§121.75. Students

a)         To participate in the program, students between 18 and 49 who are physically and mentally fit and enrolled at least half-time in an institution of higher education must meet one of the following requirements:

 

1)         employed at least 20 hours per week and paid for this employment or, if self-employed, employed at least 20 hours per week and earn at least 20 times the Federal Minimum Wage;

 

2)         approved to participate in a state or federally-funded work study program for the school term and the individual expects to work during that time;

 

3)         responsible for the care of a dependent household member under the age of six;

 

4)         responsible for the care of a dependent household member, who is at least age six but less than age 12, for whom child care is not available. Child care is considered available only when:

 

A)        the child is receiving child care services for 24 or more hours a week; or

 

B)        there is a household member age 18 or older, other than the student, who is available to provide the care (for example, is unemployed and living at home) and the member is not physically or mentally incapacitated;

 

5)         receiving Temporary Assistance for Needy Families (TANF);

 

6)         enrolled in a program under the Workforce Investment Act (WIA);

 

7)         enrolled as a result of the JOBS Program under Title IV of the Social Security Act or its successor;

 

8)         enrolled full-time in an institution of higher education and is a single parent or person providing parental control whose spouse is not in the home and is responsible for the care of a dependent child under age 12;

 

9)         enrolled in any education or training program (including college) required by the SNAP Employment and Training Program;

 

10)        participating in an on-the-job training program; or

 

11)        enrolled in an employment and training program operated by a state or local government, such as those offered by community colleges under a career and technical education program as defined by the Carl D. Perkins Career and Technical Education Act of 2006, or in courses of study for remedial education, basic adult education, literacy, or English as a second language.

 

12)        determined to be eligible to participate in a state or federal work-study program by the institution of higher education during the regular school year. The student does not need to be anticipating that a work-study position will be secured or that they will be actively employed during the school year. Pursuant to Division N, Title VII, Subtitle A, Section 702(e) of the Consolidated Appropriations Act, 2021, P.L. 116-260, this exemption is temporary and will be in effect until 30 days after the federal Department of Health and Human Services lifts the official designation of the nationwide COVID-19 public health emergency.

 

13)        has an Expected Family Contribution of ($0) for the regular school year. Pursuant to Division N, Title VII, Subtitle A, Section 702(e) of the Consolidated Appropriations Act, 2021, P.L. 116-260, this exemption is temporary and will be in effect until 30 days after the federal Department of Health and Human Services lifts the official designation of the nationwide COVID-19 public health emergency.

 

b)         Students must continue to meet the requirements in subsection (a) during the summer break.

 

c)         A student is enrolled in an institution of higher education if the student is enrolled in:

 

1)         a business, technical, trade or vocational school that normally requires a high school diploma or the equivalent for enrollment; or

 

2)         regular courses at a college or university that offers degree programs.

 

d)         A student is subject to the special student eligibility requirements beginning on the first day of the school term at the institution of higher education.  Student status continues through normal periods of class attendance, vacations and recesses until:

 

1)         the student graduates;

 

2)         the student is expelled or suspended;

 

3)         the student drops out of school;

 

4)         the student does not intend to register for the next term, excluding the summer school session (that is, the student status continues to the end of the term for which the student is presently enrolled and he or she does not plan to enroll for another term).

 

(Source:  Amended at 46 Ill. Reg. 5319, effective March 9, 2022)