Ineligible individuals.

(i) Ineligible student. An individual who does not meet the definition of a student as contained in subdivision (ii) of this section.

(ii) Ineligible alien. An individual who is not a citizen of the United States and does not meet the eligible alien requirements set forth in section 387.9(a)(2) of this Part. An alien who is a qualified alien, as set forth below, is not eligible to participate in the food stamp program unless otherwise provided for in section 387.9(a)(2) of this Part.

(a) Qualified alien is an alien who at the time the alien applies for, receives or attempts to receive food stamp benefits, is:

(1) an alien who is lawfully admitted for permanent residence under the Immigration and Nationality Act;

(2) an alien who is granted asylum under section 208 of the Immigration and Nationality Act;

(3) a refugee who is admitted to the United States under section 207 of the Immigration and Nationality Act;

(4) an alien who is paroled into the United States under section 212(d)(5) of the Immigration and Nationality Act for a period of at least one year;

(5) an alien whose deportation is being withheld under section 243(h) of the Immigration and Nationality Act; or

(6) an alien who is granted conditional entry pursuant to section 203(a)(7) of the Immigration and Nationality Act as in effect prior to April 1, 1980.

(iii) Intentional program violator. An individual who is disqualified for an intentional program violation as defined in this section.

(iv) An individual who is disqualified for failure to provide a social security number (SSN) as set forth in section 387.9(a)(5) of this Part.

(ix)

(a) An individual found by a State agency to have made or is convicted in a Federal or State court of having made a fraudulent statement or representation with respect to the identity or place of residence of the individual in order to receive multiple benefits simultaneously under the food stamp program. Such an individual is ineligible to participate in the food stamp program as a member of any household for a period of 10 years.

(b) An individual convicted in a Federal or State court of having made a fraudulent statement or representation with respect to the place of residence of the individual in order to receive public assistance, medical assistance or food stamps simultaneously from two or more states or supplemental security income in two or more states. Such an individual is ineligible to participate in the Food Stamp Program as a member of any household for a period of 10 years from the date of such individual's conviction. This paragraph does not apply with respect to the conviction of an individual in any month beginning after the President of the United States grants a pardon with respect to the conduct which was the subject of the conviction.

(vi) Individuals or groups of individuals who are residents of an institutional living arrangement except for the following:

(a) residents for federally subsidized housing for the elderly, built under section 202 of the Housing Act of 1959 (P.L. 86-372) or section 236 of the National Housing Act (P.L. 73-479);

(b) drug addicts or alcoholics residing in public or approved nonprofit private drug or alcoholic treatment centers, and children who live with their parent or parents in such drug or alcoholic treatment centers, which meet the requirements of subdivision (l) of this section;

(c) disabled persons who reside in approved group living facilities as defined in this section;

(d) women or women with their children who are residing in temporary shelters for battered women and children as defined in subdivision (ff) of this section;

(e) homeless individuals or families residing in temporary public or private nonprofit shelters for homeless persons.

(vii) Residents of a commercial boarding home.

(viii) Individuals living with others and paying compensation to others for meals and lodging but not meeting the requirements as defined in this section for group living/shelter arrangements.

(x) Fleeing felon. An individual is ineligible to participate in the food stamp program as a member of any household for any period during which the individual is fleeing to avoid prosecution, or custody or confinement after conviction, under the law of the place from which the individual is fleeing, for a crime, or attempt to commit a crime, that is a felony under the law of the place from which the individual is fleeing or that, in the case of the State of New Jersey, is a high misdemeanor under the law of New Jersey.

(xi) An individual violating a condition of probation or parole imposed under a Federal or State law.