CFR > Title 28 - Judicial Administration > CHAPTER I—DEPARTMENT OF JUSTICE > PART 32—PUBLIC SAFETY OFFICERS' DEATH, DISABILITY, AND EDUCATIONAL ASSISTANCE BENEFIT CLAIMS > SUBPART D—Educational Assistance Benefit Claims (§32.31 to §32.37) > 32.33—Definitions.

32.33—Definitions.

Application means claim (i.e., a threshold claim or a financial claim).
Assistance means financial assistance.
Child of an eligible public safety officer means the child of a public safety officer, which officer is an eligible public safety officer.
Dependent —An individual is a dependent of an eligible public safety officer, if—
(1) Being a child of the officer, the individual—
(i) Was claimed properly as the officer's dependent (within the meaning of the Internal Revenue Code, at 26 U.S.C. 152) on the officer's federal income-tax return (or could have been claimed if such a return had been required by law)—
(A) For the tax year of (or immediately preceding) either the injury date or the date of the officer's death (with respect to a claim by virtue of such death); or
(B) For the relevant tax year (with respect to a claim by virtue of the officer's disability); or
(ii) Is the officer's posthumous child; or
(2) Being a spouse of the officer at the time of the officer's death or on the date of the officer's totally and permanently disabling injury, the individual received over half of his support from the officer (or had as his principal place of abode the home of the officer and was a member of the officer's household)—
(i) As of either the injury date or the date of the officer's death (with respect to a claim by virtue of such death); or
(ii) In the relevant tax year (with respect to a claim by virtue of the officer's disability).
Educational assistance benefits means benefits specifically to assist in paying educational expenses.
Educational expenses means such of the following as may be in furtherance of the educational, professional, or vocational objective of the program of education that forms the basis of a financial claim:
(1) Tuition and fees, as described in 20 U.S.C. 1087 ll (1) (higher education assistance);
(2) Reasonable expenses for—
(i) Room and board (if incurred for attendance on at least a half-time basis);
(ii) Books;
(iii) Computer equipment;
(iv) Supplies;
(v) Transportation; and
(3) For attendance on at least a three-quarter-time basis, a standard allowance for miscellaneous personal expenses that is the greater of—
(i) The allowance for such expenses, as established by the eligible educational institution for purposes of financial aid; or
(ii) $200.00 per month.
Eligible dependent means an individual who—
(1) Is a dependent of an eligible public safety officer;
(2) Attends a program of education, as described in the Act, at 42 U.S.C. 3796d-1(a)(1); and
(3) Is otherwise eligible to receive financial assistance pursuant to the Act or this subpart.
Eligible educational expenses means a claimant's educational expenses, reduced by the amount of educational assistance benefits from non-governmental organizations that the claimant has received or will receive.
Eligible public safety officer means a public safety officer—
(1) With respect to whose death, benefits under subpart B of this part properly have been paid; or
(2) With respect to whose disability, benefits under subpart C of this part properly—
(i) Have been paid; or
(ii) Would have been paid, but for the operation of paragraph (b)(1) of § 32.6.
Financial assistance means financial assistance, as described in the Act, at 42 U.S.C. 3796d-1.
Financial claim means a request for financial assistance, with respect to attendance at a program of education, for a particular grading period.
Financial need —An individual is in financial need for a particular grading period to the extent that the amount of his eligible educational expenses for that period exceed the sum of—
(1) The amount of his educational assistance benefits as described in the Act, at 42 U.S.C. 3796d-1(a)(3)(A); and
(2) His expected family contribution calculated pursuant to 20 U.S.C. 1087nn (higher education assistance).
Funds means financial assistance.
Grading period means the period of attendance (e.g., a semester, a trimester, a quarter) in a program of education, after (or with respect to) which period grades are assigned, units of credit are awarded, or courses are considered completed, as determined by the eligible educational institution.
Prospective financial claim means a financial claim with respect to a grading period that ends after the claim is filed.
Public safety agency means a public agency—
(1) In which a public safety officer serves in an official capacity, with or without compensation, as such an officer (of any kind but disaster relief worker); or
(2) Of which a public safety officer is an employee, performing official duties as described in the Act, at 42 U.S.C. 3796b(9)(B) or (C), as a disaster relief worker.
Retroactive financial claim means a financial claim with respect to a grading period that ends before the claim is filed.
Spouse of an eligible public safety officer at the time of the officer's death or on the date of a totally and permanently disabling injury means the spouse of a public safety officer (which officer is an eligible public safety officer) as of—
(1) The date of the officer's death (with respect to a claim by virtue of such death); or
(2) The injury date (with respect to a claim by virtue of the officer's disability).
Tax Year —With respect to a claim by virtue of an eligible public safety officer's disability, the relevant tax year is—
(1) The tax year of (or immediately preceding) the injury date;
(2) Any tax year during which the program of education that forms the basis of the claim is attended or is pursued;
(3) The tax year immediately preceding the date on which the program of education that forms the basis of the claim commenced (or is to commence); or
(4) The tax year of (or immediately preceding) the officer's death, where the program of education that forms the basis of the claim commenced (or is to commence) after the date of such death.
Threshold claim means a request for determination of general eligibility to receive financial assistance.