Current through Register Vol. 56, No. 18, September 16, 2024
(a) A student in
an institution of higher education defined: Any person who is between the ages
of 18 and 50 who is physically and mentally fit and is enrolled at least half
time in an institution of higher education. Excluded from this definition are
persons who are attending high school, participating in on-the-job training
programs and training programs which are not institutions of higher
education.
(b) An institution of
post secondary education is any public or private educational institution which
normally requires a high school diploma or equivalency certificate for
enrollment or admits persons who are beyond the legal age of compulsory school
attendance, provided that the institution is legally authorized by the State to
provide an educational program beyond secondary education or provides a
training program to prepare students for gainful employment.
(c) A student shall be considered "enrolled"
in an institution of higher education beginning on the first day of the school
term. Such enrollment shall be deemed to continue through normal periods of
class attendance, vacation and recess unless the student graduates, is
suspended or expelled, drops out, or does not intend to register for the next
normal school term (excluding summer school).
(d) In order to be eligible to participate in
the NJ SNAP program, any student (as defined in (a) above) shall meet at least
one of the following criteria:
1. Be employed
for a minimum of 20 hours per week and be paid for such employment or, if
self-employed, be employed for a minimum of 20 hours per week and receive
weekly earnings at least equal to the Federal minimum wage multiplied by 20
hours;
2. Participate in a
Federally financed work study program (funded in full or in part under Title
IV-C of the Higher Education Act of 1965 as amended) during the regular school
year, or a state financed work study program. To qualify under this provision,
the student must be approved for work study at the time of application for NJ
SNAP benefits, the work study must be approved for the school term, and the
student must anticipate actually working during that time. Student eligibility
based on work study participation begins either with the month in which the
school term begins or the month that participation in work study is approved,
whichever occurs last. Once eligible, the student's eligibility shall continue
until either the end of the month in which the school term ends, or it becomes
known that the student has refused to participate in the work study program.
Student eligibility based on work study participation shall not continue
between terms where there is a break of a full month or longer, unless the
student is participating in work study during the break;
3. Be responsible for the care of a dependent
household member under the age of six;
4. Be responsible for the care of a dependent
household member between the ages of six and 12 for whom adequate child care is
not available to enable the student to either attend class and satisfy the 20
hour work requirement at (d)1 above, or to participate in a state or
Federally-financed work study program during the regular school year;
i. The availability and adequacy of child
care shall be determined by the CWA on a case by case basis;
ii. Only one person per dependent may qualify
under this provision;
5.
Be receiving benefits from the Work First New Jersey/Temporary Assistance for
Needy Families (WFNJ/TANF) program;
6. Participate in the JOBS program under
Title IV of the Social Security Act;
7. Be assigned to or placed in an institution
of higher education through or in compliance with the requirements of one of
the programs identified at (d)7i through iv below. 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 the program accepts the placement. Persons who
voluntarily participate in one of these employment and training activities, and
are placed in an institution of higher education through or in compliance with
the requirements of the activity, shall also qualify for the exemption. The
programs are:
i. A program under the Workforce
Investment Act of 1998 (WIA) (
P.L.
105-220); or
ii. An NJ SNAP Employment and Training
Program (NJ SNAP ETP) activity under
10:87-10.4, unless the individual
meets the exemption criteria at
10:87-10.2(b)3;
or
iii. A program under Section 236
of the Trade Act of 1974 ( Public Law 93-618); or
iv. An employment and training program for
low-income households that is operated by the State of New Jersey, or its local
governments, where one or more of that program's requirements is at least
equivalent to an acceptable NJ SNAP ETP component as specified at
10:87-10.14; or
8. Be a single parent enrolled in
an institution of higher education on a full-time basis (as defined by the
institution), and be responsible for the care of a dependent child under the
age of 12. This provision is to be applied in those situations where only one
natural, adoptive, or step-parent (regardless of marital status) is in the same
NJ SNAP household as the child. (For example, if one natural parent and a
step-parent are living with the child, neither the natural parent nor the
step-parent shall qualify as an eligible student under this provision.) If no
natural, adoptive, or step-parent is in the same NJ SNAP household as the
child, another full-time student in the same NJ SNAP household as the child may
qualify for eligible student status under this provision if he or she has
parental control over the child, and is not living with his or her
spouse.
(e) The income
and resources of an ineligible student living with a household shall not be
considered in determining eligibility or level of benefits of the household
(see 10:87-5.9(a)12
).
