Pennsylvania Code › Title 22 - EDUCATION › Part VIII - Higher Education Assistance Agency › Chapter 121 - STUDENT FINANCIAL AID › Subchapter B - HIGHER EDUCATION GRANT PROGRAM › Section 121.57 - Higher education grant domicile

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A student applicant who is under 18 years
				  of age at the time he makes application for a State higher education grant or
				  to renew a higher education grant shall have a supporting parent or guardian
				  who has been a bona fide domiciliary of this Commonwealth for at least 12
				  months immediately preceding the date of receipt by the Agency of the higher
				  education grant or renewal application.
(b) A student applicant who is 18 years of
				  age or older at the time he makes application for a State higher education
				  grant or to renew such award shall have been a bona fide domiciliary of this
				  Commonwealth for at least 12 months immediately preceding the date of receipt
				  by the Agency of the higher education grant or renewal application.
(c) Any period of time during which an
				  applicant is enrolled as a student in an educational institution may not be
				  counted as a part of the 12-month domicile requirement when the student came
				  into the Commonwealth or remained in the Commonwealth for the purpose of
				  attending a school or college.
(d)
				  For the purposes of determining domicile, a guardian shall be a person or
				  persons appointed by a court or any person or persons other than a parent with
				  whom the applicant has lived and in whose continuous direct care and control
				  the applicant has been for a period of not less than 2 years.
(e) In view of the fact that Commonwealth
				  domiciliaries attending approved institutions of higher learning located
				  outside the Commonwealth may exercise their right of franchise by absentee
				  ballot, a student who registers to vote in a state other than the Commonwealth
				  shall be deemed to have abandoned his domicile in this Commonwealth and shall
				  be ineligible for consideration for a State higher education grant or renewal
				  thereof or any further payments thereon unless and until such student registers
				  to vote in the Commonwealth.
(f)
				  Military status of persons and their dependents who reside in the civilian
				  community rather than on a military installation shall not alone be grounds for
				  determining an applicant ineligible.
(g) Persons and their dependents who leave
				  this Commonwealth on military or foreign assignments, such as missionaries,
				  United States military servicemen, and representatives of domestic companies or
				  government agencies, will be presumed to maintain their domicile in this
				  Commonwealth for purposes of satisfying the higher education grant domicile
				  requirement.
(h) If an applicant's
				  parents or guardian moves from this Commonwealth after the date of receipt by
				  the Agency of the applicant's application for a higher education grant or to
				  renew a higher education grant, but prior to the first day of classes of the
				  academic year for which aid is requested, the applicant's higher education
				  grant eligibility shall terminate as of the date the parents or guardian moved
				  from this Commonwealth. This restriction shall not apply if the applicant is 18
				  years of age or older on the date the applicant makes application for a higher
				  education grant or to renew a higher education grant, provided that the
				  applicant continues to maintain his domicile in this Commonwealth as determined
				  by the Agency through such tests as it deems proper.
(i) If a higher education grant recipient's
				  parents or guardian move from this Commonwealth during the academic year, the
				  recipient's eligibility for a higher education grant shall terminate at the end
				  of that academic year. This restriction shall not apply if the applicant is 18
				  years of age or older on the date the applition grant, provided that the
				  applicant continues to maintain his domicile in this Commonwealth as determined
				  by the Agency through such tests as it deems proper.
(j) A student receiving, on the ground of
				  residency, the benefit of in-State fees at an institution of higher education
				  located in another state shall for Agency higher education grant purposes be
				  considered a domiciliary of that state.
(k) A student receiving a state scholarship
				  or grant from another state shall, for higher education grant purposes, be
				  considered a domiciliary of that state.
(l) The Agency will make the final decision
				  in all matters pertaining to domicile.
This section cited in 22 Pa. Code §
												121.151 (relating to application
						of existing Agency regulations).