3.15.1 Student Eligibility

7 CFRCode of Federal Regulations 273.5

An institution of higher education requires a high school diploma or equivalency certificate for enrollment, or is a regular college or university degree program that does not require a high school degree as a condition of enrollment. It does not include any adult basic education program. Higher education institution examples are business, vocational, trade, technical schools, colleges, and universities.

Anyone, age 18-49, enrolled half-time or more in an institution of higher education is ineligible, unless he or she meets one of the following criteria:

Employed at least an average of 20 hours a week with earnings equal to at least the federal minimum wage.
1. Weekly earnings must be at least $7.25 x 20 hours = $145 per week. Use student monthly hours to calculate a weekly average. Students whose employment hours fluctuate from week to week may be determined eligible for FoodShare, provided they maintain an average of 20 hours per week at minimum wage or a total of 80 hours per month.
Self-employed at least an average of 20 hours a week with self-employment earnings (after self-employment expenses are subtracted) equivalent to at least the federal minimum wage.
1. Weekly earnings must be at least $7.25 x 20 hours = $145 per week. Use student monthly hours to calculate a weekly average. Students whose employment hours fluctuate from week to week may be determined eligible for FoodShare, provided they maintain an average of 20 hours per week at minimum wage or a total of 80 hours per month.
Employed and self-employed for a combined average of 20 hours a week with total earnings equivalent to at least the federal minimum wage.
1. Weekly earnings must be at least $7.25 x 20 hours = $145 per week. Earnings are based on self-employment income (after self-employment expenses are subtracted) plus gross income from other employment. Use student monthly hours to calculate a weekly average. Students whose employment hours fluctuate from week to week may be determined eligible for FoodShare, provided they maintain an average of 20 hours per week at minimum wage or a total of 80 hours per month.
Participating in a federal or state work study program.
1. Continue the exemption until the end of the month in which the school term ends or the student refuses to do his or her assigned work. 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 until the end of the school term.
2. The exemption does not cover school breaks longer than one month, unless the student is participating in work study during the break.
Responsible for the care of a dependent household member under age six. If two people exercising parental control are in the food unit, allow student status to only one person per childA person's biological, step, or adopted son or daughter, regardless of age. If a child is adopted, the adoption severs the biological tie to the parent..
Responsible for the care of a dependent household member who has reached age six but is under age 12 if the agency determines adequate child care is unavailable. If two people exercising parental control are in the food unit, allow student status to only one person per child.
Is a single parent enrolled in an institution of higher education on a full-time basis, as determined by the institution, and is exercising care and control of a dependent food unit member under the age of 12. To apply this provision there must be only one biological or adoptive parent or stepparentThe spouse of a person who is the biological parent of a child. A stepparent that is divorced from a biological parent is no longer considered a stepparent. in the same food unit as the child. If there is no biological or adoptive parent or stepparent living with the child, another full-time student living with the child may qualify as an eligible student under this provision if the student has parental control of the child and does not live with his or her spouseA person recognized by Wisconsin law as another person's legal husband or wife. Wisconsin does not recognize common law marriage..
Receiving a Tribal TANFTemporary Assistance for Needy Families cash payment, W-2Wisconsin Works cash payment, or working in a W-2 Trial Job. Assigned to or placed in an institution of higher learning by Workforce Innovation and Opportunity Act (WIOA) .
Enrolled in a W-2 employment position or other TANF-funded program under Title IV of the Social Security Act.
Physically or mentally unfit for gainful employment. Verify the claim if it's questionable, such as through receipt of temporary or permanent disability benefits, or a statement from a physician, or certified psychologist.
Participating in an on-the-job training program. This exemption applies only during the period of time the person is being trained by the employer.
Is assigned to or placed in an institution of higher education through or in compliance with the requirements of FSETFoodShare Employment and Training, a program under the Job Training Partnership Act of 1974, or a program under section 236 of the trade Act of 1974.
Is enrolled in an educational program that is designed to be completed in two years or less and obtaining certification or a diploma from the program will lead to employment that is in demand.

Example 1: During an interview for FoodShare, Jack, reports that he is a full-time student at Northern Technical College for phlebotomy and plans to graduate in the next year. Since phlebotomists are in occupational demand, Jack is confident he will be able to obtain a job in his field upon graduation. Based on common knowledge that there is a shortage of trained medical professionals, the IM worker agrees. Jack is single and does not meet any of the other exemptions. If all other FoodShare eligibility requirements are met, Jack would be an eligible student because he is enrolled in a two-year program that will lead to employment that is in demand.

Example 2: When Carla applies for FoodShare, she reports that she is enrolled half-time at Madison Area Technical College and is taking cooking with herbs, pottery and jewelry making. Carla indicates that she does not know if she will attend next semester because she is unsure about her career goals. No other student exemptions are met. Carla would not be an eligible student, because the direction of Carla’s potential career is unclear. Carla is encouraged to apply again if she disenrolls from school or pursues courses that will lead to an in-demand job.

Example 3: When Bill applies for FoodShare, he reports that he is enrolled in a four-year nursing program, but only has two years left in the program. Bill would not be an eligible student because the program was designed by the college to be completed in four years.

Note: A student who lives in campus housing and purchases a meal plan that provides more than half of their meals is not eligible for FoodShare, even if the student does not eat meals from the meal plan. If the meal plan is available, but the student does not purchase it, then they may be eligible for FoodShare.

Note: IRS tax dependency status does not impact FoodShare eligibility determinations. A student may be claimed as a tax dependent by his or her parents and still qualify for FoodShare if he or she meets all other non-financial and financial eligibility criteria.

A student is enrolled as of the first day of the school term through normal scheduled class periods, vacation, and recess unless he or she:

Graduates.
Is suspended, expelled, or drops out.
Doesn't intend to register for the next school term (excluding summer school).

FoodShare Employment and Training

Students enrolled in higher education at the time of FoodShare application and then found eligible for FoodShare may request to be referred to FSET to participate in activities other than education. Activities may include job search, work experience, or self-employment. FSET cannot provide reimbursement for expenses related to education for students who self-initiate enrollment in higher education.

Work Registration

A FoodShare-eligible student who meets the criteria in this section is exempt from the FoodShare work registration requirements.

ABAWDs

If an ABAWDAble Bodied Adult Without Dependent is determined to be a FoodShare-eligible student based on the criteria in this section, the ABAWD is an exempt ABAWD.

This page last updated in Release Number: 18-03
Release Date: 07/20/2018
Effective Date: 07/20/2018