N.J. Admin. Code § 10:87-3.14

Current through Register Vol. 56, No. 21, November 4, 2024

Section 10:87-3.14 - Procedures for students in an institution of higher education

(a) A student in an institution of higher education is defined as any person who is between the ages of 18 and 50, who is physically and mentally fit, and is enrolled at least half-time in an institution of higher education. Half-time is defined by the institution of higher education and is usually based upon the number of credits or hours enrolled. Persons attending high school are not considered students in an institution of higher education.

(b) A person is considered enrolled in an institution of higher education if they are enrolled in a business, technical, trade, or vocational school that normally requires a high school diploma or equivalency certificate for enrollment, or if the person is enrolled in a regular curriculum at a college or university that offers degree programs regardless of whether a high school diploma is required.

(c) The enrollment status of a student shall begin on the first day of the school term of the institution of higher education. Such enrollment shall be deemed to continue through normal periods of class attendance, vacation, and recess, unless the student graduates, is suspended or expelled, drops out, or does not intend to register for the next normal school term (excluding summer school).

(d) In order to be eligible to participate in the NJ SNAP program, any student (as defined at (a) above) shall meet at least one of the following criteria:

1. Be employed for a minimum of 20 hours per week and be paid for such employment or, if self-employed, be employed for a minimum of 20 hours per week and receive weekly earnings at least equal to the Federal minimum wage multiplied by 20 hours. Student work hours shall be calculated by averaging work hours over the course of a month, including work hours accrued during academic breaks shorter than one month. Work hours accrued during academic breaks longer than one month are excluded;

2. Participate in a Federally financed work study program (funded in full or in part under Title IV-C of the Higher Education Act of 1965 as amended) during the regular school year, or a state financed work study program. To qualify under this provision, the student must be approved for work study at the time of application for NJ SNAP benefits, the work study must be approved for the school term, and the student must anticipate actually working during that time. Student eligibility based on work study participation begins either with the month in which the school term begins or the month that participation in work study is approved, whichever occurs last. Once eligible, the student's eligibility shall continue until either the end of the month in which the school term ends, or it becomes known that the student has refused to participate in the work study program. Student eligibility based on work study participation shall not continue between terms where there is a break of a full month or longer, unless the student is participating in work study during the break;

3. Be responsible for the care of a dependent household member under the age of six.

i. Only one person per dependent in the same NJ SNAP household may qualify pursuant to this provision;

4. Be responsible for the care of a dependent household member between the ages of six and 12 for whom adequate child care is not available to enable the student to either attend class and satisfy the 20-hour work requirement at (d)l above, or to participate in a State or Federally financed work study program during the regular school year, as set forth at (d)2 above.

i. The availability and adequacy of child care shall be determined by the CWA on a case by case basis;

ii. Only one person per dependent in the same NJ SNAP household may qualify pursuant to this provision;

5. Be receiving benefits from the Work First New Jersey (WFNJ) or other Temporary Assistance for Needy Families (TANF) program;

6. Be enrolled in an institution of higher education as a result of participation in the work incentive program pursuant to Title IV of the Social Security Act (42 U.S.C. §§ 601 et seq.), or its successor programs;

7. Be assigned to or placed in an institution of higher education through or in compliance with the requirements of one of the programs identified at (d)7i through iv below. Self-initiated placements during the period of time the person is enrolled in one of these employment and training programs shall be considered to be in compliance with the requirements of the employment and training program in which the person is enrolled, provided that the program has a component for enrollment in an institution of higher education, and that the program accepts the placement. Persons who voluntarily participate in one of these employment and training programs, and are placed in an institution of higher education through or in compliance with the requirements of the program, shall also qualify. The programs are:

i. A program pursuant to Title I of the Workforce Innovation and Opportunity Act (29 USC §§ 3111 et seq.);

ii. An NJ SNAP Employment and Training Program (NJ SNAP ETP) activity pursuant to N.J.A.C. 10:87-10, including, but not limited to, a course or program of study that:

(1) Is part of a program of career and technical education as defined at section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. § 2302) designed to be completed in not more than four years at an institution of higher education; or

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

iii. A program under Section 236 of the Trade Act of 1974 ( Public Law 93-618); or

iv. An employment and training program for low-income households that is operated by the State of New Jersey, or its local governments, where one or more of that program's requirements is at least equivalent to an acceptable NJ SNAP ETP component as specified at N.J.A.C. 10:87-10;

8. Be a single parent enrolled in an institution of higher education on a full-time basis (as defined by the institution), and be responsible for the care of a dependent child under the age of 12. This provision is to be applied in those situations where only one natural, adoptive, or step-parent (regardless of marital status) is in the same NJ SNAP household as the child. (For example, if one natural parent and a step-parent are living with the child, neither the natural parent nor the step-parent shall qualify as an eligible student pursuant to this provision.) If no natural, adoptive, or step-parent is in the same NJ SNAP household as the child, another full-time student in the same NJ SNAP household as the child may qualify for eligible student status pursuant to this provision if he or she has parental control over the child, and is not living with his or her spouse; or

9. Be participating in an on-the-job training program. 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.

(e) The income and resources of an ineligible student living with a household shall not be considered in determining eligibility or level of benefits of the household (see N.J.A.C. 10:87-5.9(a)13).

N.J. Admin. Code § 10:87-3.14

Amended by R.1981 d.97, effective 4/9/1981.
See: 13 N.J.R. 96(c), 13 N.J.R. 228(a).
Old section concerning "eligibility of taxpayer's household" deleted and new section concerning procedures for students in an institution of higher education substituted therefor.
Amended by R.1983 d.121, effective 4/4/1983.
See: 15 N.J.R. 247(a), 15 N.J.R. 625(b).
Originally adopted as an Emergency Rule, R.1983 d.38, effective 1/31/1983. The Amendment was pursuant to the Omnibus Budget Reconciliation Act of 1982 (P.L. 97-253) and the Food Stamp and Commodity Distribution Amendments of 1981 (P.L. 97-98, Title 13).
Amended by R.1989 d.121, effective 2/21/1989.
See: 20 N.J.R. 2689(a), 21 N.J.R. 511(b).
Substantially amended.
Amended by R.1993 d.62, effective 2/1/1993.
See: 24 N.J.R. 3207(b), 25 N.J.R. 584(a).
In (a), reduced maximum age criteria from 60 to 50. In (d)2, added a state financial work study program and defined participation in such programs. In (d)4 and 7 through 11, defined care of a dependent and student eligibility for food stamps.
Amended by R.1998 d.498, effective 10/5/1998.
See: 30 N.J.R. 1928(a), 30 N.J.R. 3669(b).
Rewrote (d).
Amended by R.1999 d.6, effective 1/4/1999.
See: 30 N.J.R. 3451(a), 31 N.J.R. 69(a).
In (d)5, substituted a reference to WFNJ/TANF for a reference to AFDC.
Amended by R.2004 d.181, effective 5/17/2004.
See: 36 N.J.R. 28(a), 36 N.J.R. 2425(a).
In (d), substituted "shall" for "must" in the introductory paragraph, substituted "Workforce Investment Act of 1998 (WIA) (P.L. 105-202)" for "Job Training Partnership Act of 1974 (JTPA), 18 U.S.C. § 665" in 7i, and amended the N.J.A.C. reference in 7iv; deleted introductory phrases throughout.
Amended by R.2009 d.94, effective 3/16/2009.
See: 40 N.J.R. 5932(a), 41 N.J.R. 1245(b).
In (d)7ii, inserted ", unless the individual meets the exemption criteria at N.J.A.C. 10:87-10.2(b)3".
Administrative change.
See: 44 N.J.R. 1529(a).

Amended by 56 NJ.R. 2081(a), effective 10/21/2024