B. Eligibility of Students — HUD Handbook 4350.3 REV-1

This paragraph applies to the Rent Supplement, RAP, Section 221(d)(3) BMIR, Section 236, Section 202 PAC, Section 202 PRAC or Section 811 PRAC programs.
Owners must determine a student’s eligibility for assistance at move-in, initial or annual recertification, and at the time of an interim recertification if one of the changes reported is that a household member is enrolled as a student, at an institution of higher education.
The student must meet all of the following criteria to be eligible. The student must:
- a. Be of legal contract age under state law;
- b. Have established a household separate from parents or legal guardians for at least one year prior to application for occupancy, or
- c. Meet the U.S. Department of Education’s definition of an independent student. (See the Glossary for definition of Independent Student);

HUD Occupancy Handbook 3-42 06/09 Chapter 3: Eligibility for Assistance and Occupancy

Section 2: Project Eligibility

4350.3 REV-1

d. Not be claimed as a dependent by parents or legal guardians pursuant to IRS regulations; and
e. Obtain a certification of the amount of financial assistance that will be provided by parents, signed by the individual providing the support. This certification is required even if no assistance will be provided.

The full amount of financial assistance paid directly to the student or to the educational institution and amounts of scholarships funded under title IV of the Higher Education Act of 1965, including awards under federal workstudy programs or under the Bureau of Indian Affairs student assistance programs, are excluded from annual income for the programs listed in 1, above (see paragraph 5-6 D and Exhibit 5-1.)