FSC Manual 08/01/94

1622 Determining Eligibility of Students

In the Food Stamp Program, a household member who is enrolled in an institution of higher education or an institution of post secondary education is considered to be a student. Some students are eligible to participate in the Food Stamp Program and others are not.

The following students may participate in the Food Stamp Program if otherwise eligible.

• People attending high school or high school equivalency courses.

• People enrolled part time or full time in recognized schools or training programs that are not institutions of higher education.

• People participating in an on-the-job training program. A person is only considered to be participating in on-the-job training during the period he or she is being trained by the employer. During the period the person is attending classes, he or she would have to be otherwise classified as an eligible student to participate in the Food Stamp Program.

For example, a man is in a program that requires him to attend classes for 10 weeks and then be trained by an employer for 10 weeks. During the first 10-week period, the person would be classified as an ineligible student unless he was classified as an eligible student for some other reason.

The following students may participate in the Food Stamp Program if otherwise eligible even if they are attending institutions of higher education.

• People age 17 or younger

• People age 50 or older

• People who are physically or mentally disabled as defined in the [Glossary], under "Aged/Disabled", or as verified by a statement from a physician or other health professional, or whose educational expenses are partially or fully covered by funds from Rehabilitative Services

Other students who attend institutions of higher education may participate in the Food Stamp Program only if they meet at least one of the criteria in [FSC 1622.2] and are otherwise eligible.

Students who are not eligible to participate in the Food Stamp Program are excluded as household members. The rest of the student's household may participate in the Program if otherwise eligible. See [FSC 1622.9]. If a household is composed solely of ineligible students, the application will be denied or the case will be closed. [FSC 11300] contains general instructions for closing cases and providing notices.  [FSC 3290] explains work registration for eligible students.

FSC Manual 02/01/97

1622.1 Educational Institution

An institution of post secondary education is any public or private educational institution that admits persons who are beyond the age of compulsory school attendance. The age of compulsory school attendance is set by the state in which the institution is located. Such institutions must be legally authorized or recognized by the state of location or must provide a program of training which prepares students for gainful employment.

A student is considered to be enrolled in an institution of higher education if he or she is enrolled in a regular curriculum at a college or university that offers degree programs regardless of whether a diploma is required. A college includes a junior, community, two-year, or four-year college or a university. A person who is attending a business, technical, trade, or vocational school that normally requires a high school diploma or equivalency certificate for enrollment in the curriculum is also enrolled in an institution of higher education.

Business, trade, and vocational schools are considered institutions of higher education if they normally require a high school diploma or equivalency certificate for enrollment. In some of these schools, individuals may choose among several more courses that provide practical skills. Some of these courses do require a diploma or the equivalent to enroll while others do not. Those enrolled in a curriculum for which a diploma is required are considered to be enrolled in an institution of higher education.

"Normally requires" means a person is required to have a high school diploma or equivalency certificate, but if the person does not have either, he may be enrolled by passing a special entrance examination. If a high school diploma or equivalency certificate is only required prior to completion of course work, as opposed to required for enrollment, students are not considered to be attending an institution of higher education. In addition, programs designed to help a person pass the General Education Diploma (GED) test do not qualify the person as attending an institution of higher education.

Enrollment in an educational institution begins with the first day of the school term. This is the day that classes actually begin. Enrollment will be considered to continue through normal periods of class attendance and also through periods of vacation and recess. Enrollment ends when the individual graduates, is expelled, withdraws from school, or states that he does not intend to register for the next normal school term, excluding summer school.

When it is necessary to determine half-time enrollment (see [FSC 1622.2]), half-time enrollment will be defined by the educational institution where the student is enrolled.

FSC Manual 12/01/00

1622.2 Applying the Student Criteria

Household members enrolled at least one half time in an institution of higher education  and who are at least age 18 but no older than the age 50 and who are physically and mentally fit must meet at least one of the criteria listed in this section.  If not, these members will be considered ineligible students.

The student must be employed at least 20 hours per week at any rate of pay and be paid for such employment. If self-employed, the student must actually work for a minimum of 20 hours per week and must receive weekly earnings at least equal to the Federal minimum wage multiplied by 20 hours.

Example: John Q. Student is enrolled in U.A.L.R. He works at a grocery store three hours a day Monday through Friday and five hours on Saturday. He is an eligible student.

The student must be approved to participate in a state or federally financed work-study program.

Example: Jane Q. Student is enrolled at U.A.L.R. She is employed in the school library for 10 hours each week under a state funded work-study program. She is an eligible student.

The student must be approved for the work study program at the time of application even though he or she may not actually be working at that time. A student who is approved for work study at the time of application and anticipates starting a job later in the school year is an eligible student. 

Eligible student status will begin the month in which the school term begins or the month work study is approved, whichever is later. Once begun, the student's status as an eligible student continues until the end of the month in which the school term ends or it becomes known the student has refused an assignment. A student who has stopped working during the school year because the work study funding has run out would continue to be classified as an eligible student.

Eligible student status will also be granted to full time students participating in the work incentive program under Title IV of the Social Security Act or its Successors.

The student must be responsible for the care of a dependent household member under the age of six. If there are two parents enrolled in school, the individual who provides the majority of the actual care of the child will be considered the eligible student.

Example: Mr. and Mrs. Joe Clay, who are both enrolled at U.A.L.R., have a three-year old child. Neither of the Clays works. They have arranged their class schedule so that one or the other will always be at home with the child. However, during the course of the interview, Mr. and Mrs. Clay agree that Mrs. Clay provides the majority of the actual care for the dependent child. Therefore, Mrs. Clay is an eligible student, but Mr. Clay is not.

NOTE: If neither parent provides the majority of the actual care of the child, the eligible student will be the parent who provides the majority of financial support to the child. If neither majority of actual care nor majority of financial support can be determined, the household may choose the parent to be classified as an eligible student.

Eligible student status will be granted to any student who is responsible for the care of a child above the age of 5 but under age 12 when adequate child care is not available to enable the student to attend class and also to work at least 20 hours per week or to participate in a state or federal work study program. A household's statements about the availability of child care will be accepted.

Eligible student status will be granted to any full time student enrolled in an institution of higher education if that student is single with the responsibility for the care of a dependent child under age 12 regardless of the availability of adequate child care. For the purpose of this provision, a single parent will be an unmarried or divorced parent of a child under age 12.  This provision applies where only one natural, adoptive or stepparent, regardless of marital status, is in the same food stamp household as the child. For example, if one natural parent and a stepparent are living with the child, neither the natural parent nor the stepparent could qualify for the student exemption. A full-time student who is not living with a spouse may claim the single parent exemption if he or she has parental control of a child and no parent (natural, adoptive or step) lives with that child.

Example 1: Ms. Smith is enrolled at a local junior college as a freshman. She has two grandchildren ages 8 and 10 in her home. She is the payee for TEA cash assistance for her two children, but is not included in the grant.  She is not an eligible student.

Example 2: Ms. Jones is enrolled at the same college. She is also a freshman and receives TEA cash assistance for her two children ages 9 and 10.  She is, however, included in the grant and is, therefore, an eligible student.

Example 3: Ms. Green is enrolled at U.A.P.B. She has two children ages 13 and 14. She has applied for TEA. She is not currently an eligible student; however, she will be an eligible student if her TEA application is approved and she receives TEA benefits.

Criteria 6 – Workforce Investment Act (WIA). The Jobs Partnership Training Act (JTPA) was replaced by the WIA.

Eligible student status will be granted to students assigned to or placed in an institution of higher education through or in compliance with the following:

1. A program under the Workforce Investment Act (WIA)

2. An Employment and Training (E&T) Program under the Food Stamp Act,

3. A program under the Section 236 of the Trade Act of 1974, (the Trade Adjustment Assistance Program administered by ESD)

4. A program operated by a state of local government for the purpose of employment and training as determined to be appropriate by FNC.

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 

Each of the criteria is applied separately. Had Ms. Smith in example 1, criteria 5, been working 20 hours per week she would have been an eligible student even though she was not included in the TEA cash assistance.

An individual's status as an eligible or an ineligible student changes as his or her situation changes. For example, if an individual who was determined to be an ineligible student begins working at least 20 hours per week, then that individual becomes an eligible student and may participate in the Food Stamp Program.  Conversely, that same individual will be considered an ineligible student and removed from the Food Stamp Program if he or she loses that job and does not meet another eligible student criteria.

FSC Manual 01/01/03

8-1-94

1622.3 Educational Income

Educational income is financial assistance received by students from sources such as, but not limited to, the following sources.

• Programs authorized under title IV of the Higher Education Act.

• Programs authorized under the bureau of Indian Affairs (BIA) Student Assistance Programs.

• Programs authorized under the Carl D. Perkins Vocational Education Act.

• Workforce Investment Act (WIA)

• Scholarships or other grants funded through private and publicly funded education programs.

• VA educational assistance paid through the Montgomery GI Bill.

Educational income awarded to a person enrolled at a recognized institution of post-secondary education, a school for the handicapped, a vocational education program, or a GED program is excluded as income in the Food Stamp Program.  

FSC Manual 12/01/00

6/01/96

1622.9 Ineligible Students

When an individual is determined to be an ineligible student, that individual may not participate in the Food Stamp Program. Other members of the student's household may participate if they are otherwise eligible.

If the ineligible student is the only household member, the food stamp application will be denied.

If other household members are eligible, the student will be included when calculating total household members but will not be included when calculating total eligible members.

An ineligible student's income will be handled as explained below.

1. Determine which income the ineligible student received for himself or herself. Exclude this income.

2. Determine if there are any cash payments from the ineligible student's excluded income to the eligible household members. Include these cash payments as income. Do not include cash payments made by the ineligible student to someone outside the home for a household expense. Consider income deposited by an ineligible student into a checking or savings account as income in the month of the deposit when an eligible household member has access to this income.

3. Determine if there is any income received by the ineligible student as the payee for an eligible household member - e.g., child support, TEA, social security. Include this income in the budget.

4. Determine deductible expenses. (See [FSC 6400] for dependent care costs, [FSC 6500] for medical costs, [FSC 6550] for child support costs and [FSC 6600] for shelter costs.)  Do not allow any medical, child support payments, shelter or child care expenses paid in full by the ineligible student from excluded income. Allow any deductible medical, child support payments, shelter or child care expense paid (in full or in part) by the ineligible student from income which is not excluded - e.g., the expense is paid from income received by or on behalf of eligible members. Allow any deductible shelter, child support payments, or child care expense paid in full by eligible household members with cash payments from the ineligible student. When the ineligible student and eligible household members share deductible expenses, allow only the amount contributed towards the expense or actually paid by the eligible members. 

If such payments or contributions cannot be differentiated, prorate the deductible expense evenly among the individuals actually paying or contributing towards the expense. Allow any of the pro rata shares of expense incurred by the eligible household members as shelter expense.

The ineligible student's resources (except for jointly owned resources) will not be considered available to the eligible household members. Resources owned jointly by ineligible students and eligible household members are considered available to the household in their entirety. See [FSC 4910].

FSC Manual 10/01/08

11/01/98

1622.10 Fleeing Felons

A fleeing felon is an individual who is avoiding prosecution or custody for a crime, or an attempt to commit a crime that is classified as a felony.  This provision also applies to individuals who are violating a condition of probation or parole under a Federal or State law.  Fleeing felon status is usually determined by the existence of a warrant, and the individual is assumed to be fleeing as of the date the warrant is issued.

If law enforcement is not actively seeking to apprehend the individual in Arkansas , an individual assumed to be fleeing due to the existence of a warrant is eligible to participate in the Food Stamp Program.  Identification as a fleeing felon based on SOLQ or from a source other than the law enforcement agency the individual is fleeing from is not considered verified upon receipt. The county office must contact the appropriate law enforcement agency for verification of fleeing felon status. If contact cannot be made with law enforcement officials, the individual will retain eligibility to participate in the Food Stamp Program. The county office worker must document each attempt to contact law enforcement officials.

Fleeing felons and probation/parole violators are ineligible to participate in the Food Stamp Program during any period while the individual is fleeing to avoid prosecution or custody.  The presence of a fleeing felon or probation/parole violator will not make the entire household ineligible.  Anyone identified as a fleeing felon or a probation/parole violator will be treated as an ineligible household member and his or her income and resources will continue to be shown in the food stamp budget.  See FSC 1623.2 for instructions.

1622.20 Disqualification for Certain Drug Manufacture or Distribution Felonies

Each food stamp applicant must state in writing on the food stamp application form whether any household member has been found guilty or has plead guilty or nolo contendere (no contest) to any State or Federal offense classified as a felony by the law of the jurisdiction involved, and which has as an element of the offense, the distribution or manufacture of a controlled substance.  

No individual who has been found guilty or plead guilty or no contest to any felony offense which has as an element of the offense, the distribution or manufacture of a controlled substance, as defined in section 102(6) of the Controlled Substances Act, will be eligible to receive food stamp benefits.  This is a permanent disqualification unless the individual's record is expunged of the charges.  If the individual's record is expunged of these charges, the individual may once again receive food stamp benefits if he or she is otherwise eligible to participate in the Program.

• This provision will not apply to findings of guilt or pleas of guilty or no contest for offenses occurring on or before July 1, 1997. 

• This provision will not be applied to individuals who have been charged with, but not convicted of the manufacture or distribution of controlled substances.

• This provision will not be applied to individuals who have been convicted of drug-related charges other than the manufacture or distribution of a controlled substance. 

Since this is a permanent disqualification, workers must make every effort to verify the circumstances surrounding the individual’s conviction.  If the applicant or any other household member has declared that he or she has been found guilty or has plead guilty to any drug-related felony, the worker will ask the household to furnish court documents that establish the offense date, the status of the charge (felony or misdemeanor) and the disposition of the charge.  Acceptable documents include, but are not limited to:  a judgment and commitment order or a judgment and disposition order.  If the household states that this information cannot be provided, the DHS county office worker will contact the court with jurisdiction over the charges and verify the required information:  the date of the offense, the exact charges, the status of the charge (misdemeanor or felony) and the disposition of the charges. 

The following guide has been provided  to assist the county with determining if a drug conviction for an offense occurring after July 1, 1997 will result in a disqualification from the Food Stamp Program or TEA cash assistance Program.  The information in this guide has been provided by the DHS Office of the Chief Counsel. 

 If the DHS county office can determine based on the documentation that a household member has been convicted of or plead guilty to any State or Federal offense classified as a felony by the law of the jurisdiction involved which has as an element of the offense, the distribution or manufacture of a controlled substance, a disqualification may be imposed.  Other charges must be submitted to Office of Program Planning and Development, Food Stamp Section, before an individual is disqualified.  If necessary, the Food Stamp Section will submit the documents to the Office of Chief Counsel to determine if the member should be disqualified. 

If the worker cannot determine the status of an individual’s drug-related charges and that individual refuses to provide the required documentation and/or refuses to provide information about the proper court of jurisdiction, that member will be disqualified.  However, if that individual later provides documentation establishing that he or she has not committed a drug-related felony as described in this policy, that individual may be added back to the Food Stamp Case if otherwise eligible. 

If an individual is cooperating with the DHS county office and has provided all available paperwork and/or the name of the court with jurisdiction, but the county office cannot establish whether or not he or she should be disqualified, the individual will not be disqualified.  If the DHS county office is later able to establish that the individual should be disqualified, the disqualification will be imposed at that point but will not be retroactive.  

The disqualified individual's income and resources must be included in the household's food stamp budget.  See FSC 1623.2 for instructions.