Deductions & credits

I am not eligible for the credit, so wanted to get the credit from his return. 

 

IRS says " You can get a maximum annual credit of $2,500 per eligible student. If the credit brings the amount of tax you owe to zero, you can have 40 percent of any remaining amount of the credit (up to $1,000) refunded to you." - so shouldnt he be still getting the $1000 refund? If I enter his info in TaxAct, it does provide a $1000 refund