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04 040113 HA ADMINPLAN EX 2
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04 040113 HA ADMINPLAN EX 2
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Last modified
3/28/2013 10:01:24 AM
Creation date
3/28/2013 9:36:46 AM
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City Clerk
Doc Type
Agenda Packet
Agency
Community Development
Date
4/1/2013
Destruction Year
2018
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3-II.E. STUDENTS ENROLLED IN INSTITUTIONS OF HIGHER EDUCATION [24 <br />CFR 5.612 and FR Notice 4/10/06] <br />Section 327 of Public Law 109-115 and the implementing regulation at 24 CFR 5.612 <br />established new restrictions on the eligibility of certain students (both part- and full-time) who <br />are enrolled in institutions of higher education. <br />If a student enrolled at an institution of higher education is under the age of 24, is not a veteran, <br />is not married, does not have a dependent child, and is not a person with disabilities receiving <br />HCV assistance as of November 30, 2005, the student's eligibility must be examined along with <br />the income eligibility of the student's parents. In these cases, both the student and the student's <br />parents must be income eligible for the student to receive HCV assistance. If, however, a student <br />in these circumstances is determined independent from his/her parents in accordance with PHA <br />policy, the income of the student's parents will not be considered in determining the student's <br />eligibility. <br />The new law does not apply to students who reside with parents who are applying to receive <br />HCV assistance. It is limited to students who are seeking assistance on their own, separately <br />from their parents. <br />Definitions <br />In determining whether and how the new eligibility restrictions apply to a student, SARA will <br />rely on the following definitions [FR 4/10/06, p.18148]. <br />Dependent Child <br />In the context of the student eligibility restrictions, dependent child means a dependent child of a <br />student enrolled in an institution of higher education. The dependent child must also meet the <br />definition of dependent in 24 CFR 5.603, which states that the dependent must be a member of <br />the assisted family, other than the head of household or spouse, who is under 18 years of age, or <br />is a person with a disability, or is a full-time student. Foster children and foster adults are not <br />considered dependents. <br />Independent Student <br />SARA will consider a student "independent" from his or her parents and the parents' income <br />will not be considered when determining the student's eligibility if the following four criteria are <br />all met: <br />The individual is of legal contract age under state law. <br />The individual has established a household separate from his/her parents for at least one <br />year prior to application for occupancy or the individual meets the U.S. Department of <br />Education's definition of independent student. <br />To be considered an independent student according to the Department of Education, a <br />student must meet one or more of the following criteria: <br />Be at least 24 years old by December 31 of the award year for which aid is sought <br />Be an orphan or a ward of the court through the age of 18 <br />Be a veteran of the U.S. Armed Forces <br />Page 3 -12 <br />~~02~2012 <br />
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