§ 663. Income, a determinant of amount of awards. 1. Income defined.\nExcept as otherwise provided in this section, "income" shall be the\ntotal of the combined net taxable income and income from pensions of New\nYork state, local governments, the federal government and any private\nemployer of the applicant, the applicant's spouse, and the applicant's\nparents, including any pension and annuity income excluded for purposes\nof taxation pursuant to paragraph three-a of subsection (c) of section\nsix hundred twelve of the tax law, as reported in New York state income\ntax returns for the calendar year coinciding with the tax year\nestablished by the U.S. department of education to qualify applicants\nfor federal student financial aid programs authorized by title IV of the\nHigher Education Act of 1965, as amended, for the school year in which\napplication for assistance is made, except that any amount received by\nan applicant as a scholarship at an educational institution or as a\nfellowship grant, including the value of contributed services and\naccommodations, shall not be included within the definition of "income"\nfor the purposes of this article. The term "parent" shall include birth\nparents, stepparents, adoptive parents and the spouse of an adoptive\nparent. Income, if not a whole dollar amount, shall be assumed to be\nequal to the next lowest whole dollar amount. Any change in the status\nof an applicant with regard to the persons responsible for the\napplicant's support occurring after the beginning of any semester shall\nnot be considered to change the applicant's award for that semester.\n 2. Separation of parents. If the parents of an applicant are living\napart, the income of the applicant shall be based upon the income of\nthat parent with whom the applicant is living; or who exercises custody\nif the applicant is a minor, or would exercise custody if the applicant\nwere a minor, and any appropriate payments for the support of the\napplicant from the other parent.\n 3. Exclusion of parental income in the determination of the amount of\nan award. a. In determining the amount of an award for students, the\nincome of the parents shall be excluded if the student has been\nemancipated from his parents.\n b. A student shall be considered emancipated if:\n (1) The applicant is a student who was married on or before December\nthirty-first of the calendar year prior to the beginning of the academic\nyear for which application is made or is an undergraduate student who\nhas reached the age of twenty-two on or before June thirtieth prior to\nthe academic year for which application is made and who, during the\ncalendar year next preceding the semester, quarter or term of attendance\nfor which application is made and at all times subsequent thereto up to\nand including the entire period for which application is made:\n (i) has not resided and will not reside with his or her parents for\nmore than six weeks; and\n (ii) has not and will not receive financial assistance or support\nvalued in excess of seven hundred fifty dollars from his or her parents;\nand\n (iii) has not and will not be claimed as a dependent by either parent\nfor purposes of either federal or state income tax; or\n (2) The applicant has reached the age of thirty-five on or before June\nthirtieth prior to the academic year for which application is made; or\n (3) The applicant was enlisted in full time active military service in\nthe armed forces of the United States and (i) has been honorably\ndischarged from such service, or (ii) has a qualifying condition, as\ndefined in section one of the veterans' services law, and has received a\ndischarge other than bad conduct or dishonorable from such service, or\n(iii) is a discharged LGBT veteran, as defined in section one of the\nveterans' services law, and has received a discharge other than bad\nconduct or dishonorable from such service, and, provided, however, that\nthe applicant has not and will not b
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