(a) Except as provided in subdivision (b) of this section, the following educational aid shall be considered to duplicate the purposes of tuition assistance program awards, awards for part- time study and Vietnam veterans tuition awards, and shall therefore serve to limit the amount of such awards:

1. (1) Federal assistance. An educational grant or scholarship by the Armed Forces of the United States or by a Federal agency which provides tuition assistance.
2. (2) State assistance. A tuition grant awarded by a New York State department or agency.

3. (3) Institutional assistance. Tuition remission or a tuition grant or waiver awarded by the institution on the basis of:

   1. (i) the student's status as a faculty or staff member, or dependent;
   2. (ii) service as a graduate assistant, or other services related to the student's program; and
   3. (iii) the student's enrollment in a particular program of study.
4. (4) Other educational grants or scholarships to the extent that the combination of such awards with other benefits would exceed the student's full cost of tuition and maintenance.

(b) The following aid shall not be considered to duplicate the purposes of tuition assistance program awards, awards for part-time study, and Vietnam veterans tuition awards, and shall therefore not serve to limit the amount of such awards:

1. (1) Federal assistance. The following Federal assistance shall not be considered duplicative:

   1. (i) United States War Orphan's Educational Benefits;
   2. (ii) benefits of the Veterans' Readjustment Act of 1966 (G.I. Bill);
   3. (iii) basic and supplemental educational opportunity grants. However, if the student has a maintenance cost less than that allowed under the basic educational opportunity grant program, the amount of the basic educational opportunity grant in excess of maintenance costs shall be considered duplicative;
   4. (iv) special assistance for disadvantaged students; and
   5. (v) Robert C. Byrd Honors Scholarships.

2. (2) State assistance. Tuition grants from the following State agencies shall not be considered duplicative:

   1. (i) the Office of Vocational Rehabilitation of the State Education Department; and
   2. (ii) the Commission for the Blind and Visually Handicapped of the Department of Social Services.

3. (3) Institutional assistance. The following awards shall not be considered duplicative:

   1. (i) academic, athletic or other prizes to the extent that the combination of such awards with tuition assistance program awards does not exceed the student's cost of tuition and maintenance. Maintenance shall consist of charges for room, board, transportation, textbooks and instructional material, and personal or other expenses as normally calculated by the institution for determining student expenses in connection with student aid programs;
   2. (ii) nonservice grants by the institution, or tuition credit in lieu of grants, designed to supplement the State award and based on the student's total financial need; and
   3. (iii) salary, or tuition credit in lieu of salary, representing payment solely for services performed and not as a tuition grant or waiver associated with the student's program of study.