340:50-5-45

Student eligibility needs to be reviewed for every household member during SNAP application interviews and at the Mid-Certification Renewal. If a person is considered a student of higher learning, which means they are enrolled at least half-time in an institution of higher education; they have to meet an exemption in order to be eligible for SNAP benefits. Student policy comes before ABAWD policy for all SNAP household members.

Individuals that take online classes are considered the same as individuals who attend class onsite. If the individual is considered at least half time and the institution is an institution of higher learning; student policy still applies.

The student exemptions are:

1. Under the age of 18 or age 50 and older
2. Physically or mentally unfit
3. Participating in an on-the-job training (OJT) program
4. Employed an average of 20 hours per week or 80 hours per month and paid for that employment
5. Self-employed an average of 20 hours per week or 80 hours per month in which their earnings equal federal minimum wage (**this is their net earnings, after all SNAP business related deductions can be given)
6. Participate in a state or federally work study program during regular school year
7. Responsible for the care of a dependent household member under the age of 6
8. Single parent enrolled full-time in an institution of higher education and responsible for the care of a dependent child under 12
9. Responsible for the care of a dependent household member age 6 to 11 years of age and worker determines that adequate child care is not available for the student to meet work requirement
10. Receives TANF
11. Placed in training or employment through Workforce Innovation and Opportunities Act
12. Participation in Job Opportunities and Basic Skills program