Page:United States Statutes at Large Volume 100 Part 2.djvu/224

 100 STAT. 1326 H!

5' i

PUBLIC LAW 99-498—OCT. 17, 1986

"(iii) if the parents are divorced and the parent whose income is so included is remarried, or if the parent was a widow or widower who has remarried, family members also include, in addition to those individuals referred to in subparagraph (B), the new spouse and any dependents of the new spouse if that spouse's income is included in determining effective family income. "(B) In determining family size in the case of an independent student with dependents— "(i) family members include the student, the student's spouse, and the student's dependents; and "(ii) if the student is divorced or separated, family members do not include the spouse (or ex-spouse), but do include the student and the student's dependents. "(11) The term 'farm assets' means any property owned and used in the operation of a farm for profit, including real estate, livestock, livestock products, crops, farm machinery, and other equipment inventories. A farm is not considered to be operated for profit if crops or livestock are raised mainly for the use of the family, even if some income is derived from incidental sales. "(12)(A) The term 'independent', when used with respect to a student, means any individual who— "(i) is 24 years of age or older by December 31 of the award year; or "(ii) meets the requirements of subparagraph (B). "(B) Except as provided in subparagraph (C), an individual meets the requirements of this subparagraph if such individual— "(i) is an orphan or ward of the court; "(ii) is a veteran of the Armed Forces of the United States; "(iii) is a gradulate or professional student who declares V that he or she will not be claimed as a dependent for income tax purposes by his or her parents (or guardian) for the first calendar year of the award year; "(iv) is a married individual who declares that he or she will not be claimed as a dependent for income tax purposes by his or her parents (or guardian) for the first calendar year of the award year; "(v) has legal dependents other than a spouse; "(vi) is a single undergraduate student with no depend* s ents who was not claimed as a dependent by his or her parents (or guardian) for income tax purposes for the 2 calendar years preceding the award year and demonstrates to the student financial aid administrator total self-sufficiency during the 2 calendar years preceding the award year in which the initial award will be granted by demonstrating an annual total income of $4,000; or "(vii) is a student for whom a financial aid administrator makes a documented determination of independence by reason of other unusual circumstances. "(C) An individual may not be treated as an independent student pursuant to clauses (iii), (iv), and (vi) of subparagraph (B) if the financial aid administrator determines that such individual was treated as an independent student during the preceding award year, but was claimed as a dependent by any

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