(a) In order to be eligible for participation
in the food stamp program, any person defined as a student shall meet at least
one of the following exemption criteria:
(1)
Be employed for a minimum of twenty hours per week, and be paid for such
employment or, if self-employed, be employed for a minimum of twenty hours per
week and receive weekly gross earnings at least equal to the federal minimum
wage multiplied by twenty hours; or
(2) Be participating in a state or federally
financed work study program during the regular school year.
(A) To qualify under this provision, the
student must be approved for work study at the time of application for food
stamps, the work study must be approved for the school term, and the student
must anticipate actually working during that time. The exemption shall begin
with the month in which the school term begins or the month work study is
approved, whichever shall continue until the end of the month in which the
school term ends, or it becomes known that the student has refused an
assignment; and
(B) The exemption
shall not continue between terms when there is a break of a full month or
longer unless the student is participating in work study during the break;
or
(3) Be responsible
for the care of a dependent household member under the age of six; or
(4) Be responsible for the care of a
dependent household member who has reached the age of six but is under age
twelve and the branch has determined that adequate child care is not available
to enable the individual to attend class and satisfy the requirements of
paragraphs (1) or (2); or
(5) Be a
single parent enrolled full-time in an institution of higher education, as
determined by the institution, and be responsible for the care of a dependent
child under age twelve.
(A) This provision
applies in those situations where only one natural, adoptive or stepparent
(regardless of martial status) is in the same food stamp household as the
child; and
(B) If no natural,
adoptive, or stepparent is in the same food stamp household as the child,
another full-time student in the same food stamp household as the child may
qualify for eligible student status under this provision if this student has
parental control over the child and is not living with his or her spouse;
or
(6) Be receiving
federally funded benefits from the aid to families with dependent children
program; or
(7) Be assigned to or
placed in an institution of higher education through or in compliance with one
of the following programs:
(A) A program
under the Workforce Investment Act (WIA) of 1998 (
29 U.S.C.
§794 d);
(B) The AFDC First-to-Work (FTW) program as
provided in subchapter 2 of chapter 17-794.1;
(C) The Food Stamp Employment and Training
(E&T) program as provided in subchapter 4 of chapter 17-684.1;
(D) A program under section 236 of the Trade
Act of 1974 (
19
U.S.C. 2296; or
(E) Any other employment and training program
operated by a state agency where one or more of the components of such a
program is at least equivalent to an acceptable food stamp employment and
training program component as specified in subchapter 4 of chapter 17-684. The
department shall make the determination as to whether or not the program
qualifies the for the exemption.
Self-initiated placements during the period of time the
person is enrolled in one of these employment and training programs shall be
considered to be in compliance with the requirements of the employment and
training program in which the person is enrolled, provided that the program has
a component for enrollment in an institution of higher education and that
program accepts the placement. Persons who voluntarily participate in one of
these employment and training programs and are placed in an institution of
higher education through or in compliance with the requirements of the program
shall also qualify for the exemption.
(b) Any individual who meets the definition
of a student as defined in section 17-663-51, who does not meet at least one of
the exemption criteria in subsection (a) shall be ineligible to participate in
SNAP.
