[Code of Federal Regulations]
[Title 20, Volume 3]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 20CFR633.107]

[Page 309-310]
 
                      TITLE 20--EMPLOYEES' BENEFITS
 
 CHAPTER V--EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR
 
PART 633--MIGRANT AND SEASONAL FARMWORKER PROGRAMS--Table of Contents
 
                   Subpart A--Introductory Provisions
 
Sec. 633.107  Eligibility for participation in section 402 programs.

    (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

[[Page 310]]

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.