NY Educ L § 663 (2021)
2021 New York Laws EDN - Education Title 1 - General Provisions Article 14 - New York State Higher Education Services Corporation Part 2 - Student Financial Aid Sub Part 1 - General Provisions 663 - Income, a Determinant of Amount of Awards.

§ 663. Income,  a  determinant of amount of awards. 1. Income defined. Except as otherwise provided in this  section,  "income"  shall  be  the total of the combined net taxable income and income from pensions of New York  state,  local  governments, the federal government and any private employer of the applicant, the applicant's spouse, and  the  applicant's parents,  including any pension and annuity income excluded for purposes of taxation pursuant to paragraph three-a of subsection (c)  of  section six  hundred twelve of the tax law, as reported in New York state income tax  returns  for  the  calendar  year  coinciding  with  the  tax  year established  by  the  U.S. department of education to qualify applicants for federal student financial aid programs authorized by title IV of the Higher Education Act of 1965, as amended, for the school year  in  which application  for  assistance is made, except that any amount received by an applicant as a scholarship at an  educational  institution  or  as  a fellowship  grant,  including  the  value  of  contributed  services and accommodations, shall not be included within the definition of  "income" for  the purposes of this article. The term "parent" shall include birth parents, stepparents, adoptive parents and the  spouse  of  an  adoptive parent.  Income,  if  not  a whole dollar amount, shall be assumed to be equal to the next lowest whole dollar amount. Any change in  the  status of  an  applicant  with  regard  to  the  persons  responsible  for  the applicant's support occurring after the beginning of any semester  shall not be considered to change the applicant's award for that semester.   2.  Separation  of  parents. If the parents of an applicant are living apart, the income of the applicant shall be based  upon  the  income  of that  parent with whom the applicant is living; or who exercises custody if the applicant is a minor, or would exercise custody if the  applicant were  a  minor,  and  any  appropriate  payments  for the support of the applicant from the other parent.   3. Exclusion of parental income in the determination of the amount  of an  award.  a.  In  determining the amount of an award for students, the income of the  parents  shall  be  excluded  if  the  student  has  been emancipated from his parents.   b. A student shall be considered emancipated if:  (1)  The  applicant is a student who was married on or before December thirty-first of the calendar year prior to the beginning of the academic year for which application is made or is an  undergraduate  student  who has  reached  the age of twenty-two on or before June thirtieth prior to the academic year for which application is  made  and  who,  during  the calendar year next preceding the semester, quarter or term of attendance for  which application is made and at all times subsequent thereto up to and including the entire period for which application is made:  (i) has not resided and will not reside with his or  her  parents  for more than six weeks; and  (ii)  has  not  and  will  not receive financial assistance or support valued in excess of seven hundred fifty dollars from his or her parents; and  (iii) has not and will not be claimed as a dependent by either  parent for purposes of either federal or state income tax; or  (2) The applicant has reached the age of thirty-five on or before June thirtieth prior to the academic year for which application is made; or  (3) The applicant was enlisted in full time active military service in the  armed  forces  of  the  United  States  and  (i) has been honorably discharged from such service, or (ii) has  a  qualifying  condition,  as defined  in  section  three  hundred fifty of the executive law, and has received a discharge other than bad conduct or  dishonorable  from  such service,  or  (iii)  is a discharged LGBT veteran, as defined in section three hundred fifty of the executive law, and has received  a  discharge  other than bad conduct or dishonorable from such service, and, provided, however,  that  the  applicant  has  not  and  will  not be claimed as a dependent by either parent for  purposes  of  either  federal  or  state income tax.   c.  In  making  a  determination  of  where  a student resides for the purposes of item (i) of  subparagraph  one  hereof,  the  president  may consider such criteria as he deems appropriate. Residence by the student in  an apartment, building, or other premises owned by a parent shall be considered residence with that parent, for the purposes of this section, even if the student makes payment therefor in the form of rent or  other considerations.   d.  Any  undergraduate  student  who  was  allowed to exclude parental income pursuant to the provisions of subdivision three  of  section  six hundred  three  of  this  chapter  as  they existed prior to July first, nineteen hundred seventy-four may continue to exclude such income for so long as he continues to comply with such provisions.   e. In making a determination of whether a student has been claimed  by a  parent  as  a dependent for purpose of either federal or state income tax, the president may require the student to  submit  a  copy  of  that portion  of  the  parents'  federal income tax return which includes the parents' signature and the list of claimed dependents.   4. Relinquishing of parental control. In determining the amount of  an award,  the  president  may,  in cases of unusual and exceptional family circumstances warranting such action, recognize  an  existing  condition wherein  parental control has in effect been relinquished by the parents or  others  responsible  for  the  applicant,  and  notwithstanding  the provisions  of  subdivision  three of this section, the applicant has in effect been emancipated.  Provided,  however,  that  students  who  have qualified  as  an  orphan,  foster  child,  or ward of the court for the purposes of federal student financial aid programs authorized  by  Title IV  of  the  Higher  Education  Act  of  1965,  as amended, shall not be considered emancipated for the purposes of determining an award pursuant to section six hundred sixty-seven of this article. The criteria used in determining these cases of unusual and exceptional family  circumstances shall  be established by the president with the approval of the board of trustees and the director of the division of the budget.   5. Adjustments of income. In the determination of income for  purposes of  paragraphs  a  and  b  of  subdivision  three of section six hundred sixty-seven of this part if, during  the  academic  year  in  which  the applicant  will  receive  an  award,  one  of  either the parents of the applicant or other dependent child of such parents, the  spouse  of  the applicant,  or  one  or  more  dependent  children  of the applicant, in addition to the  applicant,  will  be  in  full-time  attendance  in  an approved  program,  the  combined  net  taxable  income determined under subdivision one of this section  shall  be  reduced  by  three  thousand dollars  and  an  additional  two  thousand  dollars for each other such person additional to the aforesaid persons (including the applicant) who will be in such attendance, and the resulting amount shall be deemed the applicable income in determining the applicant's award for the  academic year.   6.  Income  tax  return  not filed or not including income outside New York state. If a person required to report income to the corporation did not file an appropriate New York state income  tax  return,  or  if  the return  did not include income outside New York state, such person shall report to the corporation what his income would have been had his  total income been subject to New York state income tax and had such income tax return been filed.    7.  Statement of income. An applicant, the applicant's spouse, and the applicant's parents,  if  their  income  is  included  in  "income"  for purposes of this article, shall file annually with the corporation, in a manner  prescribed by the president, a statement of their income, signed and affirmed as true under penalties of perjury.   8.  Verification  of financial report. The state tax commission shall, upon request by the president, compare  any  statement  filed  with  the corporation   pursuant  to  this  article  or  any  information  derived therefrom with the state income tax returns filed by the persons  making such statement and shall report any discrepancies to the president.   9. Confidentiality of financial reports. All statements filed with the corporation and all reports made by the state tax commission pursuant to this section shall be deemed confidential.