Exemptions from food stamp work registration.

(1) Each individual, including migrant/seasonal laborers, is required to register for employment at the time of application for food stamp benefits unless the individual is:

(i) younger than 16 years of age, or is 60 years of age or older;

(ii) physically or mentally unfit for employment;

(iii) subject to and complying with any work requirement under title IV of the Social Security Act (SSA); provided, however, that an individual participating in a work experience program in accordance with the provisions of title IV-A of the SSA and of this Part may also be required to participate in work experience for the number of hours represented by the dollar value of the individual's food stamp benefit divided by the Federal or State minimum wage, whichever is higher;

(iv) a parent or household member who is responsible for the physical care of a dependent child under the age of six or of an incapacitated person; provided, however, that an individual participating in a work experience program in accordance with the provisions of title IV-A of the SSA and of this Part may also be required to participate in work experience for the number of hours represented by the dollar value of the individual's food stamp benefit divided by the Federal or State minimum wage, whichever is higher;

(v) a recipient of unemployment compensation. An applicant for unemployment compensation is exempt if he/she was required to register for work as part of the unemployment compensation application process;

(vi) a regular participant in a drug or alcohol treatment and rehabilitation program; for the purposes of this subparagraph, a regular participant shall be defined as an individual who is determined unable to work and participating in treatment in accordance with the requirements of section 351.2(i) of this Title or otherwise engaged in drug or alcohol treatment to an extent that assignment to work activities is impractical;

(vii) employed or self-employed and working a minimum of 30 hours weekly or receiving weekly earnings at least equal to the Federal minimum wage multiplied by 30 hours. This provision includes migrant and seasonal farm workers who are under contract or similar agreement with an employer or crew chief to begin employment within 30 days;

(viii) a student enrolled at least half-time in any recognized school, training program or institution of higher education. A student enrolled at least half-time in an institution of higher education must have met the student eligibility criteria in section 387.1 of this Title. A student remains exempt during normal periods of attendance, vacation, and recess, unless there is a break in the student's enrollment status due to graduation, suspension, expulsion, or intent not to return to school;

(ix) an applicant for SSI and food stamps under the joint processing provisions until such time as the individual is:

(a) determined to be eligible for SSI and, thereby, exempt from work registration; or

(b) determined to be ineligible for SSI and a subsequent redetermination of his/her work registration status is made; or

(x) a person age 16 or 17 who is attending school or an employment training program on at least a half-time basis.

(2)

(i) An individual who loses exempt status due to any change in circumstance subject to the reporting requirements of section 387.17(e) of this Title must be registered for work when the change is reported.

(ii) An individual who loses exempt status due to a change in circumstances not subject to the reporting requirements of section 387.17(e) of this Title must register for work at his/her household's next recertification.