Or. Admin. Code § 461-135-0570

Current through Register Vol. 63, No. 12, December 1, 2024

Section 461-135-0570 - Eligible and Ineligible Students; SNAP

(1) For the purposes of this rule and OAR 461-001-0015, "higher education" refers to the following:

(a) Public and private universities and colleges and community colleges that offer degree programs regardless of whether a high school diploma is required for the program. However, GED, ABE, ESL and high school equivalency programs at those institutions are not considered higher education.

(b) Vocational, technical, business, and trade schools that normally require a high school diploma or equivalency certificate for enrollment in the curriculum or in a particular program at the institution. However, programs at those institutions that do not require the diploma or certificate are not considered higher education.

(2) Except to the extent provided otherwise in section (4) of this rule, an individual is considered a "student of higher education" if all of the following subsections apply:

(a) The individual is attending higher education (see section (1) of this rule) at least half time or more as determined by the school.

(b) The individual is 18 years of age or older, but under 50 years of age.

(3) To be eligible for SNAP benefits, a student of higher education (see section (2) of this rule) must meet the requirements of one of the following subsections:

(a) The student of higher education is:

(A) A paid employee (see OAR 461-001-0015) working an average of 20 hours or more per week; or

(B) Self-employed for a minimum of 20 hours per week and receives weekly earnings at least equal to the federal minimum wage multiplied by 20 hours.

(b) The student of higher education is participating in a state or federally funded work study program during the regular school year. To qualify under this subsection:

(A) The student of higher education must be approved for state or federally funded work study at the time of application for SNAP.

(B) The work study must be approved for the school term.

(C) The student of higher education must anticipate working in a work study job during the school term.

(D) The period of eligibility for a student of higher education eligible under this subsection:

(i) Begins with the month in which the school term begins or with the month that work study is approved, whichever is later.

(ii) Continues until the end of the month in which the school term ends, or it becomes known that the student of higher education has refused an assignment.

(iii) Continues through breaks of less than a month. For breaks of a month or longer, eligibility continues only if the student of higher education participates in a work study job during the break.

(c) The student of higher education is responsible for the care of a child in the filing group (see OAR 461-110-0370), and one of the following conditions is met:

(A) The child is--

(i) Under six years of age; or

(ii) Six years of age or older, but under the age of 12 years, and adequate child care is not available to enable the student to both attend class and meet the requirements of section (3)(a) or (3)(b) of this rule.

(B) The student of higher education is enrolled full time in higher education and is a single parent (meaning there is only one parent in the filing group) or a single adult who has parental control, with the responsibility of caring for a child under 12 years of age.

(d) The student of higher education is in a TANF benefit group (see OAR 461-110-0750).

(e) The student of higher education is physically or mentally unfit for employment.

(f) The student of higher education is receiving Unemployment Compensation (UC).

(g) The student of higher education is enrolled in higher education to receive training and skills for employment as defined below:

(A) Job training classes under the Workforce Innovation & Opportunity Act of 2014 (Pub. L. 113-128).

(B) Participation in the higher education component of the JOBS program.

(C) Employer-sponsored on-the-job training.

(D) Enrolled in an employment and training program or course of study that leads to employment. To qualify under this paragraph, the employment and training program or course of study must be of undergraduate or lower level and designed to be completed in not more than four years.

(E) Participating in at least one of the following training programs:

(i) The Trade Readjustment Allowance (TRA) program serving displaced workers under the Trade Act.

(ii) The Training Unemployment Insurance (TUI) program.

(iii) The Self-Employment Assistance (SEA) program.

(iv) The Apprenticeship Program (APT).

(4) An individual's status as a student of higher education continues during school vacation and breaks. An individual is no longer considered a student of higher education when the individual:

(a) Graduates.

(b) Drops out.

(c) Withdraws from classes.

(d) Reduces credit hours to less than half time.

(e) Is suspended or expelled.

(f) Does not intend to register for the next school term (excluding summer term).

(5) A student of higher education residing in a dormitory or other living situation with a meal plan that is intended to provide more than 50 percent of the student's three daily, or 21 weekly, meals is ineligible for SNAP program benefits.

Or. Admin. Code § 461-135-0570

AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90; AFS 20-1990, f. 8-17-90, cert. ef. 9-1-90; AFS 30-1990, f. 12-31-90, cert. ef. 1-1-91; AFS 13-1991, f. & cert. ef. 7-1-91; AFS 8-1992, f. & cert. ef. 4-1-92; AFS 1-1993, f. & cert. ef. 2-1-93; AFS 10-1995, f. 3-30-95, cert. ef. 4-1-95 ; AFS 41-1995, f. 12-26-95, cert. ef. 1-1-96; AFS 15-1999, f. 11-30-99, cert. ef. 12-1-99; AFS 9-2001, f. & cert. ef. 6-1-01; AFS 3-2002(Temp), f. 2-26-02, cert. ef. 3-1-02 thru 6-30-02 ; AFS 10-2002, f. & cert. ef. 7-1-02; SSP 23-2003, f. & cert. ef. 10-1-03; SSP 4-2005, f. & cert. ef. 4-1-05; SSP 7-2005, f. & cert. ef. 7-1-05; SSP 6-2006, f. 3-31-06, cert. ef. 4-1-06; SSP 14-2006, f. 9-29-06, cert. ef. 10-1-06; SSP 17-2008, f. & cert. ef. 7-1-08; SSP 2-2010(Temp), f. & cert. ef. 2-5-10 thru 8-4-10; SSP 5-2010, f. & cert. ef. 4-1-10; SSP 6-2010(Temp), f. & cert. ef. 4-1-10 thru 8-4-10; SSP 18-2010, f. & cert. ef. 7-1-10; SSP 25-2011, f. 9-30-11, cert. ef. 10-1-11; SSP 10-2013(Temp), f. & cert. ef. 5-1-13 thru 10-28-13; SSP 24-2013, f. & cert. ef. 10-1-13; SSP 34-2017, amend filed 12/18/2017, effective 01/01/2018; SSP 23-2018, temporary amend filed 06/26/2018, effective 07/01/2018 through 12/27/2018; SSP 32-2018, amend filed 11/26/2018, effective 12/01/2018 ; SSP 19-2019, temporary amend filed 07/30/2019, effective 07/30/2019 through 09/30/2019; SSP 20-2019, amend filed 09/19/2019, effective 10/1/2019; SSP 39-2023, temporary amend filed 07/25/2023, effective 7/25/2023through 1/20/2024; SSP 53-2023, amend filed 12/21/2023, effective 1/1/2024

Statutory/Other Authority: ORS 409.050 & 411.816

Statutes/Other Implemented: ORS 409.010, 411.816, 411.825, 7 USC 2015, 7 CFR 273.5, ORS 411.806, ORS 411.811, 411.813, 411.827, 411.830, 411.837, 411.840, 411.845 & SB 609 2023 Regular Session