Current through Register Vol. 56, No. 6, March 18, 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 ).
