Idaho Admin. Code r. 16.03.04.227 - EXEMPTIONS FROM JSAP

Exemptions from JSAP are listed in Subsections 227.01 through 227.13 of these rules. (3-17-22)

01. Parents or Caretakers of a Child Under Six Years of Age. A parent or caretaker responsible for the care of a dependent child under age six (6) is exempt from JSAP. If the child becomes six (6) during the certification period, the parent or caretaker must register for JSAP at the next scheduled six-month or twelve-month contact or recertification, unless exempt for another reason. (3-17-22)

02. Parents and Caretakers of an Incapacitated Person. A parent or caretaker responsible for the care of a person incapacitated due to illness or disability is exempt from JSAP. (3-17-22)

03. Persons Who Are Incapacitated. A person who is physically or intellectually unfit for employment is exempt from JSAP. If a disability is claimed which is not evident, proof to support the disability can be required. Acceptable proof includes receipt of permanent or temporary disability benefits, or a statement from a physician or licensed or certified psychologist. (3-17-22)

04. Students Enrolled Half Time. A student who is eighteen (18) years or older is exempt from JSAP if: (3-17-22)

a. He is enrolled at least half-time in any institution of higher learning and if he meets the definition of an eligible student in Section 282 of these rules; or (3-17-22)

b. He is enrolled at least half-time in any other recognized school or training program. (3-17-22)

c. He remains enrolled during normal periods of class attendance, vacation, and recess. If he graduates, enrolls less than half-time, is suspended or expelled, drops out, or does not intend to register for the next normal school term (excluding summer), he must register for work at the next scheduled six-month or twelve-month contact or recertification. (3-17-22)

05. SSI Applicants. A person who is applying for SSI is exempt from JSAP until SSI eligibility is determined. (3-17-22)

06. Persons Who Are Employed. A person who is employed is exempt from JSAP if: (3-17-22)

a. He is working at least thirty (30) hours per week; or (3-17-22)

b. He is receiving earnings equal to the Federal minimum wage multiplied by thirty (30) hours; or (3-17-22)

c. He is a migrant or seasonal farm worker under contract or agreement to begin employment within thirty (30) days. (3-17-22)

07. Persons Who Are Self-Employed. A person who is self-employed is exempt from JSAP when the person is working a minimum of thirty (30) hours per week and is receiving earnings equal to or greater than the Federal minimum wage multiplied by thirty (30) hours. (3-17-22)

08. Persons in Treatment for a Substance Use Disorder. A regular participant in a drug or alcohol treatment and rehabilitation program is exempt from JSAP. (3-17-22)

09. Unemployment Insurance (UI) Applicant/Recipient. A person receiving UI is exempt from JSAP. A person applying for, but not receiving UI, is exempt from JSAP if he is required to register for work with the Department of Commerce and Labor as part of the UI application process. (3-17-22)

10. Children Under Age Sixteen. A child under age sixteen (16) is exempt from JSAP. A child who turns sixteen (16) within a certification period must register for JSAP at the six-month or twelve-month contact or recertification, unless exempt for another reason. (3-17-22)

11. Persons Age Sixteen or Seventeen. A household member age sixteen (16) or seventeen (17) is exempt from JSAP if he is attending school at least half-time, or is enrolled in an employment and training program, including GED, at least half-time. (3-17-22)

12. Participants Age Sixty or Older. A participant age sixty (60) or older is exempt from JSAP. (3-17-22)

13. Pregnant Women. A pregnant woman in her third trimester is exempt from JSAP. (3-17-22)

Notes

Idaho Admin. Code r. 16.03.04.227