(1) Eligibility: An individual who
is enrolled at least half-time in an institution of higher education will be
ineligible to participate in SNAP unless the individual qualifies for one of
the exemptions contained in Paragraph (3) of Subsection A of
8.139.400.11 NMAC. Half-time
enrollment status is determined by the definition of the institution in which
the individual is enrolled or attending.
(2) Enrollment:
(a) Students enrolled in an institution of
higher education less than half time are notconsidered students for purposes of
SNAP eligibility, and do not have to meet an exemption at Paragraph (3) of
Subsection A of
8.139.400.11 NMAC to be eligible
for SNAP.
(b) Students who are
enrolled at least half-time in an institution of higher education in a program
that normally requires a high school diploma or equivalency certificate for
enrollment in a "regular curriculum," are students and have to meet an
exemption at Paragraph (3) of Subsection A of
8.139.400.11 NMAC to be eligible
for SNAP. The following programs are not in the "regular curriculum," and if
enrolled in one of these programs, the student would not be considered a
student for purposes of SNAP eligibility:
(i)
Career or technical certificate programs. Career and technical certificate
programs are programs which offer a sequence of courses that provide
individuals with coherent and rigorous content aligned with challenging
academic standards and relevant technical knowledge and skills needed to
prepare for further education and careers in current or emerging professions;
provide technical skill proficiency, an industry- recognized credential, a
certificate, or an associate degree; and may include prerequisite courses that
meet the requirements of this subparagraph; and include competency-based
applied learning that contributes to the academic knowledge, higher-order
reasoning and problem-solving skills, work attitudes, general employability
skills, technical skills, and occupation- specific skills, and knowledge of all
aspects of an industry, including entrepreneurship, of an individual.
(ii) English as a second language;
(iii) adult basic education;
(iv) literacy; or
(v) community education courses
(c) Students who are enrolled at
least half-time in a "regular curriculum," at a college or university that
offers degree programs regardless of whether a high school diploma is required
are considered students for purposes of SNAP eligibility, and have to meet an
exemption found at Paragraph (3) of Subsection A of
8.139.400.11 NMAC to be eligible
for SNAP.
(d) The enrollment status
of a student shall begin on the first day of the school term. Such enrollment
shall be deemed to continue through normal periods of class attendance,
vacation and semester breaks. Enrollment status shall terminate when the
student graduates, is expelled, does not re-enroll or is suspended for a period
in excess of 30 calendar days
(e)
Students who reside on campus as defined at
34 CFR
668.46(a) and who have opted
to or are required to purchase a meal plan which provides fifty percent or more
of their meals are ineligible for SNAP in accordance with
7 CFR
273.1(b)(7)(vi).
(3)
Student
exemptions: To be eligible, a student must meet at least one of the
following exemptions:
(a) Age: Be age 17 or
younger or age 50 or older.
(b)
Physical or mental unfitness: For exemption purposes, physical or mental
unfitness per Paragraph (3) of Subsection A of
8.139.400.11 NMAC and
7 CFR
273.5(b)(2) is defined as
follows: An individual who has a mental or physical illness or disability,
temporary or permanent, which reduces their ability to financially support
themselves. Unfitness can be obvious to the HCA and documented in the case
file; or not obvious to the HCA, but is documented by a physician, physician's
assistant, nurse, nurse practitioner, a licensed or certified psychiatrist or a
licensed or certified psychologist, or social worker as being unfit to work;
the claim of physical or mental unfitness must be substantiated by written
documentation identifying the physical or mental condition and certifying that
the person is unfit for employment.
(i) If an
individual claims to be physically or mentally unfit for purposes of the
student exemption, and the unfitness is not evident to ISD, verification may be
required.
(ii) Appropriate
verification may consist of receipt of temporary or permanent disability
benefits issued by government or private sources, or of a statement from a
physician or licensed or certified psychologist.
(c) Education/training program: Assigned to
or placed in an institution of higher education through or in compliance with
the requirements of:
(i) a program under the
Job Training Partnership Act of 1974 (JTPA);
(ii) an employment and training program under
7 CFR
273.7;
(iii) a program under Section 236 of the
Trade Act of 1974 (19 U.S.C.
2296); or
(iv) an employment and training program for
low-income households that is operated by a state or local government where one
or more of the components of such program is at least the equivalent to an
acceptable SNAP employment and training program component.
(d) Employment: Employed a minimum of 20
hours per week and paid for such employment, or, if self-employed, working a
minimum of 20 hours per week, and receiving weekly earnings at least equal to
the federal minimum wage multiplied by 20 hours. Students whose employment
hours fluctuate week to week will be considered to have met the minimum work
hour requirement, as long as they maintain an average of 20 hours per week or
80 hours per month.
(e) Work study:
Be participating in a state or federally financed work study program during the
regular school year.
(i) The student must be
approved for work study at the time of application for SNAP benefits, the work
study must be approved for the school term, and the student must anticipate
actually working during that time.
(ii) The exemption will begin with the month
in which the school term begins or the month work study is approved, whichever
is later.
(iii) Once begun, the
exemption will continue until the end of the month in which the school term
ends, or it becomes known that the student has refused an assignment.
(iv) The exemption will 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.
(f) Children: Responsible for a dependent
household member who:
(i) is under age six;
or
(ii) has reached the age of six
but is under age 12 when ISD has determined that adequate child care is not
available to enable the student to attend class and comply with the 20-hour
work requirement in (d) or the work study requirement in (e) above.
(g) Single parents: Enrolled in an
institution of higher education on a full-time basis (as determined by the
institution) and be responsible for the care of a dependent child under age 12.
(i) This provision applies when only one
natural, adoptive or stepparent (single, widow/ widower, separated, divorced)
is in the same SNAP household as the child.
(ii) If there is no natural, adoptive or
stepparent in the same SNAP household as the child, another full-time student
in the same SNAP household as the child, may qualify for eligible student
status under this provision if they have parental control over the child and
are not living with their spouse.
(h) Title IV - A: Receiving Title IV-A cash
assistance.
(i) Work incentive
program:Participation in the job opportunities and basic skills program under
Title IV of the Social Security Act or its successor programs.
(j) On-the-job training: Be participating in
an on-the-job training program. An individual is considered to be participating
in an on-the-job training program only during the period of time the individual
is being trained by the employer.