Okla. Admin. Code § 340:50-5-45

Current through Vol. 42, No. 4, November 1, 2024

Section 340:50-5-45 - Students

(a)Supplemental Nutrition Assistance Program (SNAP) eligibility. A student enrolled in an institution of higher education at least half-time per (b) of this Section may not receive Supplemental Nutrition Assistance Program (SNAP) benefits unless the student meets an exemption per (c). Students who are not enrolled at least half-time in an institution of higher education per (b) of this Section may participate in SNAP when they meet all other eligibility criteria.

(b)Student classification. Section 273.5 of Title 7 of the Code of Federal Regulations (7 C.F.R. § 273.5) requires students to meet an exemption when they are enrolled at least half-time in an institution of higher education.

(1) An institution of higher education includes a:

(A) business, technical, trade, or vocational school that normally requires a high school diploma or equivalency certificate to enroll in the curriculum. Schools or courses that do not require a high school diploma or equivalency certificate are not considered an institution of higher education; or

(B) college or university that offers degree programs even when a high school diploma or equivalency certificate is not required to enroll. A college includes a junior, community, two-year, or four-year college, or university.

(i) Students enrolled at least half time in the regular curriculum are enrolled in higher education.

(ii) Students enrolled in a special program at a college or university, such as English as a second language course or other courses that are not part of a regular degree program are not enrolled in higher education.

(2) Student status begins on the first day of the school term for students who have:

(A) not attended an institution of higher education previously; or

(B) had a break of more than a semester since they last attended.

(3) Persons are students during normal periods of class attendance, vacation, and other breaks unless the student:

(A) graduates;

(B) is expelled or suspended;

(C) drops out; or

(D) does not intend to register for the next normal school term, excluding summer school.

(c)Student exemptions. The students described in this subsection may participate in SNAP when they meet all other eligibility criteria. The student is either :

(1) younger than 18 years of age or 50 years of age and older;

(2) physically or mentally unfit.

(A) When the student claims mental or physical unfitness and the unfitness is not evident to the worker, verification may be required.

(B) Appropriate verification may consist of:

(i) receipt of temporary or permanent disability benefits issued by governmental or private sources;

(ii) participation in a state vocational rehabilitation program; or

(iii) a statement from a physician or licensed or certified psychologist; or

(3) participating in an on-the-job training (OJT) program. Students are participating in OJT programs only during the period of time the students are being trained by the employer;

(4) employed for an average of 20 hours per week or 80 hours per month and paid for that employment. Earning wages equal to the federal minimum wage times 20 does not qualify the person for this exemption;

(5) self-employed for an average of 20 hours per week or 80 hours per month and receives weekly earnings at least equal to the federal minimum wage times 20;

(6) participating in a state or federally financed work study program during the regular school year.

(A) To qualify under this provision, the student must be approved for work study at the time of application for food benefits.

(i) The work study must be approved for the school term, and the student must anticipate actually working during the school term.

(ii) The exemption begins with the month the school term begins or the month work study is approved, whichever is later.

(iii) Once begun, the exemption continues until the end of the month the school term ends or it becomes known the student refused an assignment.

(B) The exemption does not continue between terms when there is a break of a full month or longer unless the student participates in a work study program during the break; or

(7) responsible for the care of a dependent household member under six years of age. Only one person may be responsible for a dependent child. The caretaker need not be the person providing for the child's support;

(8) responsible for the care of a dependent household member, six through 11 years of age, and the worker determines that adequate child care is not available to enable the student to attend class and work an average of 20 hours per week or participate in a state or federally financed work study program.

(A) The reasons for lack of adequate child care include, but are not limited to, the lack of an available licensed and contracted child care facility within a reasonable distance from the student's home or school or the availability of funds to pay child care expenses. Determination of availability of adequate child care is made on a case-by-case basis.

(B) Only one person may be responsible for the care of a dependent child. The caretaker need not be the person providing for the child's support; or

(9) a single parent enrolled in an institution of higher education on a full-time basis, as determined by the institution, and responsible for the care of a dependent child younger than 12 years of age, regardless of the availability of child care.

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

(B) When no natural, adoptive, or stepparent is in the same food benefit household as the child, another full-time student in the same food benefit household as the child may qualify for this exemption when the student has parental control over the child and does not live with the student's spouse;

(10) a Temporary Assistance for Needy Families (TANF) recipient;

(11) assigned to or placed in an institution of higher education through or in compliance with the requirements of one of the employment and training programs identified in (A) through (D) of this paragraph. Employment and training programs include:

(A) the Workforce Innovation and Opportunity Act Program;

(B) a food benefit employment and training program, such as OK SNAP Works, per 7 C.F.R. § 273.7, subject to the condition that the course or program of study, as determined by Adult and Family Services (AFS) SNAP staff, is:

(i) part of a career and technical education program, per Section 3 of the Carl D. Perkins Career and Technical Education Act of 2006; and Section 2302 of Title 20 of the United States Code (20 U.S.C. § 2302), designed to be completed in not more than four years at an institution of higher education, per Section 102 of the 1998 Amendments to the Higher Education Act of 1965, 20 U.S.C. § 1002; or

(ii) limited to remedial courses, basic adult education, literacy, or English as a second language;

(C) a program under Section 236 of the Trade Act of 1974 currently known as The Trade Adjustment Assistance Program and administered by the Oklahoma Employment Security Commission; or

(D) a state or local government-operated employment or training program for low-income households where one or more components of the program is at least equivalent to an acceptable SNAP employment and training program as specified, per 7 C.F.R. § 273.7(e)(1) and as determined by AFS SNAP staff; or

(12) enrolled as a result of participation in the Job Opportunities and Basic Skills program under Title IV of the Social Security Act or its successor program.

(d)Income and deductible expenses of an ineligible student. When the student is not eligible to receive food benefits per this Section, the student is a non-household member, and OKDHS does not count the student's income and prorates the household's expenses, per Oklahoma Administrative Code (OAC) 340:50-5-5.

Okla. Admin. Code § 340:50-5-45

Amended at 9 Ok Reg 3405, eff 5-13-92 (preemptive); Amended at 9 Ok Reg 3843, eff 8-24-92 (emergency); Amended at 10 Ok Reg 1821, eff 5-13-93; Amended at 10 Ok Reg 4851, eff 9-8-93 (preemptive); Amended at 11 Ok Reg 713, eff 11-10-93 (preemptive); Amended at 13 Ok Reg 1799, eff 6-1-96 (emergency); Amended at 14 Ok Reg 1351, eff 5-12-97; Amended at 17 Ok Reg 473, eff 10-12-99 (preemptive); Amended at 20 Ok Reg 872, eff 6-1-03; Amended at 22 Ok Reg 805, eff 5-12-05; Amended at 23 Ok Reg 1010, eff 6-1-06; Amended at 27 Ok Reg 1241, eff 6-1-10; Amended at 29 Ok Reg 794, eff 7-1-12

Amended by Oklahoma Register, Volume 37, Issue 24, September 1, 2020, eff. 9/15/2020

Amended by Oklahoma Register, Volume 40, Issue 22, August 1, 2023, eff. 9/15/2023