16 Del. Admin. Code § 9000-9010

Current through Register Vol. 28, No. 7, January 1, 2025

Section 9000-9010 - Students

[273.5]

Any Student who is enrolled at least half-time in an institution of higher education shall be ineligible to participate in the Food Stamp Program unless the individual qualified for one of the exemptions listed in DSSM 9010.1.

A student is considered to be enrolled in an institution of higher education if the student 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.

9010.1 Student Exemptions

To be eligible for food stamps, a student defined in DSSM 9010 must meet at least one of the following criteria.

1) Be age 17 or younger or age 50 or older;

2) Be physically or mentally unfit;

3) Receive TANF;

4) Be enrolled as a result of participation in Employment and Training;

5) Be employed for a minimum of 20 hours per week and be paid for such employment or, if self-employed, be employed for a minimum of 20 hours per week and receiving weekly earnings at least equal to the Federal minimum wage multiplied by 20 hours;

6) Be participating in a State or federally funded work study program during the regular school year, with the following conditions:

a) The student must be approved for work study at the time of application for food stamps, the work study must be approved for the school term, and the student must anticipate actually working during that time.

The exemption begins with the month in which the school term begins or the month the work study is approved, whichever is later.

The exemption continues until the end of the month in which the school term ends, or it becomes known that the student has refused an assignment.

b) The exemption shall 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.

7) Be participating on an on-the-job training program which is only during the period of time the person is being trained by the employer;

8) Be responsible for the care of a dependent household member under the age of 6;

9) Be responsible for the care of a dependent household member who has reached the age of 6 but is under age 12 when it is determined that adequate child care is not available to enable the student to attend class and comply with the work requirements listed in #5 and #6.

10) Be a single parent enrolled in an institution of higher education on a full-time basis (as determined by the institution) and be responsible for the care of a dependent child under age 12.

This applies only where only one natural, adoptive or stepparent (regardless of marital status) is in the same food stamp household as the child.

If no natural, adoptive or stepparent is in the food stamp household as the child, another full-time student in the same food stamp household may qualify for eligible student status if he or she has parent control over the child and is not living with his or her spouse.

11) Be 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 (WIA);

b) The Food Stamp Employment and Training program;

c) A program under Section 236 of the Trade Act of 1974;

d) A State or local government employment and training program for low-income households where one or more components of the program are equivalent to the food stamp employment and training program, determined by DSS.

Self-initiated placements during the period of time the person 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 person is enrolled provided that the program has a component for enrollment in an institution of higher education and that program accepts the placement.

Persons 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.

Ineligible students (i.e., those not meeting the requirements for student participation in this section) are non-household members per DSSM 9013.2 and cannot participate regardless of with whom they live.

The enrollment status of a student begins on the first day of the school term of the institution of higher education. The enrollment shall be considered to continue through normal periods of class attendance, vacation and recesses, 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.

The income and resources of an ineligible student shall be handled according to DSSM 9077.1.

16 Del. Admin. Code § 9000-9010