View all text of Part F [§ 1087kk - § 1087vv]
§ 1087qq. Student aid index for independent students with dependents other than a spouse
(a) Computation of student aid index
(1) In generalFor each independent student with dependents other than a spouse, the student aid index is equal to the amount determined by—
(A) computing adjusted available income by adding—
(i) the family’s available income (determined in accordance with subsection (b)); and
(ii) the family’s available assets (determined in accordance with subsection (c));
(B) assessing such adjusted available income in accordance with an assessment schedule set forth in subsection (d); and
(C) considering such assessment resulting under subparagraph (B) as the amount determined under this subsection.
(2) Exception
(b) Family’s available income
(1) In generalThe family’s available income is determined by deducting from total income (as defined in section 1087vv of this title)—
(A) Federal income taxes;
(B) an allowance for payroll taxes, determined in accordance with paragraph (2);
(C) an income protection allowance, determined in accordance with paragraph (3); and
(D) an employment expense allowance, determined in accordance with paragraph (4).
(2) Allowance for payroll taxesThe 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) Income protection allowanceThe income protection allowance shall equal the amount determined in the following table, as adjusted by the Secretary pursuant to section 1078rr(b) of this title:
(A) In the case of a married independent student with dependents:
Income Protection Allowance (to be adjusted for 2023–2024 and succeeding years) | |
|---|---|
Family Size (including student) | Amount |
3 | $46,140 |
4 | $56,970 |
5 | $67,230 |
6 | $78,620 |
For each additional add | $8,880. |
(B) In the case of a single independent student with dependents:
Income Protection Allowance (to be adjusted for 2023–2024 and succeeding years) | |
|---|---|
Family Size (including student) | Amount |
2 | $43,920 |
3 | $54,690 |
4 | $67,520 |
5 | $79,680 |
6 | $93,180 |
For each additional add | $10,530. |
(4) Employment expense allowance
(c) Family’s available assets
(1) In general
(A) DeterminationExcept as provided in subparagraph (B), the family’s available assets are equal to—
(i) the difference between the family’s assets (as defined in 1087vv(f) of this title) and the asset protection allowance (determined in accordance with paragraph (2)); multiplied by
(ii) 7 percent.
(B) Not less than zero
(2) Asset protection allowance
(d) Assessment schedule
(e) Computations in case of separation, divorce, or death
(Pub. L. 89–329, title IV, § 477, as added Pub. L. 99–498, title IV, § 406(a), Oct. 17, 1986, 100 Stat. 1465; amended Pub. L. 100–50, § 14(1)–(6), (8), (18), (19), June 3, 1987, 101 Stat. 349–351; Pub. L. 102–325, title IV, § 471(a), July 23, 1992, 106 Stat. 597; Pub. L. 103–208, § 2(g)(2), (7), Dec. 20, 1993, 107 Stat. 2472; Pub. L. 105–78, title VI, § 609(i), Nov. 13, 1997, 111 Stat. 1524; Pub. L. 105–244, title IV, § 475, Oct. 7, 1998, 112 Stat. 1730; Pub. L. 109–171, title VIII, § 8017(c)(1), Feb. 8, 2006, 120 Stat. 173; Pub. L. 110–84, title VI, § 601(c), Sept. 27, 2007, 121 Stat. 802; Pub. L. 111–39, title IV, § 406(a)(3), July 1, 2009, 123 Stat. 1948; Pub. L. 116–260, div. FF, title VII, § 702(f), Dec. 27, 2020, 134 Stat. 3147.)