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3.15.1 Student Eligibility

7 CFR Code of Federal Regulations 273.5

An institution of higher education requires a HS 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 and technical schools, colleges, and universities.  

 

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

  1. Employed at least 20 hours a week at any wage.

  2. Self employed at least 20 hours a week with self employment earnings (after SE expenses are subtracted) equivalent to at least the federal minimum wage for 20 hours a week ($6.55 x 20 = $131 a week).

  3. Both employed and self-employed at least 20 hours a week and earning at least the federal minimum wage for 20 hours a week ($6.55 x 20 = $131 a week).  Earnings are based on self employment income (after SE expenses are subtracted) plus gross income from other employment.

  4. Participating in a Title IV 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 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 of longer than one month, unless the student is participating in work study during the break.

  1. Responsible for the care of a dependent household member under age 6. If 2 people exercising parental control an adult providing parental control acts as a parent would toward the minor child. A minor child is considered under parental control if the child is financially or otherwise dependent on a member of the household. Foster care providers do not meet the parental control definition. are in the food   unit, allow student status to only 1 person per child.

  2. Responsible for the care of a dependent household member who has reached age 6 but is under age 12 if the agency determines adequate child care is unavailable. If 2 people exercising parental control are in the food unit, allow student status to only 1 person per child.

  3. 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 stepparent The spouse A person recognized by Wisconsin law as another person's legal husband or wife. Wisconsin does not recognize common law marriage. 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 spouse.

  4. Receiving a Tribal TANF Temporary Assistance for Needy Families cash payment, W-2 Wisconsin Works cash payment, or working in a W-2 Trial Job. Assigned to or placed in an institution of higher learning by WIA Workforce Investment Act (replaced JTPA - Job Training Partnership Act).

  5. Enrolled in a W-2 employment position.

  6. Physically or mentally unfit for gainful employment. Verify the claim, if it's not clear. Receipt of temporary or permanent disability benefits, a statement from a physician, or certified psychologist is appropriate verification.

  7. 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.

  8. Is assigned to or placed in an institution of higher education through or in compliance with the requirements of FSET FoodShare Employment and Training.

 

A student is enrolled as of the 1st day of the school term through normal scheduled class periods, vacation, and recess unless s/he:

  1. Graduates.

  2. Is suspended, expelled, or drops out.

  3. Doesn't intend to register for the next school term (excluding summer school).

 

 

 

This page last updated in Release Number: 08-05

Release Date: 12/15/08

Effective Date: 12/15/08