Current through Vol. 42, No. 1, September 16, 2024
(a)
Supplemental Nutrition Assistance Program (SNAP) eligibility. A
student enrolled in an institution of higher education at least half-time per
(b) of this Section may not receive Supplemental Nutrition Assistance Program
(SNAP) benefits unless the student meets an exemption per (c). Students who are
not enrolled at least half-time in an institution of higher education per (b)
of this Section may participate in SNAP when they meet all other eligibility
criteria.
(b)
Student
classification. Section
273.5 of Title 7 of the Code of
Federal Regulations (7 C.F.R.
§
273.5) requires students to meet an
exemption when they are enrolled at least half-time in an institution of higher
education.
(1) An institution of higher
education includes a:
(A) business,
technical, trade, or vocational school that normally requires a high school
diploma or equivalency certificate to enroll in the curriculum. Schools or
courses that do not require a high school diploma or equivalency certificate
are not considered an institution of higher education; or
(B) college or university that offers degree
programs even when a high school diploma or equivalency certificate is not
required to enroll. A college includes a junior, community, two-year, or
four-year college, or university.
(i)
Students enrolled at least half time in the regular curriculum are enrolled in
higher education.
(ii) Students
enrolled in a special program at a college or university, such as English as a
second language course or other courses that are not part of a regular degree
program are not enrolled in higher education.
(2) Student status begins on the first day of
the school term for students who have:
(A)
not attended an institution of higher education previously; or
(B) had a break of more than a semester since
they last attended.
(3)
Persons are students during normal periods of class attendance, vacation, and
other breaks unless the student:
(A)
graduates;
(B) is expelled or
suspended;
(C) drops out;
or
(D) does not intend to register
for the next normal school term, excluding summer
school.
(c)
Student exemptions. The students described in this subsection may
participate in SNAP when they meet all other eligibility criteria. The student
is either :
(1) younger than 18 years of age
or 50 years of age and older;
(2)
physically or mentally unfit.
(A) When the
student claims mental or physical unfitness and the unfitness is not evident to
the worker, verification may be required.
(B) Appropriate verification may consist of:
(i) receipt of temporary or permanent
disability benefits issued by governmental or private sources;
(ii) participation in a state vocational
rehabilitation program; or
(iii) a
statement from a physician or licensed or certified psychologist; or
(3) participating in an
on-the-job training (OJT) program. Students are participating in OJT programs
only during the period of time the students are being trained by the
employer;
(4) employed for an
average of 20 hours per week or 80 hours per month and paid for that
employment. Earning wages equal to the federal minimum wage times 20 does not
qualify the person for this exemption;
(5) self-employed for an average of 20 hours
per week or 80 hours per month and receives weekly earnings at least equal to
the federal minimum wage times 20;
(6) 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
benefits.
(i) The work study must be approved
for the school term, and the student must anticipate actually working during
the school term.
(ii) The exemption
begins with the month the school term begins or the month work study is
approved, whichever is later.
(iii)
Once begun, the exemption continues until the end of the month the school term
ends or it becomes known the student refused an assignment.
(B) The exemption does not continue between
terms when there is a break of a full month or longer unless the student
participates in a work study program during the break; or
(7) responsible for the care of a dependent
household member under six years of age. Only one person may be responsible for
a dependent child. The caretaker need not be the person providing for the
child's support;
(8) responsible
for the care of a dependent household member, six through 11 years of age, and
the worker determines that adequate child care is not available to enable the
student to attend class and work an average of 20 hours per week or participate
in a state or federally financed work study program.
(A) The reasons for lack of adequate child
care include, but are not limited to, the lack of an available licensed and
contracted child care facility within a reasonable distance from the student's
home or school or the availability of funds to pay child care expenses.
Determination of availability of adequate child care is made on a case-by-case
basis.
(B) Only one person may be
responsible for the care of a dependent child. The caretaker need not be the
person providing for the child's support; or
(9) a single parent enrolled in an
institution of higher education on a full-time basis, as determined by the
institution, and responsible for the care of a dependent child younger than 12
years of age, regardless of the availability of child care.
(A) This provision applies in those
situations where only one natural, adoptive, or stepparent, regardless of
marital status, is in the same food benefit household as the child.
(B) When no natural, adoptive, or stepparent
is in the same food benefit household as the child, another full-time student
in the same food benefit household as the child may qualify for this exemption
when the student has parental control over the child and does not live with the
student's spouse;
(10) a
Temporary Assistance for Needy Families (TANF) recipient;
(11) assigned to or placed in an institution
of higher education through or in compliance with the requirements of one of
the employment and training programs identified in (A) through (D) of this
paragraph. Employment and training programs include:
(A) the Workforce Innovation and Opportunity
Act Program;
(B) a food benefit
employment and training program, such as OK SNAP Works, per
7 C.F.R. §
273.7, subject to the condition that the
course or program of study, as determined by Adult and Family Services (AFS)
SNAP staff, is:
(i) part of a career and
technical education program, per Section 3 of the Carl D. Perkins Career and
Technical Education Act of 2006; and Section
2302 of Title 20 of the United
States Code (20 U.S.C.
§
2302), designed to be completed in not
more than four years at an institution of higher education, per Section 102 of
the 1998 Amendments to the Higher Education Act of 1965,
20 U.S.C. §
1002; or
(ii) limited to remedial courses, basic adult
education, literacy, or English as a second language;
(C) a program under Section 236 of the Trade
Act of 1974 currently known as The Trade Adjustment Assistance Program and
administered by the Oklahoma Employment Security Commission; or
(D) a state or local government-operated
employment or training program for low-income households where one or more
components of the program is at least equivalent to an acceptable SNAP
employment and training program as specified, per
7 C.F.R. §
273.7(e)(1) and as
determined by AFS SNAP staff; or
(12) enrolled as a result of participation in
the Job Opportunities and Basic Skills program under Title IV of the Social
Security Act or its successor program.
(d)
Income and deductible expenses of
an ineligible student. When the student is not eligible to receive food
benefits per this Section, the student is a non-household member, and OKDHS
does not count the student's income and prorates the household's expenses, per
Oklahoma Administrative Code (OAC)
340:50-5-5.
Amended at 9 Ok Reg
3405, eff 5-13-92 (preemptive); Amended at 9 Ok Reg 3843, eff 8-24-92
(emergency); Amended at 10 Ok Reg 1821, eff 5-13-93; Amended at 10 Ok Reg 4851,
eff 9-8-93 (preemptive); Amended at 11 Ok Reg 713, eff 11-10-93 (preemptive);
Amended at 13 Ok Reg 1799, eff 6-1-96 (emergency); Amended at 14 Ok Reg 1351,
eff 5-12-97; Amended at 17 Ok Reg 473, eff 10-12-99 (preemptive); Amended at 20
Ok Reg 872, eff 6-1-03; Amended at 22 Ok Reg 805, eff 5-12-05; Amended at 23 Ok
Reg 1010, eff 6-1-06; Amended at 27 Ok Reg 1241, eff 6-1-10; Amended at 29 Ok
Reg 794, eff 7-1-12
