Page:United States Statutes at Large Volume 100 Part 2.djvu/221

 PUBLIC LAW 99-498—OCT. 17, 1986

100 STAT. 1323

published by the Department of Labor, and rounded to the nearest $100. "(B) The Secretary shall publish in the Federal Register a revised table for an offset for family size in accordance with section 482. "(2)(A) The Secretary shall, for each academic year after academic year 1988-1989, publish in the Federal Register such revisions in offsets against income, asset determination, and assessment rates as are necessary to reflect the most recent and relevant data. "(B) The Secretary shall publish in the Federal Register the revised determinations required by subparagraph (A) in accordance with section 482.

Federal Register, publication. Federal Register, publication.

"DEFINITIONS; DETERMINATIONS

"SEC. 41 IF. For the purpose of this subpart— "(1) The term 'annual adjusted family income' means the sum received in the year immediately preceding the award year, by the student's parents (in the case of a dependent student), or by the student and, if applicable, the student's spouse (in the case of an independent student), except excludable income under paragraph (9) of this subsection, from the following sources subject to the following rules: "(A) Adjusted gross income, as defined in section 62 of the Internal Revenue Code of 1954. "(B) Untaxed income and benefits, as defined in paragraph (13) of this section. "(C) Income from one-half of any veteran's benefits expected to be paid to the student during the award period under chapters 34 and 35 of title 38 of the United States Code. "(D) Income for a student whose parents are divorced or separated is determined under the following procedures: "(i) Include only the income of the parent with whom the student resided for the greater portion of the 12month period preceding the date of the application, "(ii) If the preceding criterion does not apply, include only the income of the parent who provided the greater portion of the student's support for the 12-month period preceding the date of application. "(iii) If neither of the preceding criteria apply, include only the income of the parent who provided the greater support during the most recent calendar year for which parental support was provided. "(E) Income in the case of the death of any parent as follows: "(i) If either of the parents have died, the student shall include only the income of the surviving parent, "(ii) If both parents have died, the student shall not report any parental income. "(F) Income in the case of a parent whose income is taken into account under subparagraph (D) of this paragraph, or a parent who is a widow or widower and whose income is taken into account under clause (i) of this subparagraph, has remarried, under the following rule: The income of that parent's spouse shall be included in determining the student's annual adjusted family income if—

20 USC 1070a-6.

26 USC 62.

38 USC 1651 et. seq., 1700 et seq.

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