[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: 20CFR641.305]

[Page 372-373]
 
                      TITLE 20--EMPLOYEES' BENEFITS
 
 CHAPTER V--EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR
 
PART 641--SENIOR COMMUNITY SERVICE EMPLOYMENT PROGRAM--Table of Contents
 
                       Subpart C--Grant Operations
 
Sec. 641.305  Enrollment eligibility.

    (a) General. Eligibility criteria set forth in this section apply to 
all SCSEP applicants and enrollees, including the following individuals:
    (1) Each individual seeking initial enrollment;
    (2) Each individual seeking reenrollment after termination from the 
SCSEP because of loss of unsubsidized employment through no fault of 
their own, including illness; and
    (3) Each enrollee seeking recertification for continued enrollment.
    (b) Eligibility criteria. To be eligible for initial enrollment, 
each individual shall meet the following criteria for age, income, and 
place of residence:
    (1) Age. Each individual shall be no less than 55 years of age. No 
person whose age is 55 years or more shall be determined ineligible 
because of age, and no upper age limit shall be imposed for initial or 
continued enrollment. [Section 502 of the OAA.]
    (2) Income. The income of the family of which the individual is a 
member shall not exceed the low-income standards defined in Sec. 641.102 
and issued by the Department. In addition, a disabled person may be 
treated as a ``family of one'' for income eligibility purposes.
    (3) Residence. Each individual, upon initial enrollment, shall 
reside in the State in which the project is authorized.
    (c) No additional eligibility requirement. Grantees and subgrantees 
shall not impose any additional condition or requirement for enrollment 
eligibility unless required by Federal law.
    (d) Dual Eligibility. Individuals eligible under title V of the OAA 
who are enrolled in a joint program established under a written 
financial or non-financial agreement to jointly operate programs with 
JTPA shall be deemed to satisfy the requirements of JTPA Title II-A.
    (e) Special responsibilities of the grantees and subgrantee(s) 
relating to eligibility.
    (1) Each grantee or subgrantee shall recertify the income of each 
enrollee under its grant or subgrant, respectively, once each project 
year, according to the schedule set forth in the grant agreement and 
shall maintain documentation to support the recertification. Enrollees 
found to be ineligible for continued enrollment because of income shall 
be given, by the grantee or subgrantee, a written notice of termination 
and shall be terminated 30 days after the notice. No enrollee shall 
participate in a community service position for more than 12 months 
without having his or her income recertified.
    (2) If, at any time, the grantee or a subgrantee determines that an 
enrollee was incorrectly declared eligible as a direct result of false 
information given by that individual, the individual shall be given a 
written notice explaining the reason or reasons for the determination 
and shall be terminated immediately.
    (3) If, at any time, the grantee or subgrantee determines that an 
enrollee was incorrectly declared eligible through no fault of the 
enrollee, the grantee or subgrantee shall give the enrollee immediate 
written notice explaining the reason or reasons for termination, and the 
enrollee shall be terminated 30 days after the notice.
    (4) When a grantee or subgrantee makes an unfavorable determination 
on continued eligibility, it shall explain in writing to the enrollee 
the reason(s) for the determination and shall provide notice of the 
right of appeal in accordance with the required procedures set forth in 
Sec. 641.324.
    (5) When a grantee or subgrantee terminates an enrollee for cause, 
it shall inform the enrollee, in writing, of the reason(s) for 
termination and of the right of appeal in accordance with the required 
procedures set forth in Sec. 641.324.

[[Page 373]]

    (6) When a grantee or subgrantee makes an unfavorable determination 
of enrollment eligibility pursuant to paragraph (e) (1) or (3) of this 
section, it should assure that the individual is given a reason for non-
enrollment and, when feasible, should refer the individual to other 
potential sources of assistance.