N.Y. Comp. Codes R. & Regs. tit. 8 § 2202.4

Current through Register Vol. 46, No. 50, December 11, 2024

Section 2202.4 - Financial independence of applicants

(a) Applicants may establish their financial independence, and thus exclude the income of their parents in the computation of an award, only if they can satisfy the following criteria:

(1) The applicant is at least 35 years of age by July first of the academic year for which application for an award is made; or

(2) The applicant is at least 22 years of age by July first of the academic year for which application for an award is made, or was married by December 31st of the year preceding the academic year for which application for an award is made, or is a graduate student; and:

(i) during the calendar year preceding the term for which application for an award is made, up to and including the entire period for which application for an award is made, has not and will have not resided with parents nor resided in a building or apartment owned or leased by parents for a period of more than six weeks;

(ii) during the calendar year preceding the term for which application for an award is made, up to and including the entire period for which application for an award is made, has not received and will not receive from parents financial support or assistance, including gifts and loans, valued in excess of $750 in any year; and

(iii) during the calendar year preceding the term for which application for an award is made and during each calendar year in which an award is made, the applicant has not been claimed as a dependent by either parent for purposes of either Federal or State income tax.

(3) The applicant is an undergraduate student who is not 22 years of age on or before July 1st of the academic year for which application for an award is made and who, in addition to satisfying the criteria of subparagraphs (i) through (iii) of paragraph (2) of this subdivision, demonstrates the existence of unusual and exceptional family circumstances by satisfying one of the following criteria:

(i) parents are deceased;

(ii) parents are declared incompetent by judicial action or are certified as having a total or permanent disability;

(iii) the student is a ward of the court;

(iv) the student receives public assistance contributing to support other than food stamps, aid as a dependent child or benefits under a program of unemployment insurance; or

(v) the student has been rendered financially independent due to the involuntary dissolution of the family evidencing relinquishment of parental responsibility and control.

(b) For purposes of subparagraph (a)(2)(i) of this section, applicants who have served in full- time active military service, or in a national welfare program such as the Peace Corps during any portion of the six-month period immediately preceding the period specified in said subparagraph (i), may exclude from consideration as residence with parents the six-month period immediately following the date of discharge or release.

(c) An applicant's establishment of a residence in New York State separate and apart from parents, acceptable to the corporation as satisfying the general eligibility criteria of section 2201.1(b)(2) of this Subchapter, shall not in itself establish a student's financial independence from parents.

(d) Waiver of rules. Notwithstanding the criteria set forth in paragraphs (a)(2) and (3) of this section, a student may be considered emancipated upon the submission of proof, satisfactory to the president, evidencing the relinquishment of parental responsibility and control.

(e) Applicants who received awards during the prior academic year after determination by the corporation of their financial independence may continue to receive awards based upon such status as long as the applicant continues to comply with the criteria of paragraph (a)(2) of this section.

(f) The corporation, in determining whether an applicant satisfies the criteria of this section, may require the submission of proof consisting of official documents, including signed copies of the parents' Federal income tax return showing the names of dependents claimed, affidavits by responsible persons with direct knowledge of family circumstances, and such other proof as the corporation may deem necessary.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 2202.4