1. A. An individual enrolled at least half-time (as defined by the institution) in an institution of higher education is considered a student. A student is ineligible to receive SNAP benefits unless the individual meets at least one of the following conditions:

   1. 1. under age 18 or over age 49;
   2. 2. physically or mentally unfit;
   3. 3. receiving FITAP benefits;
   4. 4. employed an average of at least 20 hours per week, and be paid for such employment, or if self-employed, employed for an average of at least 20 hours per week and receives weekly earnings at least equal to the federal minimum hourly wage multiplied by 20 hours;
   5. 5. participating in a state or federally financed work-study program during the regular school year;
   6. 6. participating in an on-the-job training program;

   7. 7. responsible for the care of a dependent household member who is:

      1. a. under age 6; or
      2. b. age 6 or over but under age 12 and adequate child care is not available;
   8. 8. is a single parent who is a full-time student (as defined by the institution) and who is responsible for the care of a dependent child under age 12, regardless of the availability of adequate child care;

   9. 9. assigned to or placed in an institution of higher education through or in compliance with the requirements of one of the following:

      1. a. the work program under Title IV of the Social Security Act, which is the Strategies to Empower People (STEP) Program;
      2. b. the Workforce Innovation and Opportunity Act of 2015;
      3. c. a SNAP employment and training program subject to the condition that the course or program of study is part of a program of career and technical education as defined in section 3 of the Carl D Perkins Career and Technical Education Act of 2006 (20 U.S.C 2302) designed to be completed in not more than four years at an institution of higher education or is limited to remedial course, basic adult education, literacy, or English as a second language;
      4. d. a program under Section 236 of the Trade Act of 1974; or
2. e. a state or local government employment and training program.

3. B. An institution of higher education is a:

   1. 1. business, technical, trade, or vocational school that normally requires a high school diploma or equivalency certificate (GED) for enrollment in the curriculum; or
   2. 2. college or university that offers degree programs regardless of whether a high school diploma or equivalency certificate (GED) is required.

Authority Note

AUTHORITY NOTE: Promulgated in accordance with 7 CFR 273.5., P.L. 107-171, P.L. 110-246.

Historical Note

HISTORICAL NOTE: Promulgated by the Department of Health and Human Resources, Office of Family Security, LR 9:131 (March 1983), amended by the Department of Social Services, Office of Family Support, LR 24:1783 (September 1998), LR 32:1616 (September 2006), amended by the Department of Children and Family Services, Economic Stability and Self-Sufficiency Section, LR 36:2528 (November 2010), amended by the Department of Children and Family Services, Economic Stability Section, LR 45:1440 (October 2019).