United States Code Title 20 — Education

§ 1087pp. Student aid index for independent students without dependents other than a spouse

§ 1087pp.

Student aid index for independent students without dependents other than a spouse

(a)

Computation of student aid index

(1)
In general

For each independent student without dependents other than a spouse, the student aid index is equal to (except as provided in paragraph (2)) the sum of—

(A)

the family’s available income (determined in accordance with subsection (b)); and

(B)

the family’s available assets (determined in accordance with subsection (c)).

(2)
Exception

If the sum determined under paragraph (1) with respect to an independent student without dependents other than a spouse is less than − $1,500, the student aid index for the independent student shall be − $1,500.

(b)

Family’s available income

(1)
In general

The family’s available income is determined by—

(A)

deducting from total income (as defined in section 1087vv of this title)—

(i)

Federal income taxes;

(ii)

an allowance for payroll taxes, determined in accordance with paragraph (2);

(iii)

an income protection allowance that is equal to—

(I)

in the case of a single independent student without dependents, $14,630, as adjusted pursuant to section 1078rr(b) of this title; and

(II)

in the case of a married independent student without dependents, $23,460, as adjusted pursuant to section 1078rr(b) of this title; and

(iv)

in the case of a married independent student, an employment expense allowance, as determined in accordance with paragraph (3); and

(B)

multiplying the amount determined under subparagraph (A) by 50 percent.

(2)
Allowance for payroll taxes

The allowance for payroll taxes is equal to the sum of—

(A)

the total amount earned by the student (and spouse, if appropriate), multiplied by the rate of tax under section 3101(b) of title 26; and

(B)

the amount earned by the student (and spouse, if appropriate) that does not exceed such contribution and benefit base (twice such contribution and benefit base, in the case of a joint return) for the year of the earnings, multiplied by the rate of tax applicable to such earnings under section 3101(a) of title 26.

(3)
Employment expense allowance

The employment expense allowance is equal to the following:

(A)

If the student is married, such allowance is equal to the lesser of $4,000 or 35 percent of the couple’s combined earned income (as adjusted by the Secretary pursuant to section 1087rr(g) of this title).

(B)

If the student is not married, the employment expense allowance is zero.

(c)

Family’s available assets

(1)
In general
(A)
Determination

Except as provided in subparagraph (B), the family’s available assets are equal to—

(i)

the difference between the family’s assets (as defined in section 1087vv(f) of this title) and the asset protection allowance (determined in accordance with paragraph (2)); multiplied by

(ii)

20 percent.

(B)
Not less than zero

The family’s available assets under this subsection shall not be less than zero.

(2)
Asset protection allowance

The asset protection allowance is calculated based on the following table (as revised by the Secretary pursuant to section 1087rr(d) of this title):

Asset Protection Allowances for Families and Students

If the age of the student is—

And the student is

married

single

then the allowance is—

25 or less

 $  0

   $0

26

 $400

 $100

27

 $700

 $300

28

 $1,100

 $400

29

 $1,500

 $600

30

 $1,800

 $700

31

 $2,200

 $800

32

 $2,600

 $1,000

33

 $2,900

 $1,100

34

 $3,300

 $1,300

35

 $3,700

 $1,400

36

 $4,000

 $1,500

37

 $4,400

 $1,700

38

 $4,800

 $1,800

39

 $5,100

 $2,000

40

 $5,500

 $2,100

41

 $5,600

 $2,200

42

 $5,700

 $2,200

43

 $5,900

 $2,300

44

 $6,000

 $2,300

45

 $6,200

 $2,400

46

 $6,300

 $2,400

47

 $6,500

 $2,500

48

 $6,600

 $2,500

49

 $6,800

 $2,600

50

 $7,000

 $2,700

51

 $7,100

 $2,700

52

 $7,300

 $2,800

53

 $7,500

 $2,900

54

 $7,700

 $2,900

55

 $7,900

 $3,000

56

 $8,100

 $3,100

57

 $8,400

 $3,100

58

 $8,600

 $3,200

59

 $8,800

 $3,300

60

 $9,100

 $3,400

61

 $9,300

 $3,500

62

 $9,600

 $3,600

63

 $9,900

 $3,700

64

$10,200

 $3,800

65 or more

$10,500

 $3,900.

(d)

Computations in case of separation, divorce, or death

In the case of a student who is divorced or separated, or whose spouse has died, the spouse’s income and assets shall not be considered in determining the family’s available income or assets.