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 stamp program unless the individual qualifies for one of the exemptions in paragraph (B) of this rule. An individual is considered to be enrolled in an institution of higher education if 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 if 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) 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.
The student is age seventeen or younger or age fifty or older.
The student is physically or mentally unfit. (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 a cash payment of OWF under Title IV of the Social Security Act of 1935 as amended.
(4) Enrolled through work activity programs
The student is enrolled in the institution of higher education as a result of participation in the work activity program under Title IV of the Social Security Act.
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 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 stamps, 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. If 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. If 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. The exemption only applies to months in which the student is approved for work study.
(7) Participation in on-the-job training program
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 (AG) 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 AG 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) Single parent with 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 food stamp AG as the child. If no natural, adoptive, or stepparent is in the same food stamp AG as the child, another full-time student in the same food stamp AG as the child may qualify for eligible student status under this provision if 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:
(a) A program under the Workforce Investment Act of 1998 ( Public Law 105-220 );
(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 ); or
(d) An employment and training program for low-income AGs 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 stamp employment and training program component. Using food stamp employment and training criteria, county agencies shall make the determinations as to whether or not a program qualifies. 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) Enrollment status
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) Ineligible student status
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 stamp program. The income and resources of the ineligible student shall not be counted in determining eligibility or level of benefits of the AG, as specified in rule 5101:4-6-15 of the Administrative Code. In some situations, such as when the ineligible student is a parent living with minor children, it is difficult to determine whether income is that of the parent or that of the children. In such instances, attempts shall be made to verify the ineligible student's share of the income, so that only that portion attributed to the eligible AG members is used in determining their financial eligibility and the rest is excluded as the ineligible student's share. For example:
(1) If the parent is receiving support payments on behalf of the children, the county agency shall determine whether a portion of the payment is considered spousal support. If so, the parent's share shall be excluded; if not, the entire amount shall be attributed to the children, even if the support payments are the only income to the AG. "Spousal support" is a generic term for the support paid by a man to a woman or by a woman to a man, as opposed to "alimony" which commonly refers to only the support paid by a man to a woman.
(2) If the parent is receiving social security benefits, veteran's administration benefits, etc. on behalf of herself and her minor children, that portion attributed to the parent shall be excluded.
(3) If the parent is receiving unemployment compensation, the income shall be divided equally among all family members, including the parent. All but the parent's share is counted as income to the children. Even though the parent is receiving compensation for his own unemployment, the amount is based on the number of his dependents.
(E) Residents of dormitories
Residents of institutions are not eligible for program participation. Dormitories are considered institutions if they provide students the majority of their meals, and the dormitory is not authorized to accept food stamp benefits. If a student can demonstrate that the dormitory does not provide him or her a majority of his meals, the student may participate if otherwise eligible. For example, if 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.
R.C. 119.032 review dates: 03/19/2008 and 06/01/2013
Promulgated Under: 111.15
Statutory Authority: 5101.54
Rule Amplifies: 329.04, 329.042, 5101.54
Prior Effective Dates: 8/1/84 (Emer.), 10/20/84, 8/16/85 (Emer.), 11/1/85 (Emer.), 1/1/86, 4/10/87 (Emer.), 6/22/87, 8/1/87 (Emer.), 10/25/87, 3/24/88 (Emer.), 6/18/88, 1/1/89 (Emer.), 3/18/89, 10/1/90, 8/1/92 (Emer.), 10/30/92, 9/1/94, 2/1/96, 2/1/99, 5/1/03