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Have one or more legal dependents other than a spouse (for example, dependent <br />children or an elderly dependent parent) <br />Be a graduate or professional student <br />Be married <br />The individual was not claimed as a dependent by his/her parents pursuant to IRS <br />regulations, as demonstrated on the parents' most recent tax forms. <br />The individual provides a certification of the amount of financial assistance that will be <br />provided by his/her parents. This certification must be signed by the individual providing <br />the support and must be submitted even if no assistance is being provided. <br />SAHA will verify that a student meets the above criteria in accordance with the policies <br />in Section 7-II.E. <br />Institution of Higher Education <br />SAHA will use the statutory definition under section 102 of the Higher Education Act of 1965 to <br />determine whether a student is attending an institution of higher education (see Exhibit 3-2). <br />Parents <br />For purposes of student eligibility restrictions, the definition of parents includes biological or <br />adoptive parents, stepparents (as long as they are currently married to the biological or adoptive <br />parent), and guardians (e.g., grandparents, aunt/uncle, godparents, etc). <br />Person with Disabilities <br />SAHA will use the statutory definition under section 3(b)(3)(E) of the 1937 Act to determine <br />whether a student is a person with disabilities (see Exhibit 3-1). <br />Veteran <br />A veteran is a person who served in the active military, naval, or air service and who was <br />discharged or released from such service under conditions other than dishonorable. <br />Determining Student Eligibility <br />If a student is applying for assistance on his/her own, apart from his/her parents, SAHA must <br />determine whether the student is subject to the eligibility restrictions contained in 24 CFR 5.612. <br />If the student is subject to those restrictions, SAHA must ensure that: (1) the student is <br />individually eligible for the program, (2) either the student is independent from his/her parents or <br />the student's parents are income eligible for the program, and (3) the "family" with which the <br />student is applying is collectively eligible for the program. <br />For any student who is subject to the 5.612 restrictions, SAHA will: <br />Follow its usual policies in determining whether the student individually and the <br />student's "family" collectively are eligible for the program <br />Determine whether the student is independent from his/her parents in accordance with the <br />definition of independent student in this section <br />Follow the policies below, if applicable, in determining whether the student's parents are <br />income eligible for the program <br />iii29i2oio Page 3-14 <br />