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20 U.S.C. § 1087oo — Student aid index for dependent stu-
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Page 607
TITLE 20—EDUCATION
§ 1087oo
purpose of this subchapter, except subpart 2 of part A,’’,
and added subsec. (b).
1998—Pub. L. 105–244 substituted ‘‘subpart 2’’ for ‘‘sub-
part 4’’.
1992—Pub. L. 102–325 amended section generally. Prior
to amendment, section read as follows: ‘‘For the pur-
pose of this subchapter, except subparts 1 and 3 of part
A, the term ‘family contribution’ with respect to any
student means the amount which the student and his or
her family may be reasonably expected to contribute
toward his or her postsecondary education for the aca-
demic year for which the determination is made, as de-
termined in accordance with this part.’’
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2020 AMENDMENT
Amendment by Pub. L. 116–260 effective July 1, 2024,
except as otherwise expressly provided, and applicable
with respect to award year 2024–2025 and each subse-
quent award year, as determined under this chapter,
see section 701(b) of Pub. L. 116–260, set out as a note
under section 1001 of this title. Implementation of
amendment by Pub. L. 116–260 allowed on or after July
1, 2023, see section 102(c)(1)(A)(i) of Pub. L. 117–103, set
out as an On-Time Effective Date Permitted note under
section 1070a of this title.
EFFECTIVE DATE OF 2009 AMENDMENT
Pub. L. 111–39, title IV, § 406(b), July 1, 2009, 123 Stat.
1950, provided that: ‘‘The amendments made by—
‘‘(1) paragraph (1) of subsection (a) [amending this
section] shall take effect on July 1, 2009; and
‘‘(2) paragraph (4) of such subsection [amending sec-
tion 1087ss of this title] shall be effective as if en-
acted as part of the amendments in section 602(a) of
the College Cost Reduction and Access Act (Public
Law 110–84), and shall take effect on July 1, 2009.’’
EFFECTIVE
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Page 607
TITLE 20—EDUCATION
§ 1087oo
purpose of this subchapter, except subpart 2 of part A,’’,
and added subsec. (b).
1998—Pub. L. 105–244 substituted ‘‘subpart 2’’ for ‘‘sub-
part 4’’.
1992—Pub. L. 102–325 amended section generally. Prior
to amendment, section read as follows: ‘‘For the pur-
pose of this subchapter, except subparts 1 and 3 of part
A, the term ‘family contribution’ with respect to any
student means the amount which the student and his or
her family may be reasonably expected to contribute
toward his or her postsecondary education for the aca-
demic year for which the determination is made, as de-
termined in accordance with this part.’’
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2020 AMENDMENT
Amendment by Pub. L. 116–260 effective July 1, 2024,
except as otherwise expressly provided, and applicable
with respect to award year 2024–2025 and each subse-
quent award year, as determined under this chapter,
see section 701(b) of Pub. L. 116–260, set out as a note
under section 1001 of this title. Implementation of
amendment by Pub. L. 116–260 allowed on or after July
1, 2023, see section 102(c)(1)(A)(i) of Pub. L. 117–103, set
out as an On-Time Effective Date Permitted note under
section 1070a of this title.
EFFECTIVE DATE OF 2009 AMENDMENT
Pub. L. 111–39, title IV, § 406(b), July 1, 2009, 123 Stat.
1950, provided that: ‘‘The amendments made by—
‘‘(1) paragraph (1) of subsection (a) [amending this
section] shall take effect on July 1, 2009; and
‘‘(2) paragraph (4) of such subsection [amending sec-
tion 1087ss of this title] shall be effective as if en-
acted as part of the amendments in section 602(a) of
the College Cost Reduction and Access Act (Public
Law 110–84), and shall take effect on July 1, 2009.’’
EFFECTIVE DATE OF 1998 AMENDMENT
Amendment by Pub. L. 105–244 effective Oct. 7, 1998,
see section 480A of Pub. L. 105–244, set out as a note
under section 1087kk of this title.
EFFECTIVE DATE OF 1992 AMENDMENT
Amendment by Pub. L. 102–325 applicable with re-
spect to determinations of need under this part for
award years beginning on or after July 1, 1993, see sec-
tion 471(b) of Pub. L. 102–325, set out as a note under
section 1087kk of this title.
§ 1087nn. Determination of student aid index
The student aid index—
(1) for a dependent student shall be deter-
mined in accordance with section 1087oo of
this title;
(2) for a single independent student or a
married independent student without depend-
ents (other than a spouse) shall be determined
in accordance with section 1087pp of this title;
and
(3) for an independent student with depend-
ents other than a spouse shall be determined
in accordance with section 1087qq of this title.
(Pub. L. 89–329, title IV, § 474, as added Pub. L.
99–498, title IV, § 406(a), Oct. 17, 1986, 100 Stat.
1456; amended Pub. L. 100–369, § 7(c), July 18, 1988,
102 Stat. 837; Pub. L. 102–325, title IV, § 471(a),
July 23, 1992, 106 Stat. 587; Pub. L. 105–244, title
IV, § 472, Oct. 7, 1998, 112 Stat. 1729; Pub. L.
116–260, div. FF, title VII, § 702(c), Dec. 27, 2020,
134 Stat. 3141.)
Editorial Notes
AMENDMENTS
2020—Pub. L. 116–260 amended section generally. Prior
to amendment, section related to determination of ex-
pected family contribution and the data elements to be
considered.
1998—Subsec.
(b)(3).
Pub.
L.
105–244
inserted
‘‘, excluding the student’s parents,’’ after ‘‘family of
the student’’.
1992—Pub. L. 102–325 substituted ‘‘Determination of
expected family contribution; data elements’’ for
‘‘Data elements used in determining expected family
contribution’’ in section catchline and amended text
generally, adding subsec. (a), designating existing pro-
visions as subsec. (b) and inserting heading, adding the
age of the older parent, in the case of a dependent stu-
dent, and the student as a data element and striking
out consideration of any unusual medical and dental
expenses and consideration of the number of dependent
children other than the student enrolled in a private el-
ementary or secondary institution and the unreim-
bursed tuition paid as data elements.
1988—Par. (8). Pub. L. 100–369 substituted ‘‘Internal
Revenue Code of 1986’’ for ‘‘Internal Revenue Code of
1954’’, which for purposes of codification was translated
as ‘‘title 26’’ thus requiring no change in text.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2020 AMENDMENT
Amendment by Pub. L. 116–260 effective July 1, 2024,
except as otherwise expressly provided, and applicable
with respect to award year 2024–2025 and each subse-
quent award year, as determined under this chapter,
see section 701(b) of Pub. L. 116–260, set out as a note
under section 1001 of this title.
EFFECTIVE DATE OF 1998 AMENDMENT
Amendment by Pub. L. 105–244, effective Oct. 7, 1998,
and applicable with respect to determinations of need
under this part for academic years beginning on or
after July 1, 2000, see section 480A of Pub. L. 105–244, set
out as a note under section 1087kk of this title.
EFFECTIVE DATE OF 1992 AMENDMENT
Amendment by Pub. L. 102–325 applicable with re-
spect to determinations of need under this part for
award years beginning on or after July 1, 1993, see sec-
tion 471(b) of Pub. L. 102–325, set out as a note under
section 1087kk of this title.
§ 1087oo. Student aid index for dependent stu-
dents
(a) Computation of student aid index
(1) In general
Except as provided in paragraph (2), for each
dependent student, the student aid index is
equal to the sum of—
(A) the assessment of the parents’ adjusted
available income (determined in accordance
with subsection (b));
(B) the assessment of the student’s avail-
able income (determined in accordance with
subsection (g)); and
(C) the student’s available assets (deter-
mined in accordance with subsection (h)).
(2) Exception
If the sum determined under paragraph (1)
with respect to a dependent student is less
than ¥ $1,500, the student aid index for the de-
pendent student shall be ¥ $1,500.
(b) Assessment of parents’ adjusted available in-
come
The assessment of parents’ adjusted available
income is equal to the amount determined by—
(1) computing adjusted available income by
adding—
Page 608
TITLE 20—EDUCATION
§ 1087oo
(A) the parents’ available income (deter-
mined in accordance with subsection (c));
and
(B) the parents’ available assets (deter-
mined in accordance with subsection (d));
(2) assessing such adjusted available income
in accordance with the assessment schedule
set forth in subsection (e); and
(3) considering such assessment resulting
under paragraph (2) as the amount determined
under this subsection.
(c) Parents’ available income
(1) In general
The parents’ available income is determined
by subtracting from total income (as defined
in section 1087vv of this title)—
(A) Federal income taxes;
(B) an allowance for payroll taxes, deter-
mined in accordance with paragraph (2);
(C) an income protection allowance, deter-
mined in accordance with paragraph (3); and
(D) an employment expense allowance, de-
termined in accordance with paragraph (4).
(2) Allowance for payroll taxes
The allowance for payroll taxes is equal to
the sum of—
(A) the total amount earned by the par-
ents, multiplied by the rate of tax under sec-
tion 3101(b) of title 26; and
(B) the amount earned by the parents that
does not exceed such contribution and ben-
efit base (twice such contribution and ben-
efit 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 allowance
The income protection allowance shall equal
the amount determined in the following table,
as adjusted by the Secretary pursuant to sec-
tion 1087rr(b) of this title:
Income Protection Allowance (to be adjusted for
2023–2024 and succeeding years)
Family Size (including
student)
Amount
2 ......................................
$23,330
3 ......................................
$29,040
4 ......................................
$35,870
5 ......................................
$42,320
6 ......................................
$49,500
For each additional add ..
$5,590.
(4) Employment expense allowance
The employment expense allowance is equal
to the lesser of $4,000 or 35 percent of the sin-
gle parent’s earned income or married parents’
combined earned income (as adjusted by the
Secretary pursuant to section 1087rr(g) of this
title).
(d) Parents’ available assets
(1) In general
(A) Determination
Except as provided in subparagraph (B),
the parents’ available assets are equal to—
(i) the difference between the parents’
assets and the asset protection allowance
(determined in accordance with paragraph
(2)); multiplied by
(ii) 12 percent.
(B) Not less than zero
The parents’ 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 10877rr(d) of this
title):
Asset Protection Allowances for Parents of Dependent
Students
If the age of the oldest parent
is—
And there are
two parents
one parent
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.
(e) Assessment schedule
The assessment of the parents’ adjusted avail-
able income (as determined under subsection
(b)(1) and hereafter in this subsection referred to
as ‘‘AAI’’) is calculated based on the following
table (as revised by the Secretary pursuant to
section 1087rr(e) of this title):
Parents’ Contribution From AAI
If the parents’ AAI is—
Then the parents’ contribution from
AAI is—
Less than ¥ $6,820 ....
¥ $1,500
¥ $6,820 to $17,400 .....
22% of AAI
Page 609
TITLE 20—EDUCATION
§ 1087oo
Parents’ Contribution From AAI—Continued
If the parents’ AAI is—
Then the parents’ contribution from
AAI is—
$17,401 to $21,800 ......
$3,828 + 25% of AAI over $17,400
$21,801 to $26,200 ......
$4,928 + 29% of AAI over $21,800
$26,201 to $30,700 ......
$6,204 + 34% of AAI over $26,200
$30,701 to $35,100 ......
$7,734 + 40% of AAI over $30,700
$35,101 or more ........
$9,494 + 47% of AAI over $35,100.
(f) Consideration of parental income
(1) Parents who live together
Parental income and assets in the case of
student whose parents are married and not
separated, or who are unmarried but live to-
gether, shall include the income and assets of
both parents.
(2) Divorced or separated parents
Parental income and assets for a student
whose parents are divorced or separated, but
not remarried, is determined by including only
the income and assets of the parent who pro-
vides the greater portion of the student’s fi-
nancial support.
(3) Death of a parent
Parental income and assets in the case of
the death of any parent is determined as fol-
lows:
(A) If either of the parents has died, the
surviving parent shall be considered a single
parent, until that parent has remarried.
(B) If both parents have died, the student
shall not report any parental income or as-
sets.
(4) Remarried parents
If a parent whose income and assets are
taken into account under paragraph (2), or if a
parent who is a widow or widower and whose
income is taken into account under paragraph
(3), has remarried, the income of that parent’s
spouse shall be included in determining the
parent’s assessment of adjusted available in-
come if the student’s parent and the step-
parent are married as of the date of applica-
tion for the award year concerned.
(5) Single parent who is not divorced or sepa-
rated
Parental income and assets in the case of a
student whose parent is not described in para-
graph (1) and is a single parent who is not di-
vorced, separated, or remarried, shall include
the income and assets of such single parent.
(g) Student’s available income
(1) In general
The student’s available income is equal to—
(A) the difference between the student’s
total income (determined in accordance with
section 480) and the adjustment to student
income (determined in accordance with
paragraph (2)); multiplied by
(B) 50 percent,
except that the amount determined under this
paragraph shall not be less than ¥ $1,500 for
award year 2024–2025 and not less than zero for
award year 2025–2026 and each award year
thereafter.
(2) Adjustment to student income
The adjustment to student income is equal
to the sum of—
(A) Federal income taxes;
(B) an allowance for payroll taxes deter-
mined in accordance with paragraph (3);
(C) an income protection allowance that is
equal to $9,410, as adjusted pursuant to sec-
tion 1087rr(b) of this title; and
(D) an allowance for parents’ negative
available income, determined in accordance
with paragraph (4).
(3) Allowance for payroll taxes
The allowance for payroll taxes is equal to
the sum of—
(A) the total amount earned by the stu-
dent, multiplied by the rate of tax under sec-
tion 3101(b) of title 26; and
(B) the amount earned by the student that
does not exceed such contribution and ben-
efit base for the year of the earnings, multi-
plied by the rate of tax applicable to such
earnings under section 3101(a) of title 26.
(4) Allowance for parents’ negative available
income
The allowance for parents’ negative avail-
able income is the amount, if any, by which
the sum of the amounts deducted under sub-
section (c)(1) exceeds the sum of the parents’
total income (as defined in section 1087vv of
this title) and the parents’ available assets (as
determined in accordance with subsection (d)).
(h) Student’s assets
The student’s assets are determined by calcu-
lating the assets of the student and multiplying
such amount by 20 percent, except that the re-
sult shall not be less than zero.
(Pub. L. 89–329, title IV, § 475, as added Pub. L.
99–498, title IV, § 406(a), Oct. 17, 1986, 100 Stat.
1456; amended Pub. L. 100–50, § 14(1)–(12), June 3,
1987, 101 Stat. 349, 350; Pub. L. 102–325, title IV,
§ 471(a), July 23, 1992, 106 Stat. 587; Pub. L.
103–208, § 2(g)(2)–(5), Dec. 20, 1993, 107 Stat. 2472;
Pub. L. 105–78, title VI, § 609(g), Nov. 13, 1997, 111
Stat. 1523; Pub. L. 105–244, title IV, § 473, Oct. 7,
1998, 112 Stat. 1729; Pub. L. 109–171, title VIII,
§ 8017(a)(1), Feb. 8, 2006, 120 Stat. 173; Pub. L.
110–84, title VI, § 601(a), Sept. 27, 2007, 121 Stat.
801; Pub. L. 111–39, title IV, § 406(a)(2), July 1,
2009, 123 Stat. 1948; Pub. L. 116–260, div. FF, title
VII, § 702(d), Dec. 27, 2020, 134 Stat. 3141; Pub. L.
118–40, div. B, § 101(a), Mar. 1, 2024, 138 Stat. 18.)
Editorial Notes
AMENDMENTS
2024—Subsec. (g)(1). Pub. L. 118–40 amended par. (1)
generally. Prior to amendment, text read as follows:
‘‘The student’s available income is equal to—
‘‘(A) the difference between the student’s total in-
come (determined in accordance with section 1087vv
of this title) and the adjustment to student income
(determined in accordance with paragraph (2)); multi-
plied by
‘‘(B) 50 percent.’’
2020—Pub. L. 116–260 amended section generally. Prior
to amendment, section related to family contribution
for dependent students.
2009—Subsec. (c)(5)(B). Pub. L. 111–39 made technical
amendment to reference in original act which appears
in text as reference to section 2 of title 26.
2007—Subsec. (g)(2)(D). Pub. L. 110–84 amended sub-
par. (D) generally. Prior to amendment, subpar. (D)
Page 610
TITLE 20—EDUCATION
§ 1087oo
read as follows: ‘‘an income protection allowance of
$3,000 (or a successor amount prescribed by the Sec-
retary under section 1087rr of this title);’’.
2006—Subsec. (g)(2)(D). Pub. L. 109–171, § 8017(a)(1)(A),
substituted ‘‘$3,000’’ for ‘‘$2,200’’.
Subsec. (h). Pub. L. 109–171, § 8017(a)(1)(B), substituted
‘‘20’’ for ‘‘35’’.
1998—Subsec. (b)(3). Pub. L. 105–244, § 473(a), which di-
rected insertion of ‘‘, excluding the student’s parents,’’
after ‘‘number of family members’’, was executed by
making the insertion after ‘‘number of the family
members’’ to reflect the probable intent of Congress.
Subsec. (g)(2)(D). Pub. L. 105–244, § 473(b)(1)(A), sub-
stituted ‘‘$2,200 (or a successor amount prescribed by
the Secretary under section 1087rr of this title);’’ for
‘‘$1,750; and’’.
Subsec. (g)(2)(F). Pub. L. 105–244, § 473(b)(1)(B), (C),
added subpar. (F).
Subsec. (g)(6). Pub. L. 105–244, § 473(b)(2), added par.
(6).
Subsec. (j). Pub. L. 105–244, § 473(c), added subsec. (j).
1997—Subsec. (c)(1)(F). Pub. L. 105–78, § 609(g)(1), added
subpar. (F).
Subsec. (g)(2)(E). Pub. L. 105–78, § 609(g)(2), added sub-
par. (E).
1993—Subsec. (c)(4). Pub. L. 103–208, § 2(g)(2), sub-
stituted ‘‘$9,510’’ for ‘‘9,510’’ in table.
Subsec. (f)(3). Pub. L. 103–208, § 2(g)(3), in introductory
provisions, substituted ‘‘If a parent’’ for ‘‘Income in the
case of a parent’’, ‘‘(1) of this subsection, or if a parent’’
for ‘‘(1) of this subsection, or a parent’’, and ‘‘the in-
come’’ for ‘‘is determined as follows: The income’’.
Subsec. (g)(1)(B). Pub. L. 103–208, § 2(g)(4), inserted
closing parenthesis after ‘‘paragraph (2)’’.
Subsec. (g)(3). Pub. L. 103–208, § 2(g)(5), in table added
last item relating to Other.
1992—Pub. L. 102–325 amended section generally, mak-
ing minor changes in subsecs. (a) to (c) and (e) to (g),
in subsec. (d) substituting provisions relating to par-
ents’ contribution from assets for provisions relating to
parents’ income supplemental amount from assets, in
subsec. (h) substituting provisions relating to student
contribution from assets for provisions relating to stu-
dent and spouse income supplemental amount from as-
sets, and in subsec. (i) substituting provisions relating
to adjustments to parents’ contribution for enrollment
periods other than 9 months for purposes other than
subpart 2 of part A of this subchapter for provisions re-
lating to adjustments for enrollment periods other
than 9 months.
1987—Subsec. (c)(2), (4). Pub. L. 100–50, § 14(1), sub-
stituted ‘‘section 1087rr of this title’’ for ‘‘section 1087ss
of this title’’.
Subsec. (c)(7). Pub. L. 100–50, § 14(2), struck out ‘‘Na-
tional’’ before ‘‘Center’’.
Subsec. (d)(2)(B). Pub. L. 100–50, § 14(3), substituted
‘‘displaced homemaker’’ for ‘‘dislocated homemaker’’.
Subsec. (d)(2)(C). Pub. L. 100–50, § 14(1), substituted
‘‘section 1087rr of this title’’ for ‘‘section 1087ss of this
title’’.
Pub. L. 100–50, § 14(4), added table after subpar. (C)
and struck out former table which read as follows:
‘‘Adjusted Net Worth of a Business or Farm
If the net worth of a business
or farm is—
Then the adjusted net worth is:
Less than $1 .............................
$0
$1–$65,000 ..................................
40 percent of NW
$65,001–$195,000 ..........................
$26,000 plus 50 percent of NW
over $65,000
$195,001–$325,000 ........................
$91,000 plus 60 percent of NW
over $195,000
$325,001 or more ........................
$169,000 plus 100 percent of NW
over $325,000’’.
Subsec. (d)(4)(B). Pub. L. 100–50, § 14(5), substituted
‘‘$15,999’’ for ‘‘$15,000’’.
Subsec. (d)(4)(C). Pub. L. 100–50, § 14(6), substituted
‘‘$16,000’’ for ‘‘$15,000’’ in three places.
Subsec. (d)(4)(D). Pub. L. 100–50, § 14(7), substituted
‘‘income is less than zero’’ for ‘‘income is equal to or
less than zero’’.
Subsec. (e). Pub. L. 100–50, § 14(8), inserted a minus
sign before ‘‘$3,409’’ in two places in table.
Subsec. (g)(1)(C). Pub. L. 100–50, § 14(9), substituted
‘‘paragraph (2)’’ for ‘‘paragraph (3)’’.
Subsec. (g)(3). Pub. L. 100–50, § 14(10), inserted ‘‘(or a
successor table prescribed by the Secretary under sec-
tion 1087rr of this title)’’ after ‘‘following table’’.
Subsec. (h). Pub. L. 100–50, § 14(11), added subsec. (h)
and struck out former subsec. (h) which read as follows:
‘‘The
student
(and
spouse)
supplemental
income
amount from assets is determined by multiplying by 35
percent the sum of—
‘‘(1) the current balance of checking and savings ac-
counts and cash on hand; and
‘‘(2) the net value of investments and real estate,
including the net value in the principal place of resi-
dence except in the case of a dislocated worker (cer-
tified in accordance with title III of the Job Training
Partnership Act) or a dislocated homemaker (as de-
fined in section 1087vv(e) of this title).’’
Subsec. (i). Pub. L. 100–50, § 14(12), added subsec. (i).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2024 AMENDMENT
Amendment by Pub. L. 118–40 effective and applicable
as if included in title VII of div. FF of Pub. L. 116–260,
see section 101(d) of div. B of Pub. L. 118–40, set out as
a note under section 1070a of this title.
EFFECTIVE DATE OF 2020 AMENDMENT
Amendment by Pub. L. 116–260 effective July 1, 2024,
except as otherwise expressly provided, and applicable
with respect to award year 2024–2025 and each subse-
quent award year, as determined under this chapter,
see section 701(b) of Pub. L. 116–260, set out as a note
under section 1001 of this title.
EFFECTIVE DATE OF 2009 AMENDMENT
Amendment by Pub. L. 111–39 effective as if enacted
on the date of enactment of Pub. L. 110–315 (Aug. 14,
2008), see section 3 of Pub. L. 111–39, set out as a note
under section 1001 of this title.
EFFECTIVE DATE OF 2007 AMENDMENT
Pub. L. 110–84, title VI, § 601(e), Sept. 27, 2007, 121 Stat.
804, provided that: ‘‘The amendments made by this sec-
tion [amending this section and sections 1087pp, 1087qq,
and 1087rr of this title] shall be effective on July 1,
2009.’’
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(a)(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 enroll-
ment beginning on or after July 1, 2007.’’
EFFECTIVE DATE OF 1998 AMENDMENT
Amendment by Pub. L. 105–244, effective Oct. 7, 1998,
and applicable with respect to determinations of need
under this part for academic years beginning on or
after July 1, 2000, see section 480A of Pub. L. 105–244, set
out as a note under section 1087kk of this title.
EFFECTIVE DATE OF 1993 AMENDMENT
Amendment by Pub. L. 103–208 effective as if included
in the Higher Education Amendments of 1992, Pub. L.
102–325, except as otherwise provided, see section 5(a) of
Pub. L. 103–208, set out as a note under section 1051 of
this title.
EFFECTIVE DATE OF 1992 AMENDMENT
Amendment by Pub. L. 102–325 applicable with re-
spect to determinations of need under this part for
Page 611
TITLE 20—EDUCATION
§ 1087pp
award years beginning on or after July 1, 1993, see sec-
tion 471(b) of Pub. L. 102–325, set out as a note under
section 1087kk of this title.
EFFECTIVE DATE OF 1987 AMENDMENT
Amendment by Pub. L. 100–50 effective as if enacted
as part of the Higher Education Amendments of 1986,
Pub. L. 99–498, see section 27 of Pub. L. 100–50, set out
as a note under section 1001 of this title.
§ 1087pp. Student aid index for independent stu-
dents without dependents other than a
spouse
(a) Computation of student aid index
(1) In general
For each independent student without de-
pendents other than a spouse, the student aid
index is equal to (except as provided in para-
graph (2)) the sum of—
(A) the family’s available income (deter-
mined in accordance with subsection (b));
and
(B) the family’s available assets (deter-
mined in accordance with subsection (c)).
(2) Exception
If the sum determined under paragraph (1)
with respect to an independent student with-
out 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 de-
fined in section 1087vv of this title)—
(i) Federal income taxes;
(ii) an allowance for payroll taxes, deter-
mined 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 inde-
pendent 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 allow-
ance, 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 stu-
dent (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 appli-
cable 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 allow-
ance is equal to the lesser of $4,000 or 35 per-
cent 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 em-
ployment 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 allow-
ance (determined in accordance with para-
graph (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
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Computation of student aid index**
(1) **In general** — Except as provided in paragraph (2), for each dependent student, the student aid index is equal to the sum of—
(A) the assessment of the parents’ adjusted available income (determined in accordance with subsection (b));
(B) the assessment of the student’s available income (determined in accordance with subsection (g)); and
(C) the student’s available assets (determined in accordance with subsection (h)).
(2) **Exception** — If the sum determined under paragraph (1) with respect to a dependent student is less than − $1,500, the student aid index for the dependent student shall be − $1,500.
**(b) Assessment of parents’ adjusted available income** The assessment of parents’ adjusted available income is equal to the amount determined by—
(1) computing adjusted available income by adding—
(A) the parents’ available income (determined in accordance with subsection (c)); and
(B) the parents’ available assets (determined in accordance with subsection (d));
(2) assessing such adjusted available income in accordance with the assessment schedule set forth in subsection (e); and
(3) considering such assessment resulting under paragraph (2) as the amount determined under this subsection.
**(c) Parents’ available income**
(1) **In general** — The parents’ available income is determined by subtracting from total income (as defined in [section 1087vv of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1087vv&num=0&edition=prelim))—
(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 allowa
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1087oo
Stored review status: release_metadata_unconfirmed. Same stored citation; legal effect and authority still require review.