to 44863.00.

Thank you for more replies. I don't actually know his income. I am just going by what they said the other day about how his income puts them over the threshold, so their neighbor, who works for WIC told them to just use her permanent mailing address that she kept despite have been living with him in his house for more than two years, and to say that she and their daughter live there instead without my brother.

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Thank you for more replies. I don't actually know his income. I am just going by what they said the other day about how his income puts them over the threshold, so their neighbor, who works for WIC told them to just use her permanent mailing address that she kept despite have been living with him in his house for more than two years, and to say that she and their daughter live there instead without my brother.

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Report that neighbor. The state will NOT be pleased with her.

That person is an idiot, who is liable to get prosecuted right along with and moreso than the couple that is falsifying their living situation.

If they get a complaint and an investigation begins, in order to get this needs based benefit, your family member and girlfriend signed away their right to privacy in everything, their bank accounts, income taxes, etc. All it will take is somebody reporting them to the fraud hotline and the investigation is on with a vengeace. These programs really go after their own employees who aid and assist with fraud. Is free milk and cereal worth it?

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Quoting comment/ator

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That person is an idiot, who is liable to get prosecuted right along with and moreso than the couple that is falsifying their living situation.

If they get a complaint and an investigation begins, in order to get this needs based benefit, your family member and girlfriend signed away their right to privacy in everything, their bank accounts, income taxes, etc. All it will take is somebody reporting them to the fraud hotline and the investigation is on with a vengeace. These programs really go after their own employees who aid and assist with fraud. Is free milk and cereal worth it?

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Under normal circumstances most people would not attempt to commit fraud to get WIC. The value of what is provided is so small that its generally just not worth it. For most people its about 50 bucks a month in supplemental food assistance. Its more generous when you have an infant on formula, but even then its only about 90 bucks a month in formula assistance. However, when you have a family living paycheck to paycheck with a newborn, between diapers, wipes, other baby supplies and formula, it can overwhelm a budget enough that some might be tempted to cheat.

In addition to the small benefit provided, its pretty much of a hassle as well. You have to recertify every two or three months and have any and all children involved present, when you do. My daughter has often qualified for WIC but just hasn't bothered because the amount of help available just wasn't enough to make it worthwhile. Shop at Aldi's instead and your overall food budget reduces enough to more than compensate for not getting WIC.

The moral of my story?: I am pretty sure that there is no rampant WIC fraud going on and that there is no major investigative division of WIC out to stamp out fraud.

Also, WIC is not a "state benefit" in the same manner that food stamps, TANIF and Medicaid are state programs. Its a program funded by federal grants that is administered completely separately from any other welfare benefits.

Thank you for even more responses. I appreciate them, and the different points of view. I have told them both that what they are doing is a felony, and at 90 bucks a month they are pushed up over 1000 dollars by the end of the year which according to the statue puts them at a felony four. It is frustrating to see people scamming the system to get benefits they don't qualify for without lying. Those benefits should be going towards people that actually need it, not just people who don't want to pay for formula.