239.01 Student Eligibility (FSM)

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To be eligible for Food Stamp benefits, a student enrolled at least half-time (as defined by the institution) in an institution of higher education must meet any one of the following criteria:

• Age 17 or younger.

• Age 50 or older.

• Physically or mentally unfit for employment.

• Employed for pay *for a minimum of 80 hours over a four-week period. *Self-employed students are eligible if gross earnings are at least 80 times the federal minimum wage over a four-week period.

• Participating during the regular school year in a federal or state funded work-study program. There is no minimum hourly or wage requirement for student participation in a work-study program, however:

- the work-study program must be approved at the time of application for Food Stamp benefits;

- the work-study program must be approved for the school term; and

- the student must anticipate actually working during the school term.

Eligibility for Food Stamp benefits based upon participation in work-study begins with the month in which the school term starts or the month the work-study is approved, whichever is later. Eligibility continues until the end of the month in which the school term ends, or it becomes known that the student has refused an assignment. Eligibility does 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.

• Enrolled in school through a Workforce Investment Act (WIA) of 1998 program.

• Eligible for and receiving FANF financial assistance.

• Enrolled in school through the NHEP program.

• Responsible for the care of a dependent household member who is either:

- under 6 years old; or

- at least 6 years old but not yet 12 years old, and DHHS has determined that no adequate child care is available to enable the student to attend class and to comply with work requirements.

• A full-time student in higher education who is a single parent and responsible for the care of a dependent child who is a household member and is under age 12, regardless of availability of adequate child care.

- To be considered a single parent, the individual, regardless of marital status, cannot be living with a spouse or other natural, step or adoptive parent of the child.

- If no natural, adoptive or stepparent lives in the same Food Stamp household as the child, a full time student in the household may qualify as a single parent provided the individual has parental control over the child and is not living with his or her spouse.

• Participating in an on the job training (OJT) program.

- A person is considered participating in OJT only during the time period in which the person is actually being trained by the employer.

References: RSA 161:4-a,IV, 7 CFR 273.5(b), 7 USC 2015(e)