New York Codes, Rules and Regulations
Title 8 - EDUCATION DEPARTMENT
Chapter XXII - Additional Institutional Participation In The Tuition Assistance Program
Subchapter B - Tuition Assistance Program Awards For Additional Participants
Part 2408 - Tuition Assistance Program Awards
Section 2408.2 - Adjustments to income

Universal Citation: 8 NY Comp Codes Rules and Regs § 2408.2

Current through Register Vol. 46, No. 39, September 25, 2024

Adjustments to the income information reported may be made upon the following criteria:

(a) An adjustment may be made to parent's income based upon the eligible attendance of a parent or other dependent child of a parent, pursuant to subdivision 5 of section 663 of the Education Law.

(b) An adjustment may be made to the income of the applicant and spouse based upon the eligible attendance of such spouse or a dependent child of the applicant, pursuant to subdivision 5 of section 663 of the Education Law.

(c) For the purposes of subdivisions (a) and (b) of this section, a dependent child shall be a child who does not satisfy the criteria of section 2408.3 of this Part, pertaining to the financial independence of applicants.

(d) For the purposes of subdivisions (a) and (b) of this section, eligible attendance shall be full-time matriculated attendance in a program of post-secondary study which is approved for the receipt of Federal pell grant awards in accordance with section 1,070 of title 20 of the United States Code, et. seq. and the regulations promulgated thereunder.

(e) Adjustments for change in circumstance.

(1) Any change in the status of an applicant, or of any person whose income was required to be included in the computation of the applicant's award, which occurs on or after January 1st preceding the academic year for which the application is filed with the corporation and before the first day of any term for which the award is granted, will be considered in computing an adjustment of the applicant's award for that term, provided that the change in status was caused by such person's:

(i) death;

(ii) permanent and total physical or mental disability;

(iii) divorce;

(iv) separation by judicial decree or pursuant to an agreement of separation which is filed with a court of competent jurisdiction.

(2) The corporation may require such documentary evidence, testimony or affidavits as it deems sufficient in granting such an adjustment of an award.

(3) Adjustments shall be computed by adjusting the reported taxable income of the person whose circumstances have changed to reflect the increase or diminution of income available to the applicant during the term for which an award is made. The amount of income of such person to be included in the computation of the applicant's award shall be any support payments to be received from the noncustodial parent for the benefit of the applicant during the balance of the calendar year, plus the result of the following calculation:

(taxable income reported for base tax year) x (number of full months status unchanged) / (18 months)

(4) Base tax year shall mean the tax year preceding the academic year for which an award is requested.

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