Amendment of Section
Pub. L. 116–260, div. FF, title VII, §§ 701(b), 702(e), Dec. 27, 2020, 134 Stat. 3137, 3145; Pub. L. 117–103, div. R, § 102(a), Mar. 15, 2022, 136 Stat. 819, provided that, effective July 1, 2024, except as otherwise expressly provided, and applicable with respect to award year 2024–2025 and each subsequent award year, as determined under this chapter, this section is amended to read as follows:
§ 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 $4,000 or 35 percent of the couple’s combined earned income (as adjusted by the Secretary pursuant to section 1087rr(g) of this title).
(B) If the student is not married, the employment expense allowance is zero.
(c) Family’s available assets
(1) In general
(A) Determination
Except as provided in subparagraph (B), the family’s available assets are equal to—
(i) the difference between the family’s assets (as defined in section 1087vv(f) of this title) and the asset protection allowance (determined in accordance with paragraph (2)); multiplied by
(ii) 20 percent.
(B) Not less than zero
The family’s available assets under this subsection shall not be less than zero.
(2) Asset protection allowance
The asset protection allowance is calculated based on the following table (as revised by the Secretary pursuant to section 1087rr(d) of this title):
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Asset Protection Allowances for Families and Students
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then the allowance is—
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25 or less
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$ 0
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$0
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26
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$400
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$100
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27
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$700
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$300
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28
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$1,100
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$400
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29
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$1,500
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$600
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30
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$1,800
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$700
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31
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$2,200
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$800
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32
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$2,600
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$1,000
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33
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$2,900
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$1,100
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34
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$3,300
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$1,300
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35
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$3,700
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$1,400
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36
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$4,000
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$1,500
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37
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$4,400
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$1,700
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38
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$4,800
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$1,800
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39
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$5,100
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$2,000
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40
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$5,500
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$2,100
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41
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$5,600
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$2,200
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42
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$5,700
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$2,200
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43
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$5,900
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$2,300
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44
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$6,000
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$2,300
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45
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$6,200
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$2,400
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46
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$6,300
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$2,400
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47
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$6,500
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$2,500
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48
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$6,600
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$2,500
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49
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$6,800
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$2,600
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50
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$7,000
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$2,700
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51
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$7,100
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$2,700
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52
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$7,300
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$2,800
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53
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$7,500
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$2,900
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54
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$7,700
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$2,900
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55
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$7,900
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$3,000
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56
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$8,100
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$3,100
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57
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$8,400
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$3,100
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58
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$8,600
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$3,200
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59
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$8,800
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$3,300
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60
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$9,100
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$3,400
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61
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$9,300
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$3,500
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62
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$9,600
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$3,600
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63
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$9,900
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$3,700
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64
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$10,200
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$3,800
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65 or more
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$10,500
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$3,900.
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(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.
See 2020 Amendment note below.
Editorial Notes
Amendments
2020—Pub. L. 116–260 amended section generally. Prior to amendment, section related to family contribution for independent students without dependents other than a spouse.
2007—Subsec. (b)(1)(A)(iv). Pub. L. 110–84 amended cl. (iv) generally. Prior to amendment, cl. (iv) read as follows: “an income protection allowance of the following amount (or a successor amount prescribed by the Secretary under section 1087rr of this title)—
“(I) $6,050 for single students;
“(II) $6,050 for married students where both are enrolled pursuant to subsection (a)(2) of this section; and
“(III) $9,700 for married students where one is enrolled pursuant to subsection (a)(2) of this section;”.
2006—Subsec. (b)(1)(A)(iv). Pub. L. 109–171, § 8017(b)(1)(A), substituted “$6,050” for “$5,000” in subcls. (I) and (II) and “$9,700” for “$8,000” in subcl. (III).
Subsec. (c)(4). Pub. L. 109–171, § 8017(b)(1)(B), substituted “20” for “35”.
1998—Subsec. (a)(3). Pub. L. 105–244, § 474(a), added par. (3).
Subsec. (b)(1)(A)(iv). Pub. L. 105–244, § 474(b)(1), in introductory provisions, substituted “allowance of the following amount (or a successor amount prescribed by the Secretary under section 1087rr of this title)—” for “allowance of—”.
Subsec. (b)(1)(A)(iv)(I), (II). Pub. L. 105–244, § 474(b)(2), substituted “$5,000” for “$3,000”.
Subsec. (b)(1)(A)(iv)(III). Pub. L. 105–244, § 474(b)(3), substituted “$8,000” for “$6,000”.
1997—Subsec. (b)(1)(A)(vi). Pub. L. 105–78 added cl. (vi).
1993—Subsec. (d). Pub. L. 103–208 added subsec. (d).
1992—Pub. L. 102–325 amended section generally, substituting provisions relating to family contribution for independent students without dependents other than a spouse for provisions relating to family contribution for independent students without dependents (including a spouse).
1987—Subsec. (b)(1)(A), (B). Pub. L. 100–50, § 14(13)(B), (C), substituted subpar. (A) and introductory provisions of subpar. (B) for introductory provisions of former subpar. (A) which read as follows: “computing the student’s available taxable income by deducting from the student’s adjusted gross income—”. Former subpar. (B) redesignated (C).
Subsec. (b)(1)(C). Pub. L. 100–50, § 14(13)(B), redesignated subpar. (B) as (C). Former subpar. (C) redesignated (D).
Subsec. (b)(1)(D). Pub. L. 100–50, § 14(15), which directed that subsec. (b)(1)(C) be amended by inserting “plus the amount of veterans’ benefits paid during the award period under chapters 32, 34, and 35 of title 28”, was executed to subpar. (D) to reflect the probable intent of Congress and the intervening redesignation of subpar. (C) as (D) by section 14(13)(B) of Pub. L. 100–50.
Pub. L. 100–50, § 14(13)(A), (B), redesignated subpar. (C) as (D) and substituted “subparagraph (C)” for “subparagraph (B)”.
Subsec. (b)(2). Pub. L. 100–50, § 14(1), (14), substituted “total income” for “total taxable income” and “section 1087rr of this title” for “section 1087ss of this title”.
Subsec. (b)(4)(A). Pub. L. 100–50, § 14(16)(A), substituted “$8,600” for “$8,900”.
Subsec. (b)(4)(B). Pub. L. 100–50, § 14(16), substituted “$8,600” for “$8,900” in two places and “$6,020” for “$6,230”.
Subsec. (c)(1). Pub. L. 100–50, § 14(17), substituted a semicolon for a period at end of subpar. (C) and inserted, after subpar. (C), provision that the student’s income supplemental amount from assets not be less than zero.
Subsec. (c)(2)(B). Pub. L. 100–50, § 14(3), substituted “displaced homemaker” for “dislocated homemaker”.
Subsec. (c)(2)(C). Pub. L. 100–50, § 14(4), added table and struck out former table which read as follows:
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“Adjusted Net Worth of a Business or Farm
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Less than $1
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$0
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$1–$65,000
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40 percent of NW
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$65,001–$195,000
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$26,000 plus 50 percent of NW over $65,000
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$195,001–$325,000
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$91,000 plus 60 percent of NW over $195,000
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$325,001 or more
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$169,000 plus 100 percent of NW over $325,000”.
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Pub. L. 100–50, § 14(1), substituted “section 1087rr of this title” for “section 1087ss of this title”.
Statutory Notes and Related Subsidiaries
Effective Date of 2006 Amendment
Amendment by Pub. L. 109–171 effective July 1, 2006, except as otherwise provided, see section 8001(c) of Pub. L. 109–171, set out as a note under section 1002 of this title.
Pub. L. 109–171, title VIII, § 8017(b)(2), Feb. 8, 2006, 120 Stat. 173, provided that:
“The amendments made by paragraph (1) [amending this section] shall apply with respect to determinations of need for periods of enrollment beginning on or after July 1, 2007.”
