501 Eligibility Requirements

In order to be eligible to participate in the Food Assistance Program, any student (as defined in Section 500), shall meet at least one of the following criteria: 1. Be employed for 20 hours per week and be paid for such employment. Students whose work hours fluctuate from week to week shall be determined eligible as long as the work hours average 20 hours per week or 80 hours per month. [1] a) If self-employed, be employed 20 hours per week and receive weekly earnings at least equal to the Federal minimum wage multiplied by 20 hours. Self-employed students whose work hours fluctuate from week to week shall be determined eligible as long as the paid work hours average 20 hours per week or 80 hours per month.[2] b) A student shall be ineligible in any month for which the anticipation of work is less than 20 hours a week or 80 hours per month. 2. Participate in a State or federally financed work study program during the school term. To qualify under this provision, the work study must be approved for the school term, and the student must anticipate actually working during this time. The student eligibility shall begin with the month in which the school term begins or the month work study is approved, whichever is later. Once begun, the student eligibility shall continue until the end of the month in which the school term ends, or it becomes known that the student has refused an assignment. The student eligibility shall 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. 3. Participate in an on-the-job training program - a person is considered to be participating in an on-the-job training program only during the period of time the person is being trained by the employer. During the period of time the person is attending classes, he will have to meet one of the other student criteria in order to receive food assistance. 4. Participate in any work incentive program under Title IV of the Social Security Act. In Alabama this is JOBS. 5. Be responsible for the care of a dependent household member under the age of six. 6. Parents of a child above age 5 but under age 12 for whom adequate child care is not available to enable the student to attend class and satisfy the 20 hour work requirement or participate in a state or federally financed work study program during the regular school year. Adequate child care for the purpose of the student eligibility criteria shall be defined as care provided by a licensed day care center, a licensed day care home, or an individual whom the student feels is responsible for caring for the child. If such care is being provided, the student is ineligible to participate. If such care is available, but is not currently being provided, the student is ineligible. Available shall be defined to mean vacancies in child care centers or licensed day care centers or licensed day care homes which are located within a reasonable proximity (as determined by the individual county department) of the student’s residence or institution of higher education. In regard to other individuals such as neighbors or relatives, the student’s statement as to whether or not such individuals are available to provide adequate care shall be accepted. 7. A single parent 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 the age of 12. This provision applies in those situations where only one natural, adoptive or stepparent is in the same food stamp household as the child. For example, if one natural parent and a stepparent are living with the child, neither the natural parent nor the stepparent can qualify under this provision. If no natural, adoptive or stepparent is in the same food stamp household as the child, another full time student in the same food stamp household as the child may qualify for the 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. 8. Assigned to or placed in an institution of higher education through or in compliance with one of the following: a) A program under the W I A of 1998. b) An employment and training program under the Food Stamp Act. c) A program under Section 236 of the Trade Act of 1974. d) A program for the purpose of employment and training (E and T) operated by a state or local government. 9. Receiving benefits from the Aid to Families with Dependent Children Program (AFDC).