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United States Code (Last Updated: May 24, 2014) |
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Title 20. EDUCATION |
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Chapter 28. HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE |
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SubChapter IV. STUDENT ASSISTANCE |
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Part E. Need Analysis |
§ 1087pp. Family contribution for independent students without dependents other than a spouse
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(a) Computation of expected family contribution For each independent student without dependents other than a spouse, the expected family contribution is determined by— (1) adding— (A) the family’s contribution from available income (determined in accordance with subsection (b) of this section); and (B) the family’s contribution from assets (determined in accordance with subsection (c) of this section); (2) dividing the sum resulting under paragraph (1) by the number of students who are enrolled or accepted for enrollment, on at least a half-time basis, in a degree, certificate, or other program leading to a recognized educational credential at an institution of higher education that is an eligible institution in accordance with the provisions of section 1094 of this title during the award period for which assistance under this subchapter and part C of subchapter I of chapter 34 of title 42 is requested; and (3) for periods of enrollment of less than 9 months, for purposes other than subpart 2 of part A of this subchapter— (A) dividing the quotient resulting under paragraph (2) by 9; and (B) multiplying the result by the number of months in the period of enrollment; except that the amount determined under this subsection shall not be less than zero. (b) Family’s contribution from available income (1) In general The family’s contribution from income is determined by— (A) deducting from total income (as defined in section 1087vv of this title)— (i) Federal income taxes; (ii) an allowance for State and other taxes, determined in accordance with paragraph (2); (iii) an allowance for social security taxes, determined in accordance with paragraph (3); (iv) an income protection allowance of the following amount (or a successor amount prescribed by the Secretary under section 1087rr of this title)— (I) for single or separated students, or married students where both are enrolled pursuant to subsection (a)(2)— (aa) for academic year 2009–2010, $7,000; (bb) for academic year 2010–2011, $7,780; (cc) for academic year 2011–2012, $8,550; and (dd) for academic year 2012–2013, $9,330; and (II) for married students where 1 is enrolled pursuant to subsection (a)(2)— (aa) for academic year 2009–2010, $11,220; (bb) for academic year 2010–2011, $12,460; (cc) for academic year 2011–2012, $13,710; and (dd) for academic year 2012–2013, $14,960; (v) in the case where a spouse is present, an employment expense allowance, as determined in accordance with paragraph (4); and (vi) the amount of any tax credit taken under section 25A of title 26; and (B) assessing such available income in accordance with paragraph (5). (2) Allowance for State and other taxes The allowance for State and other taxes is equal to an amount determined by multiplying total income (as defined in section 1087vv of this title) by a percentage determined according to the following table (or a successor table prescribed by the Secretary under section 1087rr of this title):
Percentages for Computation of State and Other Tax Allowance
If the students’ State or territory of
residence is—
The percentage is—
Alaska, American Samoa, Florida, Guam, Nevada, South Dakota, Tennessee, Texas, Trust Territory, Virgin Islands, Washington, Wyoming
0
Connecticut, Louisiana, Puerto Rico
1
Arizona, New Hampshire, New Mexico, North Dakota
2
Alabama, Colorado, Illinois, Indiana, Kansas, Mississippi, Missouri, Montana, Nebraska, New Jersey, Oklahoma
3
Arkansas, Georgia, Iowa, Kentucky, Maine, Pennsylvania, Utah, Vermont, Virginia, West Virginia, Canada, Mexico
4
California, Idaho, Massachusetts, North Carolina, Ohio, Rhode Island, South Carolina
5
Hawaii, Maryland, Michigan, Wisconsin
6
Delaware, District of Columbia, Minnesota, Oregon
7
New York
8
Other
4
(3) Allowance for social security taxes The allowance for social security taxes is equal to the amount earned by the student (and spouse, if appropriate), multiplied by the social security withholding rate appropriate to the tax year preceding the award year, up to the maximum statutory social security tax withholding amount for that same tax year.
(4) Employment expenses allowance The employment expense allowance is determined as follows (or using a successor provision prescribed by the Secretary under section 1087rr of this title): (A) If the student is married and the student’s spouse is employed in the year for which income is reported, such allowance is equal to the lesser of $2,500 or 35 percent of the earned income of the student or spouse with the lesser earned income. (B) If a student is not married, the employment expense allowance is zero. (5) Assessment of available income The family’s available income (determined in accordance with paragraph (1)(A) of this subsection) is assessed at 50 percent.
(c) Family contribution from assets (1) In general The family’s contribution from assets is equal to— (A) the family’s net worth (determined in accordance with paragraph (2)); minus (B) the asset protection allowance (determined in accordance with paragraph (3)); multiplied by (C) the asset conversion rate (determined in accordance with paragraph (4)); except that the family’s contribution from assets shall not be less than zero. (2) Family’s net worth The family’s net worth is calculated by adding— (A) the current balance of checking and savings accounts and cash on hand; (B) the net value of investments and real estate, excluding the net value in the principal place of residence; and (C) the adjusted net worth of a business or farm, computed on the basis of the net worth of such business or farm (hereafter referred to as “NW”), determined in accordance with the following table (or a successor table prescribed by the Secretary under section 1087rr of this title), except as provided under section 1087vv(f) of this title: Adjusted Net Worth of a Business or Farm
If the net worth of a business or farm is—
Then the adjusted net worth is—
Less than $1
$0
$1–$75,000
40 percent of NW
$75,001–$225,000
$30,000 plus 50 percent of NW over $75,000
$225,001–$375,000
$105,000 plus 60 percent of NW over $225,000
$375,001 or more
$195,000 plus 100 percent of NW over $375,000
(3) Asset protection allowance The asset protection allowance is calculated according to the following table (or a successor table prescribed by the Secretary under section 1087rr of this title):
Asset Protection Allowances for Families and Students
If the age of the student is—
And the student is
married
single
then the allowance is—
25 or less
$ 0
$0
26
2,200
1,600
27
4,300
3,200
28
6,500
4,700
29
8,600
6,300
30
10,800
7,900
31
13,000
9,500
32
15,100
11,100
33
17,300
12,600
34
19,400
14,200
35
21,600
15,800
36
23,800
17,400
37
25,900
19,000
38
28,100
20,500
39
30,200
22,100
40
32,400
23,700
41
33,300
24,100
42
34,100
24,700
43
35,000
25,200
44
35,700
25,800
45
36,600
26,300
46
37,600
26,900
47
38,800
27,600
48
39,800
28,200
49
40,800
28,800
50
41,800
29,500
51
43,200
30,200
52
44,300
31,100
53
45,700
31,800
54
47,100
32,600
55
48,300
33,400
56
49,800
34,400
57
51,300
35,200
58
52,900
36,200
59
54,800
37,200
60
56,500
38,100
61
58,500
39,200
62
60,300
40,300
63
62,400
41,500
64
64,600
42,800
65 or more
66,800
44,000
(4) Asset conversion rate The asset conversion rate is 20 percent.
(d) Computations in case of separation, divorce, or death In the case of a student who is divorced or separated, or whose spouse has died, the spouse’s income and assets shall not be considered in determining the family’s contribution from income or assets.
Amendments
2007—Subsec. (b)(1)(A)(iv). Pub. L. 110–84 amended cl. (iv) generally. Prior to amendment, cl. (iv) read as follows: “an income protection allowance of the following amount (or a successor amount prescribed by the Secretary under section 1087rr of this title)—
“(I) $6,050 for single students;
“(II) $6,050 for married students where both are enrolled pursuant to subsection (a)(2) of this section; and
“(III) $9,700 for married students where one is enrolled pursuant to subsection (a)(2) of this section;”.
2006—Subsec. (b)(1)(A)(iv). Pub. L. 109–171, § 8017(b)(1)(A), substituted “$6,050” for “$5,000” in subcls. (I) and (II) and “$9,700” for “$8,000” in subcl. (III).
Subsec. (c)(4). Pub. L. 109–171, § 8017(b)(1)(B), substituted “20” for “35”.
1998—Subsec. (a)(3). Pub. L. 105–244, § 474(a), added par. (3).
Subsec. (b)(1)(A)(iv). Pub. L. 105–244, § 474(b)(1), in introductory provisions, substituted “allowance of the following amount (or a successor amount prescribed by the Secretary under section 1087rr of this title)—” for “allowance of—”.
Subsec. (b)(1)(A)(iv)(I), (II). Pub. L. 105–244, § 474(b)(2), substituted “$5,000” for “$3,000”.
Subsec. (b)(1)(A)(iv)(III). Pub. L. 105–244, § 474(b)(3), substituted “$8,000” for “$6,000”.
1997—Subsec. (b)(1)(A)(vi). Pub. L. 105–78 added cl. (vi).
1993—Subsec. (d). Pub. L. 103–208 added subsec. (d).
1992—Pub. L. 102–325 amended section generally, substituting provisions relating to family contribution for independent students without dependents other than a spouse for provisions relating to family contribution for independent students without dependents (including a spouse).
1987—Subsec. (b)(1)(A), (B). Pub. L. 100–50, § 14(13)(B), (C), substituted subpar. (A) and introductory provisions of subpar. (B) for introductory provisions of former subpar. (A) which read as follows: “computing the student’s available taxable income by deducting from the student’s adjusted gross income—”. Former subpar. (B) redesignated (C).
Subsec. (b)(1)(C). Pub. L. 100–50, § 14(13)(B), redesignated subpar. (B) as (C). Former subpar. (C) redesignated (D).
Subsec. (b)(1)(D). Pub. L. 100–50, § 14(15), which directed that subsec. (b)(1)(C) be amended by inserting “plus the amount of veterans’ benefits paid during the award period under chapters 32, 34, and 35 of title 28”, was executed to subpar. (D) to reflect the probable intent of Congress and the intervening redesignation of subpar. (C) as (D) by section 14(13)(B) of Pub. L. 100–50.
Pub. L. 100–50, § 14(13)(A), (B), redesignated subpar. (C) as (D) and substituted “subparagraph (C)” for “subparagraph (B)”.
Subsec. (b)(2). Pub. L. 100–50, § 14(1), (14), substituted “total income” for “total taxable income” and “section 1087rr of this title” for “section 1087ss of this title”.
Subsec. (b)(4)(A). Pub. L. 100–50, § 14(16)(A), substituted “$8,600” for “$8,900”.
Subsec. (b)(4)(B). Pub. L. 100–50, § 14(16), substituted “$8,600” for “$8,900” in two places and “$6,020” for “$6,230”.
Subsec. (c)(1). Pub. L. 100–50, § 14(17), substituted a semicolon for a period at end of subpar. (C) and inserted, after subpar. (C), provision that the student’s income supplemental amount from assets not be less than zero.
Subsec. (c)(2)(B). Pub. L. 100–50, § 14(3), substituted “displaced homemaker” for “dislocated homemaker”.
Subsec. (c)(2)(C). Pub. L. 100–50, § 14(4), added table and struck out former table which read as follows:
“Adjusted Net Worth of a Business or Farm | |
|---|---|
If the net worth of a business or farm is— | Then the adjusted net worth is— |
Less than $1 | $0 |
$1–$65,000 | 40 percent of NW |
$65,001–$195,000 | $26,000 plus 50 percent of NW over $65,000 |
$195,001–$325,000 | $91,000 plus 60 percent of NW over $195,000 |
$325,001 or more | $169,000 plus 100 percent of NW over $325,000”. |
Pub. L. 100–50, § 14(1), substituted “section 1087rr of this title” for “section 1087ss of this title”.
Effective Date Of Amendment
Amendment by Pub. L. 110–84 effective
Amendment by Pub. L. 109–171 effective
Pub. L. 109–171, title VIII, § 8017(b)(2),
Amendment by Pub. L. 105–244, effective
Amendment by Pub. L. 103–208 effective as if included in the Higher Education Amendments of 1992, Pub. L. 102–325, except as otherwise provided, see section 5(a) of Pub. L. 103–208, set out as a note under section 1051 of this title.
Amendment by Pub. L. 102–325 applicable with respect to determinations of need under this part for award years beginning on or after
Amendment by Pub. L. 100–50 effective as if enacted as part of the Higher Education Amendments of 1986, Pub. L. 99–498, see section 27 of Pub. L. 100–50, set out as a note under section 1001 of this title.