Section 144-301-400-FS 444-7 - Students1.GENERAL RULE FOR POST-SECONDARY STUDENTS ONLYStudents enrolled at least half-time in post-secondary schools, colleges, universities, etc., are treated differently from other applicants and recipients.
A. In order to be eligible, such students must meet at least one of the following conditions. The requirement that one of these conditions be met in order to be eligible continues throughout the student's enrollment, including vacations. (E.g. in order to continue to be eligible for SNAP benefits, a student who is eligible because of the work study condition must meet one of the other conditions if the work study condition is not being met during summer vacation.)(1) be 17 years old or under or 50 years old or older;(2) be physically or mentally unable to work twenty hours per week while attending school at least half-time. In the absence of physical evidence, disability must be verified by-(a) verification of receipt of temporary or permanent disability benefits issued by a governmental or private source or(b) a statement from an acceptable medical or mental health source such as: (i) a licensed physician;(ii) a physician's assistant;(iii) a nurse practitioner;(iv) a licensed osteopath;(v) a licensed or certified psychologist;(vi) a person authorized to provide copies of the summaries of medical records of medical institutions; or(vii) as the disabling condition relates specifically to their field- a) a licensed podiatrist,b) a qualified speech-language pathologist, orc) a licensed optometrist;(3) be responsible for care of a household member under six years old, or when adequate child care is not available for children between six and twelve years of age to enable the student to attend class and satisfy the 20 hour work requirement or participate in a work study program (if an individual is a full time student and a sole parent with the responsibility for a dependent child under age 12 regardless of the availability of adequate child care, eligible student status is met). NOTE: Exemption is still allowed when child care is purchased for a child under six years old;
(4) be receiving TANF/PaS;(5) Starting January 16, 2021 and continuing through the end of any certification period that began during the COVID-19 Public Health Emergency (PHE) or within 30 days of the termination of the COVID-19 PHE, a student that has an expected family contribution of $0 as determined in accordance with 20 U.S.C. ch. 28, Subchapter IV, Part F (Helpful resources may be found by search for the relevant fiscal year EFC Formula Guide published at https://fsapartners.ed.gov/knowledge-center);(6) be engaged in paid employment of 86 hours or more per month. If self-employed, be employed for 86 hours or more per month and receive monthly earnings averaging at least equal to the Federal minimum wage multiplied by 86 hours;(7) be participating in a state or federally financed work study program;(8) Starting January 16, 2021, a student need only be approved for federally financed work study. Participation is not required. This expanded eligibility is in effect for the duration of any certification period that began during the COVID-19 Public Health Emergency (PHE) or within 30 days of the termination of the COVID-19 PHE. This expanded eligibility, unlike the usual work study condition, will continue through scheduled school vacations;(9) be participating in an on-the-job training program; NOTE: A person is considered to be participating in an on-the-job training program only during the period of time the person is being trained by the employer (i.e., to meet this student eligibility condition, the person must continue to work; only attending classes does not meet the condition).
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(10) be assigned to or be placed in post-secondary institution through one of the following programs: (a)Workforce Innovation and Opportunity Act (WIOA),(b) Supplemental Nutrition Assistance Employment and Training (SNAP E&T),(c) the Trade Adjustment Assistance Program of the Department of Labor (for workers dislocated due to imports), or(d) an employment and training program for low income households operated by a state or local government where one or more of the components of such program is at least equivalent to a SNAP E&T program component (e.g., 8 weeks per year job search; job search training and support activities; workfare; work experience; education program that directly enhances employability). Examples: Maine Department of Labor Competitive Skills Scholarship Program (CSSP) and Higher Opportunity for Pathways to Employment (HOPE). NOTE: Self-initiated post-secondary institution placement during the time the person is enrolled in one of these employment and training programs is acceptable if the person's employment and training program has a component for enrollment in an institution of higher education and that program accepts the placement.
B. Once a student enrolls in post-secondary education, they shall be considered enrolled through normal periods of attendance, vacations, and recesses until they graduate, are dismissed, drop out, or do not plan to enroll for the next normal term (summer sessions are not considered normal terms).C. The income and assets of an ineligible student living with a household shall not be considered in determining the benefits of the remaining household members. See 444-4.2.TREATMENT OF STUDENT INCOMEA. The individual must provide verification of student aid received. The Department shall not assume the individual is accepting all aid awarded.B. Most federal financial aid is completely excluded as income, without regard for how the aid is spent. Calculation of allotments for students, begins by identifying the types of federal financial assistance the student will receive, and excluding all pertinent assistance as income.C. Exclusion of Certain Federal Aid Monies (1) Student financial assistance received under Title IV or under Bureau of Indian Affairs (BIA) student assistance programs, is not considered as income. Nor are loans provided under Title XIII Indian Higher Education Programs, Part E, Tribal Development Student Assistance Revolving Loan Program. Examples include the following programs:
(a) Under Title IV: (i) Basic Educational Opportunity Grants (BEOG or PELL Grants),(ii) Presidential Access Scholarships (Super PELL Grants),(iii) Federal Supplemental Educational Opportunity Grants (SEOG),(iv) State Student Incentives Grants (SSIG; Maine State Incentive Grant),(v) Federal Direct Student Loan Programs (FDSLP) (Formerly GSL and FFELP),(vi) Federal Direct Supplemental Loan Program (provides loans to students),(vii) Federal Direct PLUS Program (provides loans to parents),(viii) Federal Direct Stafford Loan Program,(ix) Federal Direct Unsubsidized Stafford Loan Program,(x) Federal Consolidated Loan Program,(xi) Federal Perkins Loan Program - Direct Loans to students in institutions of higher education,(xii) Federal Work Study Funds,(xiii) TRIO Grants (Go to organizations or institutions for students from disadvantaged backgrounds),(xiv) Upward Bound (Some stipends go to students),(xv) Student Support Services,(xvi) Robert E. McNair Post-Baccalaureate Achievement,(xvii) Robert C. Byrd Honors Scholarship Program,(xviii) College Assistance Migrant Program (CAMP) for students whose families are engaged in migrant and seasonal farm work,(xix) High School Equivalency Program (HEP), and(xx) National Early Intervention Scholarship and Partnership Program.(b) Under BIA (i) The Higher Education Grant Program, sometimes called the Scholarship Grant Program,(ii) Adult Education Program that provides money to adults to get a GED, attend technical schools, and for job training,(iii) employment assistance program, and(iv) education and training made available under separate programs like the Indian Child and Family Programs. NOTE: Each tribe has a BIA agency that may be contacted for more information about education and training assistance. BIA student assistance is provided by the tribes, is not denoted by any particular name, and is not usually listed on institutions' financial aid statements.
(2) All grants, loans and scholarships to students made under any program administered by the U.S. Secretary of Education including, but not limited to, PELL, SEOG, Perkins, and work study are excluded. This is regardless of any portion used on actual educational costs.(3) If a single loan, grant, or work study is funded in whole or in part (e.g. part of a student loan funded under Title IV and part under a State program) under Title IV or BIA, the total amount of that loan or grant is excluded.D. The dependent portion of VA educational assistance is counted as income.E. Treatment of Other Financial Aid(1) Reimbursements for past or future expenses other than normal household expenses such as rent, mortgage, personal clothing, or food eaten at home are excluded if they are specifically earmarked for educational expenses. Example: If an individual purchased a computer and was reimbursed for that purchase as an educational expense through the HOPE program, the reimbursement would not be counted as income. However, if the reimbursement comes from another agency and receipt is not linked to the computer being used for education, it would be countable income.
(2) Assistance which is earmarked for expenses, other than room and board, is excluded. That portion of an otherwise deductible expense covered by educational income which has been excluded is not deductible. (See Section 555-5 pg. 8.) Example: If the HOPE program provided ongoing assistance for child care to allow an individual to complete their training or education program, the assistance would not be counted as income, nor would the portion of the child care covered by HOPE be counted as an income deduction.
(3) Other scholarships; including but not limited to, educational grants, fellowships, work study, deferred payment loans for education, and veteran's educational benefits; are considered income unless:(a) they are awarded to a person enrolled at a recognized institution of post-secondary education, at a school for individuals with disabilities, in a vocational education program, or in a program that provides for completion of a secondary school diploma or obtaining the equivalent thereof; and(b) they do not exceed the amount used for or made available as an allowance determined by such school, institution, program, or other grantor, for-(ii) mandatory fees (including the rental or purchase of any equipment, materials, and supplies related to the pursuit of the course of study involved),(vi) origination fees and insurance premiums related to loans, and(vii) other miscellaneous personal, and dependent care of the student incidental to attending such school, institution, or program. Expenses specified as "room and board" are not allowable offsets to student income.
Financial assistance actually expended by the student for an allowable expense, or made available for attendance costs is excluded as income and resources. The institution or grantor may indicate that the assistance is meant to be used for allowable costs of attendance. Budget sheets and the like developed by the institutions or grantors shall be used as the verification of the amount of assistance and the attendance costs for which it is intended. If the institution does not indicate attendance costs or if the amounts indicated by the institution are less than the student claims to be using, students may provide verification of actual expenses for the exclusion of these amounts. If the student claims to be incurring higher transportation costs than the amount of transportation costs indicated by the institution, actual verified costs or the standard mileage allowance may be used. The MSEA rate found at https://www.maine.gov/osc/travel/mileage-other-info is the amount to be used if the standard mileage allowance is claimed.
(c) A loan in which repayment must begin within 60 days after receipt of the loan is not considered a deferred payment loan.(4) Treatment of Work-Study Income (a) Most work-study income is fully excludable under the Higher Education Act of 1965 (20 U.S.C. § 1087uu) .(b) Treatment of work-study grants not funded by the excluded sources mentioned earlier in this section. (i) Only that income actually realized by the student shall be considered. It may be less than the amount offered by the institution's financial aid unit.(ii) The realized income shall be reduced by the disregards detailed in 2 above.(iii) The remaining amount if any, shall be reduced by the earned income deduction. (See Section 555-5.) NOTE: The procedures outlined above regarding work study income also apply to other educational assistance which have a work requirement.
F. Income and expense averaging (1) Student aid income and associated expenses are averaged over the period the educational institution indicates they are to be applied. The total figure is divided by the total number of calendar months indicated. No adjustment is made for partial months of enrollment.(2) If the educational institution does not specify the months associated with a given income or expense they shall be attributed as follows: (a) Amounts not attributed to a particular semester or term shall be applied to and averaged over the 9 month period from September through May.(b) Amounts attributed to the fall semester shall be applied to and averaged over the 4 month period from September through December.(c) Amounts attributed to the spring semester shall be applied to and averaged over the 5 month period from January through May.(d) Amounts attributed to the summer term shall be applied to and averaged over the 3 month period from June through August.(3) If receipt of student income cannot be reasonably anticipated in the first month indicated in (1) or (2) above, the period of application and averaging is adjusted to begin the first month receipt can reasonably be anticipated. This adjustment shortens the period and reduces the number of months over which the income is averaged. The end month is not adjusted.10-144 C.M.R. ch. 301, § 400-FS 444-7