5101:4-6-04 Food assistance: student enrolled in an institution of higher education.

(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 program 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 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) 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. (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 assistance, 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.

(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. If no natural, adoptive, or stepparent is in the same food assistance 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 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 ) (08/1998);

(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); 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 assistance employment and training 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 assistance 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 if they provide students the majority of their meals and the dormitory is not authorized to accept food assistance 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.

Replaces: 5101:4-6-04

Effective: 06/01/2013
R.C. 119.032 review dates: 06/01/2018
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, 6/6/08