(A) Who is considered
to be an ineligible student?
(1) An individual who
is enrolled at least half-time, as determined by the school, in an institution of
higher education shall be ineligible to participate in the food assistance supplemental nutrition
assistance program (SNAP) unless the individual
qualifies for one of the exemptions in paragraph (B) of this rule.
(2) An individual is
considered to be enrolled in an institution of higher education ifwhen the individual is enrolled
in a business, technical, trade, or vocational school that normally requires a high
school diploma or equivalency certificate for enrollment in the curriculum or ifwhen the individual is enrolled
in a regular curriculum at a college or university that offers degree programs regardless
of whether a high school diploma is required.
(B) What are the student
exemptions?
To be eligible for the program, a student as defined in paragraph
(A) of this rule must meet at least one of the following criteria:
(1) Age: the student
is age seventeen or younger or age fifty or older.
(2) Unfit to work:
the student is physically or mentally unfit for work in accordance
with rule 5101:4-3-11 of the Administrative Code. (Note: to determine "unfitness", the criteria in rule
5101:4-3-11 of the Administrative Code are used, not the criteria of "disabled"
found in rule 5101:4-1-03 of the Administrative Code.)
(3) Recipient of Ohio
works first (OWF): the student is considered to be a recipient of an OWF cash payment.
(4) Enrolled through
work activity programs: the student is enrolled in the institution of higher education
as a result of participation in an OWF work activity program.
(5) Employed: the student
is employed for a minimum of twenty hours per week and is paid for such employment
or, if self-employed, is employed for a minimum of twenty hours per week and receiving
weekly earnings at least equal to the federal minimum wage multiplied by twenty
hours. The twenty hours per week is specific. The total hours worked in a month
cannot be averaged.
(6) Participation in
a work study program: the student is participating in a state-financed or federally-financed
work study program during the regular school year. To qualify under this provision,
the student must be approved for work study at the time of application for food assistanceSNAP, the work
study must be approved for the school term, and the student must anticipate actually
working during that time.
The exemption shall begin with the month in
which the school term begins or the month work study is approved, whichever
is later. Once begun, the exemption shall continue until the end of the month in which the school term ends, or it becomes known that
the student has refused an assignment. IfWhen it is determined that a student had been approved and
anticipated performing work study hours that did not materialize, no claim is to
be created. IfWhen a
determination is made that the student deliberately gave wrong or misleading information,
a claim is to be created. The student work study exemption shall not continue between
terms when there are breaks of a full month or longer unless the student is participating
in work study during the break.
(7) Participation in
on-the-job training: the student is participating in an on-the-job training program.
An individual is considered to be participating in an on-the-job training program
only during the period of time the individual is being trained by the employer.
(8) Care of a child
under age six: the student is responsible for the care of a dependent assistance
group member under the age of six.
(9) Care of a child
between six and eleven years of age: the student is responsible for the care of
a dependent assistance group member who has reached the age of six but is under
age twelve when the county agency has determined that adequate child care is not
available to enable the student to attend class and comply with the work requirements
of paragraphs (B)(5) and (B)(6) of this rule.
(10) A single parent
with a child under age twelve: the student is a single parent enrolled in an institution
of higher education on a full-time basis (as determined by the institution) and
is responsible for the care of a dependent child under age twelve. This provision
applies in those situations where only one natural, adoptive, or stepparent (regardless
of marital status) is in the same assistance group as the child. IfWhen no natural, adoptive,
or stepparent is in the same food assistanceSNAP assistance group as the child, another full-time student
in the same assistance group as the child may qualify for eligible student status
under this provision ifwhen
he or she has parental control over the child and is not living with his or her
spouse.
(11) Assigned to school through appropriate program: the student is assigned
to or placed in an institution of higher education through or in compliance with
the requirements of one of the following programs identified in paragraphs (B)(11)(a) to (B)(11)(d) of this rule.
Self-initiated placements during the period of time the individual is enrolled in
one of these employment and training programs shall be considered to be in compliance
with the requirements of the employment and training program in which the individual
enrolled, provided that the program has a component for enrollment in an institution
of higher education and that program accepts the placement. Individuals 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 program shall also qualify for the exemption. The programs are:
(a) A program under
the Workforce Investment Act Workforce Innovation and Opportunity Act of 1998 (Public
Law 105-220) (08/1998 8/1998);
(b) An employment and
training program under Chapter 5101:4-3 of the Administrative Code;
(c) A program under
section 236 of the Trade Act of 1974 (19 U.S.C. 2296) (01/2012 1/2012); or
(d) An employment and
training program for low-income assistance groups that is operated by a state or
local government where one or more of the components of such program is at least
equivalent to an acceptable food assistanceSNAP employment and training (E&T)
program component. Self-initiated placements during the period
of time the individual is enrolled in one of these employment and training programs
shall be considered to be in compliance with the requirements of the employment
and training program in which the individual enrolled provided that the program
has a component for enrollment in an institution of higher education and that program
accepts the placement. Individuals 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 program shall also qualify for the
exemption.
(C) How is enrollment
status determined?
The enrollment status of a student shall begin on the first day of
the school term of the institution of higher education. Such enrollment shall be
deemed to continue 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 school.
(D) How is an ineligible
student's income and resources handled?
An individual who is subject to the requirements of paragraph (B)
of this rule but who does not meet any of the criteria shall be considered ineligible
to participate in the food assistanceSNAP program. The income and resources of the ineligible
student shall not be counted in determining eligibility or the level of benefits
for the assistance group, as specified in rule 5101:4-6-15 of the Administrative
Code.
(E) Are residents of
dormitories eligible?
Residents of institutions are not eligible for program participation.
Dormitories are considered institutions ifwhen they provide students the majority of their meals and
the dormitory is not authorized to accept food assistanceSNAP benefits. IfWhen a student can demonstrate that the dormitory does not
provide him or her a majority of his meals, the student may participate ifwhen otherwise eligible.
For example, ifwhen
the dormitory has separate room/board contracts and the student only enters into
a "room" contract, the student would not be considered a resident of an
institution.
Effective: 9/1/2018
Five Year Review (FYR) Dates: 4/25/2018 and 09/01/2023
Certification: CERTIFIED ELECTRONICALLY
Date: 08/01/2018
Promulgated Under: 111.15
Statutory Authority: 5101.54
Rule Amplifies: 329.04, 329.042, 5101.54
Prior Effective Dates: 08/01/1984 (Emer.), 10/20/1984,
08/16/1985 (Emer.), 11/01/1985 (Emer.), 01/01/1986, 04/10/1987 (Emer.),
06/22/1987, 08/01/1987 (Emer.), 10/25/1987, 03/24/1988 (Emer.), 06/18/1988,
01/01/1989 (Emer.), 03/18/1989, 10/01/1990, 08/01/1992 (Emer.), 10/30/1992,
09/01/1994, 02/01/1996, 02/01/1999, 05/01/2003, 06/06/2008, 06/01/2013