Page 105

Page | 104 7310 STUDENTS

This section has the policies and procedures unique to students. Students attending institutions of higher education must follow the special eligibility criteria defined in the following sections.

7311 ELIGIBILITY CRITERIA FOR STUDENTS

A. Special eligibility criteria – Individuals ages 18 through 49, physically and mentally fit, and enrolled at least half time in an institution of higher education are ineligible unless they meet at least one of the following criteria. Documentation in the narrative and a copy of the completed Student Eligibility Checklist, DSS-EA-328 is required.

1. Are employed for pay at least 80 hours per month. If self-employed, work at least 80 hours per month and earn at least the federal minimum hourly wage times 80 (gross income).

2. Participate in work study during the regular school year.

3. Be responsible for the care of a dependent household member under age six. Student eligibility criteria based on responsibility for the care of dependents is to be consistent with work registration exemptions based on the same criteria. Traditionally, the work registration provision has always referred to the physical care of a dependent and has always been limited to allowing only one person to claim an exemption as the primary person responsible for the care of a dependent in situations where more than one person shares such responsibility. If both parents are students, they have more than one child under 6, and each claim responsibility for one of the children, both would be eligible students.

4. A single parent enrolled full-time in an institution of higher education with responsibility for the care of a dependent child under age 12. The single parent must be enrolled full-time. This exemption rule applies regardless of the availability of adequate child care. a.) This provision applies in those situations where only one natural, adoptive or stepparent (regardless of marital status) is in the same SNAP household as the child. b.) If no natural, adoptive or stepparent is in the same SNAP household as the child, another full-time student in the same SNAP household as the child may qualify for 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.

5. Be responsible for the care of a dependent household member who has reached the age of six but is under age 12 where the Specialist has determined that adequate child care is not available to enable the student to attend class and comply with 1 or 2 above. (Specialists have the discretion to accept reasonable statements from the student that adequate child care is not available and to take other considerations into account such as location of nearest day care facility, availability of funds to pay for adequate child care, etc.)

6. Receiving benefits from TANF or Tribal TANF. If the student is sanctioned from TANF or Tribal TANF, he/she is not an eligible student based on TANF or Tribal TANF eligibility.