Rule 23-104-7.47 - Educational AssistanceA. Educational assistance is provided in many forms. Treatment will vary depending on the nature and sometimes the use of the assistance.B. Educational assistance may be earned or unearned and may be counted or excluded.1. The following are specific types of educational assistance: a) VA Educational Benefits, which are discussed in Rule 7.10);b) Assistance under Title IV of the Higher Education Act (HEA) of 1965 or Bureau of Indian Affairs; 1) All student financial assistance received under HEA or BIA assistance programs is excluded from income and resources, regardless of use.2) The resource exclusion does not have a time limit, i.e., regardless of how long held, the assistance is excluded from resources.3) Interest and dividends earned on unspent educational assistance under Title IV HEA and BIA are excluded from income.c) Grants, Scholarships, Fellowships and Gifts;1) Grants, scholarships and fellowships are defined as follows: (a) These are amounts paid by private nonprofit agencies, the US government, instrumentalities or agencies of the US, state and local governments, foreign governments and private concerns, e.g., a private citizen, to enable qualified individuals to further their education and training by scholastic or research work, etc.2) Gifts are defined as follows: (a) A gift is something a person receives which is not repayment for goods or services provided and not given by legal obligation on the giver's part. To be a gift, something must be irrevocably given.3) Any portion of a grant, scholarship, fellowship or gift used for paying tuition, fees, or other necessary educational expenses at any educational institution, including vocational or technical education, is excluded from income.4) Any portion of such educational assistance that is not used for paying current tuition, fees or other necessary educational expenses but will be used for paying this type of educational expense at a future date is excluded from income in the month of receipt. (a) This exclusion does not apply to that portion set aside or actually used for food, clothing or shelter.5) Any portion of grants, scholarships, fellowships, or gifts that is not used or set aside for paying tuition, fees, or other necessary educational expenses is income in the month received and a resource the month after the month of receipt, if retained.6) If any portion of grants, scholarships, fellowships or gifts that is excluded from resource because it is set aside to pay for necessary educational expenses is used for some other purpose, the funds are income at the earliest of the following points:(a) In the month that it is spent; or(b) The month the individual no longer intends to use the funds to pay necessary educational expense.7) If the funds set aside for pay for necessary educational expenses are not spent after the 9th month, they are countable resources as of the 10th month following the month of receipt. (a) Interest and dividends earned on grants, scholarships, fellowships or gifts which are excluded as a resource count as income. Interest and dividends earned on educational assistance which is a countable resource are excluded as income.d) Educational Payments under AmeriCorps and the National Civilian Community Corps.1) The National and Community Service Trust Act established the Corporation for National and Community Services (CNCS). Through CNCS, the federal government administers a number of national and community service programs. It is also the federal agency that administers VISTA and the Service Corps, programs formerly administered by the ACTION agency.2) Effective September 1, 2008, cash or in-kind payments provided by AmeriCorps State and National and AmeriCorps NCCC are excluded from income, even if they meet the definition of wages. Such payments include, but are not limited to:(a) Living allowance payments;(e) Educational awards and payments in lieu of educational awards.23 Miss. Code. R. 104-7.47
Social Security Act §1902 (r)(2); 42 CFR §435.601(b) (Rev 1994); P.L. 110-245 §203.