How Far Do We Go When Documenting Self-Supporting Status For a Dependency Override?

Since professional judgment (PJ) is entirely at the discretion of the financial aid administrator, NASFAA cannot say with certainty. We can say, however, that the more documentation, the better when it comes to PJ and the possibility of having such decisions questioned by an auditor or program reviewer. We would recommend that in addition to copies of benefit payment statements from the state or federal entity, you might also consider a signed statement from both the student and possibly another objective third party testifying to the self-supporting nature of the student's circumstances. 

Section 479A(a)(3) of the Higher Education Act of 1965 (HEA), as amended, [20 USC 1087TT], provides additional specific examples of adequate documentation for a dependency override including, but not limited to:

"Adequate documentation for adjustments under this section must substantiate the special circumstances or unusual circumstances of an individual student, and may include, to the extent relevant and appropriate-

(A) a documented interview between the student and the financial aid administrator;

(B) for the purposes of determining that a student qualifies for an adjustment under paragraph (1)(B)-

(i) submission of a court order or official Federal or State documentation that the student or the student's parents or legal guardians are incarcerated in any Federal or State penal institution;

(ii) a documented phone call or a written statement, which confirms the specific unusual circumstances with-

(I) a child welfare agency authorized by a State or county;

(II) a Tribal welfare authority or agency;

(III) an independent living case worker, such as a case worker who supports current and former foster youth with the transition to adulthood; or

(IV) a public or private agency, facility, or program servicing the victims of abuse, neglect, assault, or violence, which may include domestic violence;

(iii) a documented phone call or a written statement from an attorney, a guardian ad litem, or a court-appointed special advocate, or a person serving in a similar capacity which confirms the specific unusual circumstances and documents the person's relationship to the student;

(iv) a documented phone call or written statement from a representative under division 1 or 2 of subpart 2 of part A, which confirms the specific unusual circumstances and documents the representative's relationship to the student;

(v) documents, such as utility bills or health insurance documentation, that demonstrate a separation from parents or legal guardians; and

(vi) in the absence of documentation described in this subparagraph, other documentation the financial aid administrator determines is adequate to confirm the unusual circumstances, pursuant to section 1087vv(d)(9) of this title; and

(C) supplementary information, as necessary, about the financial status or personal circumstances of eligible applicants as it relates to the special circumstances or unusual circumstances based on which the applicant is requesting an adjustment."

Note: Effective with the 2023-24 award year, under HEA 479A(c)(2)(D)(iv), [20 USC 1087TT] any student determined to be independent by dependency override for a preceding award year shall be presumed to be independent for each subsequent award year at the same institution, unless the student indicates a change in circumstances or unless conflicting information exists.

See the November 4, 2022 Dear Colleague Letter, GEN-22-15 for more information.

Student Aid Reference Desk: For additional information, try the Student Aid Reference Desk. It is a central hub of all the important financial aid resources you need with direct links to legislation, regulation, Dear Colleague Letters, and other ED and NASFAA references. It is updated on a rolling basis with the latest news and changes. Search Professional Judgment.