A. Any
person who is age eighteen (18) through forty-nine (49) and enrolled at least
half time in an institution of higher education shall not be eligible to
participate in the SNAP unless the person meets one of the exemption criteria
outlined at 4.306.1.
B. The
following individuals are not considered under student eligibility criteria:
1. Persons aged seventeen (17) or
under;
2. Persons aged fifty (50)
or over;
3. Persons enrolled less
than half time;
4. Persons enrolled
full time in schools and training programs that are not institutions of higher
education;
5. Persons attending
high school;
6. Persons
participating in an on-the-job training program. On-the-job training is defined
as training in an employment environment and does not include an internship,
field work, or practical experience associated with a course of higher
education.
C. The
enrollment status of a student shall begin on the first day of the school term
of the institution of higher education. Once a student enrolls in an
institution of higher education, such enrollment shall be deemed continuous
through normal periods of class attendance, vacation, and recess unless the
student graduates, is suspended or expelled, drops out or does not intend to
register for the next normal school term (excluding summer session). It is
possible for a student to enroll prior to the beginning of the school term.
However, for eligibility purposes, enrollment starts when the student starts
classes.
4.306.1
Student
Exemption Criteria
To be eligible to participate in SNAP, a student must meet at
least one (1) of the following exemptions:
A. Be physically or mentally unfit for
employment (including students participating through or in a vocational
rehabilitation program).
If mental or physical unfitness for employment is claimed and
the unfitness is not evident to the local office, verification may be required.
Appropriate verification may consist of receipt of temporary or permanent
disability benefits or a statement from a physician or licensed
psychologist.
B. The student
is employed for an average of twenty (20) hours per week and is paid for such
employment. The student shall be employed an average of twenty (20) hours each
week, regardless of wages received.
If the student is self-employed, the student shall work an
average of twenty (20) hours a week and have earnings after allowable business
expenses are deducted equal to at least the federal minimum wage multiplied by
twenty (20) hours.
The weekly employment of twenty (20) hours may be based on an
average number of hours worked per month, so long as the student is employed
for eighty (80) hours per month.
C. The student is participating in a state or
federally financed work-study program. The student shall be approved for a
work-study program at the time of application for SNAP. The work-study shall be
approved for the school term and the student shall anticipate working during
that time. The student qualifies for this exemption the month the school term
in which the work-study will occur begins or the month work-study is approved,
whichever is later. The exemption will continue until the end of the school
term or until it becomes known that the student has refused an assignment. The
exemption shall not continue between terms when there is a break of one (1)
full month or longer unless the student is participating in work-study during
the break.
D. The student is
responsible for more than half of the physical care of a dependent household
member under the age of six (6), or a full-time student who is a single parent
with responsibility for the care of a dependent child under age twelve (12).
The single parent 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. A full-time student in the same SNAP household with a
child who is under their parental control may qualify if they do not reside
with their spouse.
E. The student
is responsible for more than half of the physical care of a dependent household
member who has reached the age of six (6) but is under the age of twelve (12)
where the local office has determined that adequate childcare is not available
to enable the individual to attend class and satisfy the requirement of item B
or item C, above.
F. The student is
receiving a Title IV-A TANF cash grant. The student's needs shall be included
in the grant to be eligible under this provision. Family Preservation is not
considered a TANF cash grant.
G.
The student is assigned to or placed in an institution of higher education
through a program under the Workforce Innovation and Opportunity Act (WIOA),
Employment First (EF), a program under Section 236 of the Trade Act of 1974
(19 U.S.C.
2296), another program for the purpose of
employment and training operated by the state or local government (program
shall have at least one (1) component equivalent to the SNAP EF Program), or as
a result of participating in the JOBS program under Title IV of the Social
Security Act.
Self-initiated placement during the period the person is
enrolled in one of these employment and training programs shall comply with the
requirements of the employment and training program in which the person is
enrolled. This placement is considered in compliance provided that the
Employment and Training program has a component for enrollment in an
institution of higher education and that the Employment and Training program
accepts the placement. Persons who voluntarily participate in one of these
employment and training programs and are placed in an institution of higher
education through or in compliance with the requirements of the Employment and
Training program shall also qualify for the exemption.
H. The student is participating in an
on-the-job training program. A person is participating in an on-the-job
training program only during the period the person is being trained by an
employer. ***
Notes
10 CCR 2506-1-4.306
37
CR 15, August 10, 2014, effective 9/1/2014
37
CR 21, November 10,2014, effective 12/1/2014
38
CR 23, December 10, 2015, effective 1/1/2016
39
CR 01, January 10, 2016, effective
2/1/2016
39
CR 05, March 10, 2016, effective
4/1/2016
39
CR 07, April 10, 2016, effective
5/1/2016
39
CR 15, August 10, 2016, effective
9/1/2016
39
CR 17, September 10, 2016, effective
10/1/2016
39
CR 19, October 10, 2016, effective
11/1/2016
39
CR 23, December 10, 2016, effective
1/1/2017
40
CR 11, June 10, 2017, effective
7/1/2017
40
CR 17, September 10, 2017, effective
10/1/2017
41
CR 15, August 10, 2018, effective
9/1/2018
40
CR 23, December 10, 2017, effective
12/30/2018
42
CR 01, January 10, 2019, effective
2/1/2019
42
CR 03, February 10, 2019, effective
3/15/2019
42
CR 17, September 10, 2019, effective
10/1/2019
42
CR 18, October 10, 2019, effective
10/1/2019
42
CR 23, December 10, 2019, effective
12/30/2019
43
CR 01, January 10, 2020, effective
1/30/2020
43
CR 05, March 10, 2020, effective
2/7/2020
43
CR 07, April 10, 2020, effective
4/30/2020
43
CR 21, November 10, 2020, effective
11/30/2020
44
CR 21, November 10, 2021, effective
11/30/2021
45
CR 05, March 10, 2022, effective
3/30/2022
45
CR 19, October 10, 2022, effective
10/1/2022
45
CR 19, October 10, 2022, effective
11/1/2022
45
CR 21, November 10, 2022, effective
11/30/2022
46
CR 17, September 10, 2023, effective
9/30/2023
