(a) Unless otherwise exempted, the following persons may be required by the Department to participate in the program:

(1) Adult and caretaker relatives of children who are receiving TANF program benefits; and

(2) Unemployed non-caretaker parents of children who are receiving TANF program benefits.

(b) The following recipients of public assistance may not be required by the Department to participate but may elect, to the extent resources are available, to participate in the Program:

(1) Any person who is receiving Supplemental Security Income (“SSI”) benefits or other continuing State or federal maintenance benefits based on age or disability;

(2) A parent who is the sole caretaker of a child who is incapacitated as determined by receipt of social security disability benefits or benefits under the SSI Program;

(3) Any individual, including caretakers, under 16 years of age;

(4) Any individual unable to participate because of a temporary medical condition preventing employment and training, as certified by a written statement from a physician, such exemption to be reevaluated every 60 days; and

(5) Any individual 62 years of age or older.

(c) Parents under the age of 20 who are enrolled full-time in a secondary school shall be exempt from participation in the Program.

(d) Any person enrolled full-time in an accredited post-secondary degree program who demonstrates adequate progress toward completion of such program shall be exempt from participation in the Program for a period not to exceed 2 years and may be permitted an extension to continue person’s studies for an additional 2 years; provided, that such person works sufficient hours to earn such person’s TANF program grant during such period.

(e) Notwithstanding subsection (a) of this section, any TANF recipient working full time in a job not subsidized under the Program shall be exempt from participation in the Program.

70 Del. Laws, c. 66, § 2; 70 Del. Laws, c. 186, § 1; 81 Del. Laws, c. 367, § 5.