204 Student Status

An individual is considered 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. Colleges or universities normally require diplomas or certificates but allow exceptions for some students who are not high school graduates to enroll in classes. These institutions are still considered institutions of higher education. The enrollment status of a student shall begin on the first day of the school term of the institution of higher education. Individuals who met eligible student criteria during the regular school year and are expected to meet criteria in the fall, continue to be considered eligible students during school breaks, including summer, if the individual continues to meet student eligibility (e.g., employed, has a dependent A person who relies on another for support., etc.).

Exception:Work-study exemption does not continue between terms when there is a break of a full month or longer unless the student is participating in work-study during the break.

Student’s that have purchased a meal plan, regardless of if it is mandatory or by choice, for more than half of their daily meals are not eligible to participate. This includes students living on or off campus.

The following students are not required to meet the special student eligibility criteria listed:

1. Under the age of 18 years old (through the month the individual turns 18 years old).

2. Age 50 or older (effective the month the individual turns 50).

3. Physically or mentally unable to work; NOTE: If mental or physical impairment is claimed and not evident, verification Third-party information or documentation used to establish the accuracy of statements. may be required. Verification may consist of:

   1. receipt or application Filing a signed Application for Assistance via paper application or through the self-service portal of the eligibility system to establish eligibility and assign a review period. for temporary or permanent disability benefits issued by governmental or private sources; or,

   2. a statement from a medical professional verifying that the individual is unable to work an average of 20 hours per week.

   3. Individuals accepted and actively involved in vocational rehabilitation, including veteran’s vocational rehabilitation.

4. Attending high school or working to obtain a GED.

5. Be participating in an on-the-job training program where an employer pays the participant A person who is eligible for benefits under SNAP, even if that person is not currently receiving benefits because the amount is too low, or the person is under a sanction or disqualification. wages. A person is considered to be participating in an on-the-job training program only during the period of time the person is being trained by the employer;

   NOTE: Student teaching is part of a college curriculum and does not qualify as on-the-job training. Therefore, these students need to meet one of the seven criteria listed in the ELIGIBLE STUDENT CRITERIA section of this policy to be an eligible student.

6. Enrolled less than half-time (as defined by the institution); or,

7. Enrolled full-time, in schools or training programs that are not considered institutions of higher education. Although these individuals do not need to meet student criteria, their educational income must be evaluated when determining eligibility and calculating benefits.

    

All students aged 18 through 49 enrolled AT LEAST half time (as defined by the institution) in an institution of higher education, who do not meet any exception of this section, must be evaluated to determine their eligibility to receive SNAP benefits. A student who is eligible to participate in SNAP is a student who meets at least one of the following criteria:

1. Employed a minimum of 20 hours per week and paid for such employment. There is no stipulation the student earn federal minimum wage multiplied by 20 hours. However, if an individual is self-employed, he/she must be employed at least 20 hours per week and earning at least the federal minimum wage multiplied by 20.

   Note: Work hours can be averaged monthly to determine if the student is working an average of 20 hours per week.

2. Participating in a state or federally financed work study program during the regular school year. The number of work study hours per week is not a consideration. The student must be approved for work study at the time he/she applies for SNAP benefits, the work study must be approved for the school term, and the student must anticipate working during that time.

   1. Student eligibility based on work study begins the month the school term starts or the month the work study is approved, whichever is later. The exemption continues until the end of the month the school term ends or until it becomes known that the student has refused a work study assignment.

   2. The exemption does not continue between terms when there is a break of a full month or longer unless the student is participating in a work study position during the break.

   3. If student exhausts work study hours and continues working, the income received is no longer considered excluded educational income but, is countable wages. Eligibility based on participation in work study ends. The student must now be working an average of 20 hours a week or meet other criteria to remain an eligible student.

3. Responsible for the care of a dependent household member under the age of 6. No more than one adult can claim a child. If the household has three children under the age of 6 and three adults, all adults could be eligible students. Relationship to the child is not a consideration. However, case notes must clearly document Used as a noun, as in documentary evidence indicates a written record of the circumstances of an event or fact. Used as a verb, indicates the act of entering the case file actual proof or statement of proof that the contents of the record are accurate. which adult is caring for which child.

4. Responsible for the care of a dependent household member who has reached the age of 6 but is under age 12 and the eligibility staff member has determined adequate childcare is not available to allow the student to attend class and comply with the work requirements required to be considered an eligible student.

   Note:Only one adult can claim a child.

5. A single parent, enrolled in an institution of higher education on a full-time basis (as determined by the institution), which is responsible for the care of a dependent child under age 12.

   1. Applies when only one natural, adoptive or stepparent (regardless of marital status) is in the same SNAP household as the child.

   2. If no natural, adoptive or stepparent is in the same SNAP household as the child, another full-time student in the same SNAP household as the child may qualify for eligible student status under this provision if he/she has parental control When a child, under 18 is financially or otherwise dependent upon an adult member of the household, that child is considered to be under the parental control of the adult. over the child and is not living with his or her spouse Is a person of the opposite or same sex who is legally married to another person. To be valid couples are required to obtain a marriage license through the County Recorder’s Office. Marriages that occur outside of North Dakota are considered valid in North Dakota if: 1. The marriage was legally performed in another state; or 2. The marriage is a common law marriage that occurred in another state and was considered a valid marriage in that state (the couple would be required to provide documentation verifying that the common-law marriage was considered valid by the state in which it took place); or 3. The marriage occurred in another country and the marriage was considered valid according to the law of the country where the marriage was contracted, unless the marriage violates the strong public policy of North Dakota. 4. Polygamous marriages violate the strong public policy of North Dakota. In situations where polygamy has occurred, the first marriage is considered valid in North Dakota if the marriage meets the criteria in numbers 1, 2, or 3 above. Any additional spouse(s) claimed after the first marriage are considered non-relative..

6. An individual receiving or authorized to receive TANF cash assistance, or Tribal TANF.

   Note: If an individual is disqualified from TANF cash assistance or Tribal TANF, he/she loses eligible student status unless they meet another eligible student category.

7. Attending a program of career and technical education as part of the Carl D. Perkins Career and Technical Education Act of 2006 designed to be completed in not more than 4 years at an institution of higher education as defined in the Higher Education Act of 1965.

   Note: There are only certain colleges in North Dakota and certain degrees that received the funding, which may change Information that is different from what is currently used to determine eligibility and/or benefits. from year to year. Contact the college to verify if the applicant An individual who submits an application for assistance under the SNAP program. reports participating in the Perkins Act program.

8. Attending an institution of higher education through or in compliance with:

   1. a program under the Work Investment Act (WIA).

   2. a program under the Trade Adjustment Act (TAA) program administered by the Department of Labor; or,

   3. an employment and training program for low-income households that is operated by a state or local government (e.g., when Vocational Rehabilitation retrains individuals by sending them to college).

   Note:To verify WIA and TAA contact Job Service of ND with signed ROI to verify.

    

Deductible expenses of eligible students are allowed in determining the benefit level.

If an ineligible student shares expenses with an eligible household member(s), the amount actually paid by or billed to the eligible household member(s) is allowed as a deduction. EXCEPTION: If an ineligible student shares utility expenses with an eligible household member, the eligible household member is entitled to the full appropriate utility allowance. The eligibility staff member must discuss with the household who is responsible for household expenses and clearly document in narrative.