(a) The following words and terms, when used in this section, have the following meanings, unless the context clearly indicates otherwise.
(1) Tuition savings program--
(2) Beneficiary--A designated individual whose qualified higher education expenses are expected to be paid from a tuition savings program.
(b) The Texas Health and Human Services Commission excludes funds used to establish a tuition savings program and payments made from or interest earned on a tuition savings program, if the tuition savings program was established:
(1) before the beneficiary's 21st birthday; and
(2) by the beneficiary's parent, stepparent, spouse, grandparent, brother, sister, uncle, or aunt, whether related by whole blood, half blood, or adoption.
(c) The resource exclusion described in subsection (b) of this section does not apply:
(1) if a withdrawal from the tuition savings program is made for any purpose other than paying qualified educational expenses of the beneficiary; or
(2) if the tuition savings program is cancelled.
Source Note: The provisions of this §358.356 adopted to be effective February 3, 2013, 38 TexReg 365