Ill. Admin. Code tit. 23 § 2700.50

Current through Register Vol. 48, No. 43, October 25, 2024

Section 2700.50 - Determining Applicant Eligibility

a) The evaluation of applicant eligibility is the responsibility of both ISAC and the institution.

b) No applicant is announced eligible for assistance by ISAC unless the application establishes prima facie eligibility. ISAC consults with other appropriate State and federal agencies in the process of reviewing application data.

c) Institutions shall determine (in accordance with ISAC's rules or federal regulations) whether an applicant is eligible for ISAC gift assistance based upon enrollment in a particular academic program and the eligibility criteria of the ISAC gift assistance being sought.

d) Specific eligibility criteria for each ISAC gift assistance program can be found in its respective Section of this Part.

e) The institution is required to verify the residency of all applicants to ISAC gift assistance programs for which Illinois residency is a requirement.

1) An institution is not required to verify residency if:

A) The applicant received payment of a MAP award during the previous academic year; or

B) The applicant was enrolled in an ISAC-approved MAP institution or an ISAC-approved Illinois high school (see Sections 2700.20 and 2700.30) for the preceding consecutive 12 months prior to the start of the academic year for which assistance is requested.

2) Notwithstanding the exceptions named in subsection (e)(1), the institution shall verify residency:

A) When an applicant has changed dependency status during the academic year to become an independent student; or

B) If the institution has any information that indicates the applicant may not be a resident of Illinois.

3) If the institution has information that a dependent student physically resides with a parent within the State of Illinois, but the parent contributor listed on the FAFSA physically resides in another state, the institution shall review the applicant's residency eligibility for ISAC gift assistance programs to determine whether it should be based on the Illinois resident parent.

A) The institution will make this determination on a case-by-case basis upon confirming that the dependent student and Illinois parent reside in the State as evidenced by documentation as outlined in subsection (e)(4).

B) The institution shall notify ISAC of the determination.

C) A student's maximum annual MAP award amount shall be based on the need analysis calculation using the data of the parent who is required to provide financial information on the FAFSA or Alternative Application, according to the instructions provided on the respective applications.

4) Data from one or more of the documents listed in this subsection (e)(4) may provide proof that an applicant (or parent) is an Illinois resident, as defined in Section 2700.20. The institution may choose to request documents that are in addition to, or instead of, those listed. For an independent student applicant, the dates recorded on the documents must indicate the applicant has resided in Illinois for the relevant 12 continuous, full months.

A) A valid State of Illinois tax return or federal tax transcript

B) Illinois high school or college transcript

C) Illinois driver's license

D) Utility or rent bills in the applicant's (or parent's) name

E) Illinois auto registration card

F) Residential lease in the applicant's (or parent's) name

G) Wage and tax statements (IRS Form W-2)

H) Statement of benefits history from the Illinois Department of Healthcare and Family Services

I) State of Illinois identification card issued by the Secretary of State

J) Statement of benefits from the Illinois Department of Employment Security

K) Statement of benefits from the Social Security Administration

L) Illinois voter's registration card

M) Property tax bill

N) IRS Form 1099-Miscellaneous Income Statements

5) If an applicant is a resident of Illinois, but the institution cannot document this fact, the applicant or the institution may verify residency through ISAC's appeal process. (See Section 2700.70)

f) For all other eligibility criteria, if the institution has any information that indicates that the applicant does not meet the eligibility requirements of ISAC-administered programs or if an applicant is selected for verification in conjunction with federal student assistance, that applicant shall be verified for ISAC-administered programs. A selected applicant must be verified for ISAC programs even if the applicant is ineligible for federal student assistance.

g) By requesting payment for ISAC gift assistance programs, the postsecondary institution is certifying that the applicants are eligible for the assistance being sought.

h) If an institution subsequently determines a student is no longer eligible for all or part of the awarded assistance, the institution must inform ISAC and submit the appropriate refund within 60 days after the receipt of payment or the end of a term, whichever is later.

i) Institutions may request first term payment even though verification is not yet complete. If, after verification, an ISAC payment adjustment is appropriate, institutions must submit the appropriate refund. If verification is not completed within 60 days after the conclusion of the regular school year, the institution shall return the first term payment to ISAC. For other than the first term of eligibility in an academic year, the verification process must be completed before the institution may request payment.

j) When an institution adjusts an applicant's eligibility pursuant to Title IV, Part F, of the Higher Education Act of 1965, as amended (20 U.S.C. 1087kk et seq.), the institution shall retain documentation that demonstrates the appropriateness of the adjustment.

k) If an institution erroneously certifies an applicant to be eligible, or a student is otherwise determined to be ineligible for ISAC gift assistance programs, ISAC will recover the erroneous payment from the institution.

Ill. Admin. Code tit. 23, § 2700.50

Amended at 43 Ill. Reg. 15003, effective January 1, 2020

Amended at 48 Ill. Reg. 12551, effective 8/1/2024