001.05(A) STUDENT EXEMPTIONS.

A student by program definition who meets one of the following requirements is eligible to participate if the student is: (i) Age 17 or younger; (ii) Age 50 or older; (iii) Physically or mentally unfit; (iv) Included in an Aid to Dependent Children Program grant unit; (v) Enrolled in the Employment First Program; (vi) Working an average of 20 hours or more per week for pay or 80 hours or more per month for pay or, if self-employed, working an average of 20 hours or more per week or 80 hours or more per month and receiving weekly or monthly earnings at least equal to the federal minimum wage multiplied by 20 hours per week or 80 hours per month. For self-employed students, the net income after business deductions is multiplied by 20 hours per week or 80 hours per month and then compared to the federal minimum wage; (vii) Participating in a state or federally financed work study program during the regular school year. The following restrictions apply to work study: (1) The student must be approved for work study at the time of application for Supplemental Nutrition Assistance Program benefits; (2) The work study must be approved for the school term and the student must anticipate actually working during that time; (3) The work study exemption begins the month the school term begins or the month the work study is approved, whichever is later; and (4) The work study exemption does not continue between terms when there is a break of a full month or more unless the student is participating in work study during the break; (viii) Participating in an on-the-job training program. An individual is considered participating only during the time the person is being trained by the employer. During the period of time the person is only attending classes, this exemption would not apply; (ix) Responsible for the care of a dependent household member who is age five or younger; (x) Responsible for the care of a dependent household member who is age 11 or younger when it has been determined that adequate childcare is not available to enable the student to attend class and comply with the work requirements of student eligibility; (xi) A single parent enrolled full time in an institution of higher education and responsible for the care of a dependent child age 11 or younger. This provision applies when only one biological, adoptive, or stepparent (regardless of marital status) is in the same Supplemental Nutrition Assistance Program household as the child. This provision may apply to another full-time student in the same Supplemental Nutrition Assistance Program household as the child when: (1) No biological, adoptive, or stepparent is in the same Supplemental Nutrition Assistance Program household; and (2) The student has parental control over the child and is not living with his or her spouse; or (xii) Assigned to or placed in an institution of higher education through or in compliance with the requirements of one of the following programs: (1) Workforce Innovation and Opportunity Act; (2) State’s Employment and Training Program, subject to the condition that the program of study: (a) Is part of a program of career and technical education as defined in section three of the Carl D. Perkins Career and Technical Education Act of 2006 designed to be completed in not more than four years at an institution of higher education as defined in section 102 of the Higher Education Act of 1965; or (b) Is limited to remedial courses, basic adult education, literacy, or English as a second language; (3) Section 236 of Trade Act of 1974; or (4) Employment First program.