(a) Eligibility for participation in section 402 programs is limited
to those individuals who have, during any consective 12-month period
within the 24-month period preceding their application for enrollment:
(1) Been a seasonal farmworker or migrant farmworker as defined in
Sec. 633.104; and,
(2) Received at least 50 percent of their total earned income or
been employed at least 50 percent of their total work time in farmwork;
and,
(3) Been identified as a member of a family which receives public
assistance or whose annual family income does not exceed the higher of
either the proverty level or 70 percent of the lower living standard
income level.
(4) Dependents of the above individuals are also eligible.
(b) The 24-month period preceding application for enrollment shall
be extended for persons who have been in the armed forces, incarcerated,
hospitalized, or physically or mentally disabled. The extended period of
time shall be not more than 24 months plus the amount of time the person
was in the armed forces, incarcerated, detained at any Federal or State
facility, hospitalized, or physically or mentally disabled. Such
conditions shall be positively demonstrated by the applicant. This can
be done by producing documentary evidence satisfactory to the grantee.
(c) To be eligible for participation, individuals shall meet the
requirements of sections 167(a)(5) and 504 of the Act.
(d) A participant in another program or title under JTPA who met the
eligibility criteria for section 402 at the time of enrollment into such
other program or title may be transferred into, or enrolled
concurrently, in the section 402 program. A section 402 participant who
met the eligibility criteria for another program or title under JTPA at
the time of enrollment into the section 402 program may also be
transferred into or enrolled concurrently in such other program or
title.
(e) The grantee shall establish the necessary procedures for
identifying and selecting participants and for eligibility determination
and verification.
(f) The provisions of section 181(k) of the Act are applicable to
section 402 programs.
