(1) An institution must follow the disbursement procedures in this section for paying a student his or her wages under the FWS Program instead of the disbursement procedures in 34 CFR 668.164(a), (b), and (d) through (g), and 34 CFR 668.165. The institution must follow 34 CFR 668.164(c) on making direct FWS payments to students and 34 CFR 668.164(h) on handling the return of FWS funds that are not received or negotiated by a student.
(2) An institution must pay a student FWS compensation at least once a month.
(3) Before an institution makes an initial disbursement of FWS compensation to a student for an award period, the institution must notify the student of the amount of funds the student is authorized to earn, and how and when the FWS compensation will be paid.
(4) Regardless of who employs the student, the institution is responsible for ensuring that the student is paid for work performed.
(5) A student's FWS compensation is earned when the student performs the work.
(6) An institution may pay a student after the student's last day of attendance for FWS compensation earned while he or she was in attendance at the institution.
(7) A correspondence student must submit his or her first completed lesson before receiving a payment.
(8) The institution may not obtain a student's power of attorney to authorize any disbursement of funds without prior approval from the Secretary.
(9) An institution makes a disbursement of FWS program funds on the date that the institution credits a student's account at the institution or pays a student directly with -
(i) Funds received from the Secretary; or
(ii) Institutional funds used in advance of receiving FWS program funds.
(b) Crediting a student's account at the institution.
(1) If the institution obtains the student's authorization described in paragraph (d) of this section, the institution may use the FWS funds to credit a student's account at the institution to satisfy -
(i) Current year charges for -
(A) Tuition and fees;
(B) Board, if the student contracts with the institution for board;
(C) Room, if the student contracts with the institution for room; and
(D) Other educationally related charges incurred by the student at the institution; and
(ii) Prior award year charges with the restriction provided in paragraph (b)(2) of this section for a total of not more than $200 for -
(A) Tuition and fees, room, or board; and
(B) Other institutionally related charges incurred by the student at the institution.
(2) If the institution is using FWS funds in combination with other Title IV, HEA program funds to credit a student's account at the institution to satisfy prior award year charges, a single $200 total prior award year charge limit applies to the use of all the Title IV, HEA program funds for that purpose.
(c) Credit balances. Whenever an institution disburses FWS funds by crediting a student's account and the result is a credit balance, the institution must pay the credit balance directly to the student as soon as possible, but no later than 14 days after the credit balance occurred on the account.
(d) Student authorizations.
(i) Use the student's FWS compensation to pay for charges described in paragraph (b) of this section that are included in that authorization; and
(ii) Except if prohibited by the Secretary under the reimbursement or cash monitoring payment method, hold on behalf of the student any FWS compensation that would otherwise be paid directly to the student under paragraph (c) of this section.
(2) In obtaining the student's authorization to perform an activity described in paragraph (d)(1) of this section, an institution -
(i) May not require or coerce the student to provide that authorization;
(ii) Must allow the student to cancel or modify that authorization at any time; and
(iii) Must clearly explain how it will carry out that activity.
(3) A student may authorize an institution to carry out the activities described in paragraph (d)(1) of this section for the period during which the student is enrolled at the institution.
(i) If a student modifies an authorization, the modification takes effect on the date the institution receives the modification notice.
(ii) If a student cancels an authorization to use his or her FWS compensation to pay for authorized charges under paragraph (b) of this section, the institution may use those funds to pay only those authorized charges incurred by the student before the institution received the notice.
(iii) If a student cancels an authorization to hold his or her FWS compensation under paragraph (d)(1)(ii) of this section, the institution must pay those funds directly to the student as soon as possible, but no later than 14 days after the institution receives that notice.
(5) If an institution holds excess FWS compensation under paragraph (d)(1)(ii) of this section, the institution must -
(i) Identify the amount of funds the institution holds for each student in a subsidiary ledger account designed for that purpose;
(ii) Maintain, at all times, cash in its bank account in an amount at least equal to the amount of FWS compensation the institution holds for the student; and
(iii) Notwithstanding any authorization obtained by the institution under this paragraph, pay any remaining balances by the end of the institution's final FWS payroll period for an award year.
(1) Timing of institutional share and noncash contributions. Except for the noncash contributions allowed under paragraph (e)(2) or (3) of this section, an institution must pay the student its share of his or her FWS compensation at the same time it pays the Federal share.
(2) If an institution pays a student its FWS share for an award period in the form of tuition, fees, services, or equipment, it must pay that share before the student's final payroll period.
(3) If an institution pays its FWS share in the form of prepaid tuition, fees, services, or equipment for a forthcoming academic period, it must give the student a statement before the close of his or her final payroll period listing the amount of tuition, fees, services, or equipment earned.
[74 FR 55948, Oct. 29, 2009]