POMS Reference

RS 00205: Student Benefits

TN 14 (03-01)

A. Policy

An individual cannot be entitled to benefits as a student if he/she is a prisoner as defined by the policies in either DI 23501.001A.4. or GN 02607.000. (See GN 02607.200B.1. for the policies on juvenile offenders.)

B. Procedure

1. Individual is not entitled

If it is determined that the rules for incarceration apply, deny the claim or terminate entitlement.

2. Individual can be entitled

If it appears the individual can be entitled to benefits:

  • Develop the educational institution status of the facility per RS 00205.250B.3.; and

  • Verify full-time attendance with the warden, director of training, or other appropriate officer.

NOTE: If the student is taking both academic and vocational instruction, the time spent in both programs is combined to determine the rate of weekly attendance. Time spent in work, such as a prison workshop, is not counted unless the work is an integral part of the educational program.