1. (a) The primary target group of the congregate meal program is eligible persons with the greatest economic or social needs, particularly low-income minority elderly and those who cannot afford to eat adequately or lack knowledge, skills, mobility, or motivation to obtain adequate food, or are otherwise at increased nutritional risk.
2. (b) A means test may not be used to determine eligibility for the Older Americans Act Nutrition Program, however, a means test may be applied to individuals who receive meals funded by sources which require a means test such as the Social Services Block Grant (SSBG).

3. (c) Individuals will be eligible to participate in congregate meal services in one (1) of the following two (2) categories:

   1. (1) Any individual determined to be eligible and who will benefit nutritionally from a congregate meal, and is:

      1. (A) A person sixty (60) or more years of age;
      2. (B) The spouse of a sixty-plus (60+) program participant;
      3. (C) An individual with a disability or disabilities, not yet age sixty (60), who resides in the home with and accompanies older persons eligible under the Older Americans Act, 42 U.S.C. § 3001 et seq., when the care and maintenance of the person with disabilities would otherwise prevent participation of the older person (see SSBG if SSBG client), and if participation of the person with disabilities will not prevent participation of older persons and their spouses;
      4. (D) With area agency on aging approval, a person with a disability or disabilities, not yet age sixty (60), living in a housing facility designated as elderly housing which provides congregate nutrition services, if participation by the person with disabilities will not prevent the participation of older persons and their spouses;
      5. (E) Persons age sixty (60) or more who meet Social Services Block Grant income, residence, and need for service criteria, if served by SSBG funds; or
      6. (F) Individuals not yet age sixty (60), who provide meal-related volunteer services during meal hours, when participation does not prevent an older person and their spouse from participating; and

   2. (2) Persons eligible to participate, but who must pay the full cost of the meal and may not be included in the number of meals reported for payment/reimbursement:

      1. (A)

4. (i) Staff members under age sixty (60) may consume a meal only when it will not deprive an eligible older person of an opportunity to receive a meal.

   1. (ii) The provider may choose to provide staff meals at no cost or at reduced cost as a fringe benefit;

      1. (B) Guests under age sixty (60) if it will not deprive older persons and their spouses of a meal; and

      2. (C)

         1. (i) Older persons under the care of an agency/organization which is receiving reimbursement for their meal, e.g., nursing homes, adult daycare programs, residential care facilities, providing that the agency/organization pays the center the full cost of the meal, makes any required reservations, and provides attendant assistance, as needed.
         2. (ii) Contributions may not be solicited and Older Americans Act reimbursement cannot be claimed.

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows: “1-1-96”