Current through Register Vol. 51, No. 6, March 22, 2024
A. Except as specified in §D of this regulation, a student is ineligible to participate in the Program.
B. A student is an individual who is:
(1) 18 years old or older but younger than 50 years old;
(2) Physically and mentally fit; and
(3) Enrolled at least half time in an institution of higher education.
C. An individual is not considered a student for purposes of the Program if the individual:
(1) Does not meet the criteria described in §B of this regulation; or
(2) Is participating in on-the-job training programs.
D. A student may be eligible to participate in the Program if the student meets at least one of the following requirements:
(1) Is employed and paid for a minimum of 20 hours per week or, if self-employed, is employed for a minimum of 20 hours per week, and receives weekly earnings at least equal to the federal minimum hourly wage as published by the United States Department of Labor, multiplied by 20 hours;
(2) Participates in a State or federally financed work study program during the regular school year;
(3) Is responsible for the care of a dependent household member younger than 6 years old;
(4) Is responsible for the care of a dependent household member who is 6 years old or older but is younger than 12 years old, if the local department has determined that adequate child care is not available;
(5) Is receiving benefits from the Temporary Cash Assistance Program;
(6) Participates in a program at an institution of higher education under:
(a) The Workforce Investment Act of 1998,
(b) The Food Stamp Employment and Training Program, or
(c) Another employment or training program operated by the State or a local government if the program is equivalent to an acceptable Food Stamp Employment and Training Program; or
(7) Is a single parent enrolled full-time in an institution of higher education and responsible for the care of a dependent child younger than 12 years old or, if the parent is not in the household, is a single individual enrolled full time who has parental control over the child.
E. Work Study Requirement.
(1) A student meets the work study requirement as described in §D(2) of this regulation if:
(a) The student is approved for the work study program at the time of application for food stamps;
(b) The work study program is approved for the school term; and
(c) The student anticipates working during the school term.
(2) When a student meets the work study requirement, the exemption begins the month in which the school term begins or the month in which the work study is approved, whichever is later.
(3) Once the exemption begins, the exemption continues until:
(a) The end of the month in which the school term ends; or
(b) It becomes known that the student has refused an assignment.
(4) Unless the student is participating in the work study program during the break, the exemption may not continue between school terms when there is a break of a full month or longer.
F. The enrollment status of a student begins on the first day of the school term of the institution of higher education and continues through normal periods of class attendance, vacation, and recess, unless the student:
(1) Graduates;
(2) Is suspended or expelled;
(3) Drops out; or
(4) Does not intend to register for the next normal school term.
G. The local department may not consider the income and resources of an ineligible student living with a household in determining eligibility or level of benefits of the household.
