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Page 5 – CMCS Informational Bulletin

(D) Be enrolled in an educational program, including an institution of higher education (as defined in section 101 of the Higher Education Act of 1965) and a program of career and technical education (as defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006), at least half-time. (E) Engage in any combination of the activities described in (A) through (D) for a total of at least 80 hours. (F) Have a monthly income that is not less than the applicable federal minimum wage requirement under section 6 of the Fair Labor Standards Act of 1938, multiplied by 80 hours; e.g., currently, $7.25 x 80 = $580 per month.3 (G) Have had an average monthly income over the preceding 6 months that is not less than the applicable federal minimum wage requirement under section 6 of the Fair Labor Standards Act of 1938 multiplied by 80 hours, and is a seasonal worker, as described in section 45R(d)(5)(B) of the Internal Revenue Code of 1986. Exclusions from and Exceptions to Community Engagement Requirements Exclusions (section 1902(xx)(9)(A)(ii) of the Act) Individuals meeting the definition of a “specified excluded individual” (meaning that they are excluded from the “applicable individual” definition) for part or all of a relevant month are not subject to demonstrating community engagement for that month. The following persons are “specified excluded individuals”: 1. An individual described in section 1902(a)(10)(A)(i)(IX) of the Act (the former foster care children eligibility group); 2. An American Indian or Alaska Native who: (A) is an Indian or an Urban Indian (as defined in paragraphs (13) and (28) of section 4 of the Indian Health Care Improvement Act), (B) is a California Indian (as described in section 809(a) of such Act), or (C) has otherwise been determined eligible as an Indian for the Indian Health Service under HHS regulations; 3. A parent, guardian, caretaker relative, or family caregiver (as defined in section 2 of the RAISE Family Caregivers Act, P.L. 115-119)4 of a dependent child who is 13 years of age and under or of a disabled individual; 4. A veteran with a disability rated as total under 38 U.S.C. § 1155; 5. An individual who is medically frail or otherwise has special medical needs (as defined by the Secretary), including an individual: who is blind or disabled (as defined in section 1614 of the Act); with a substance use disorder; with a disabling mental disorder; with a 3 29 U.S.C. § 206(a)(1)(C). 4 See https://www.congress.gov/115/statute/STATUTE-132/STATUTE-132-Pg23.pdf.