Sec. 2202.3. Adjustments to income

Adjustments to the income information reported may be made upon the following criteria:

(a) An adjustment may be made to parent's income based upon the eligible attendance of a parent or other dependent child of a parent, pursuant to subdivision 5 of section 663 of the Education Law.

(b) An adjustment may be made to the income of the applicant and spouse based upon the eligible attendance of such spouse or a dependent child of the applicant, pursuant to subdivision 5 of section 663 of the Education Law.

(c) For the purposes of subdivisions (a) and (b) of this section, a dependent child shall be a child who does not satisfy the criteria of section 2202.4 of this Part, pertaining to the financial independence of applicants.

(d) For the purposes of subdivisions (a) and (b) of this section, eligible attendance shall be full-time matriculated attendance in a program of post-secondary study which is approved for the receipt of Federal student loans or Federal basic educational opportunity grant program awards, except for institutions, such as military academies, where no student charges for tuition, or room and board are made. Full-time matriculated attendance in an aforementioned program of post-secondary study shall constitute an approved program for purposes of subdivision 5 of section 663 of the Education Law and the calculation of awards.

(e) Adjustments for change in circumstance.

(1) Any change in the status of an applicant, or of any person whose income was required to be included in the computation of the applicant's general award or regents scholarship, which occurs before the first day of any term for which the award is granted, will be considered in computing an adjustment of applicant's award for that term, provided that the change in status was caused by such person's:

(i) death;

(ii) permanent and total physical or mental disability;

(iii) divorce; or

(iv) separation by judicial decree or pursuant to an agreement of separation which is filed with a court of competent jurisdiction.

(2) The corporation may require such documentary evidence, testimony or affidavits as it deems sufficient in granting such an adjustment of an award.