Current through Register Vol. 63, No. 9, September 1, 2024
(1) For the
purposes of this rule and OAR
461-001-0015, "higher education"
refers to the following:
(a) Public and
private universities and colleges and community colleges that offer degree
programs regardless of whether a high school diploma is required for the
program. However, GED, ABE, ESL and high school equivalency programs at those
institutions are not considered higher education.
(b) Vocational, technical, business, and
trade schools that normally require a high school diploma or equivalency
certificate for enrollment in the curriculum or in a particular program at the
institution. However, programs at those institutions that do not require the
diploma or certificate are not considered higher education.
(2) Except to the extent provided
otherwise in section (4) of this rule, an individual is considered a "student
of higher education" if all of the following subsections apply:
(a) The individual is attending
higher education (see section (1) of this rule) at least half
time or more as determined by the school.
(b) The individual is 18 years of age or
older, but under 50 years of age.
(3) To be eligible for SNAP benefits, a
student of higher education (see section (2) of this rule)
must meet the requirements of one of the following subsections:
(a) The
student of higher
education is:
(A) A paid
employee (see OAR
461-001-0015) working an average
of 20 hours or more per week; or
(B) Self-employed for a minimum of 20 hours
per week and receives weekly earnings at least equal to the federal minimum
wage multiplied by 20 hours.
(b) The
student of higher
education is participating in a state or federally funded work study
program during the regular school year. To qualify under this subsection:
(A) The student of higher
education must be approved for state or federally funded work study at
the time of application for SNAP.
(B) The work study must be approved for the
school term.
(C) The
student of higher education must anticipate working in a work
study job during the school term.
(D) The period of eligibility for a
student of higher education eligible under this subsection:
(i) Begins with the month in which the school
term begins or with the month that work study is approved, whichever is
later.
(ii) Continues until the end
of the month in which the school term ends, or it becomes known that the
student of higher education has refused an
assignment.
(iii) Continues through
breaks of less than a month. For breaks of a month or longer, eligibility
continues only if the student of higher education participates
in a work study job during the break.
(c) The
student of higher
education is responsible for the care of a child in the
filing
group (see OAR
461-110-0370), and one of the
following conditions is met:
(A) The child
is--
(i) Under six years of age; or
(ii) Six years of age or older, but under the
age of 12 years, and adequate child care is not available to enable the student
to both attend class and meet the requirements of section (3)(a) or (3)(b) of
this rule.
(B) The
student of higher education is enrolled full time in higher
education and is a single parent (meaning there is only one parent in the
filing group) or a single adult who has parental control, with the
responsibility of caring for a child under 12 years of age.
(d) The student of higher
education is in a TANF benefit group (see OAR
461-110-0750).
(e) The student of higher
education is physically or mentally unfit for employment.
(f) The student of higher
education is receiving Unemployment Compensation (UC).
(g) The
student of higher
education is enrolled in
higher education to receive
training and skills for employment as defined below:
(A) Job training classes under the Workforce
Innovation & Opportunity Act of 2014 (Pub. L. 113-128).
(B) Participation in the higher education
component of the JOBS program.
(C)
Employer-sponsored on-the-job training.
(D) Enrolled in an employment and training
program or course of study that leads to employment. To qualify under this
paragraph, the employment and training program or course of study must be of
undergraduate or lower level and designed to be completed in not more than four
years.
(E)
Participating in at least one of the following training programs:
(i) The Trade Readjustment Allowance (TRA)
program serving displaced workers under the Trade Act.
(ii) The Training Unemployment Insurance
(TUI) program.
(iii) The
Self-Employment Assistance (SEA) program.
(iv) The Apprenticeship Program
(APT).
(4) An individual's status as a
student of higher education continues during school vacation
and breaks. An individual is no longer considered a student of higher
education when the individual:
(a)
Graduates.
(b) Drops out.
(c) Withdraws from classes.
(d) Reduces credit hours to less than half
time.
(e) Is suspended or
expelled.
(f) Does not intend to
register for the next school term (excluding summer term).
(5) A student of higher
education residing in a dormitory or other living situation with a
meal plan that is intended to provide more than 50 percent of the student's
three daily, or 21 weekly, meals is ineligible for SNAP program
benefits.
Statutory/Other Authority: ORS
409.050 &
411.816
Statutes/Other Implemented: ORS
409.010,
411.816,
411.825,
7 USC
2015,
7 CFR
273.5, ORS
411.806, ORS
411.811,
411.813,
411.827,
411.830,
411.837,
411.840,
411.845 & SB 609 2023
Regular Session
