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<br />6-I.L. STUDENT FINANCIAL ASSISTANCE \[24 CFR 5.609(b) (9) and FR 12/14/12 <br />In 2005, Congress passed a law (for section 8 programs only) requiring that certain student <br />financial assistance be included in annual income. Prior to that, the full amount of student <br />financial assistance was excluded. For some students, the full exclusion still applies. <br />Student Financial Assistance Included in Annual Income \[24 CFR 5.609(b)(9) and FR <br />4/10/06\] <br />The regulation requiring the inclusion of certain student financial assistance applies only to <br />students who satisfy all of the following conditions: <br /> <br />They are enrolled in an institution of higher education, as defined under the Higher <br />Education Act (HEA) of 1965. <br /> <br />They are seeking or receiving Section 8 assistance on their own-that is, apart from their <br />parents-through the HCV program, the project-based certificate program, the project-based <br />voucher program, or the moderate rehabilitation program. <br /> or <br />They are under 24 years of age they have no dependent children. <br />For students who satisfy these three conditions, any financial assistance in excess of tuition and <br />any other required fees and charges received: (1) under the 1965 HEA, (2) from a private source, <br />or (3) from an institution of higher education, as defined under the 1965 HEA, must be included <br />in annual income. <br />To determine annual income in accordance with the above requirements, the PHA will use the <br />definitions of dependent child, institution of higher education, and parents in Section 3-II.E, <br />along with the following definitions \[FR 4/10/06, pp. 18148-18150\]: <br /> <br />Assistance under the Higher Education Act of 1965 includes Pell Grants, Federal Supplement <br />Education Opportunity Grants, Academic Achievement Incentive Scholarships, State <br />Assistance under the Leveraging Educational Assistance Partnership Program, the Robert G. <br />Byrd Honors Scholarship Program, and Federal Work Study programs. <br /> <br />Assistance from private sources means assistance from nongovernmental sources, including <br />parents, guardians, and other persons not residing with the student in an HCV assisted unit. <br /> <br />Tuition will have the meaning given this term by the institution of higher education in which <br />the student is enrolled and will include any other fees and charges required by the institution <br />for enrollment \[FR 12/14/12, p. 74497\]. <br /> <br /> <br />Student Financial Assistance Excluded from Annual Income \[24 CFR 5.609(c)(6)\] <br />Any student financial assistance not subject to inclusion under 24 CFR 5.609(b)(9) is fully <br />excluded from annual income under 24 CFR 5.609 (c)(6), whether it is paid directly to the <br />student or to the educational institution the student is attending. This includes any financial <br />assistance received by: <br /> <br />Students residing with parents who are seeking or receiving Section 8 assistance <br /> not <br />Students who are enrolled in an educational institution that does meet the 1965 HEA <br />definition of institution of higher education <br />Page 6-22 <br />04/01/14 <br /> <br />