(1) The VA will discontinue educational assistance effective the last day of the most recent term, quarter, semester or enrollment period of which the individual received educational assistance.

(2) The VA will discontinue subsistence allowance effective the individual's last date of attendance.

(Authority: 10 U.S.C. 2144)

(b) Lump-sum payment. When a servicemember accepts a lump-sum payment in lieu of educational assistance, the VA will discontinue educational assistance effective the date on which he or she elects to receive the lump-sum payment.

(Authority: 10 U.S.C. 2146)

(c) Reduction due to decreased training time. (1) If a decrease in an individual's training time requires a decrease in educational assistance, the decrease is effective the end of the month in which the individual become a part-time student or the end of the term, whichever is earlier.

(2) When an individual decreases his or her training time from full-time to part-time, the VA will decrease his or her subsistence allowance effective the end of the month in which the individual became a part-time student, or the end of the term, whichever is earlier. (Authority: 10 U.S.C. 2143, 2144)

(d) Course discontinued, interrupted, terminated or withdrawn from. If an individual withdraws, discontinues, ceases to attend, interrupts or terminates all courses, the VA will discontinue educational assistance and subsistence allowance effective the last date of attendance.

(Authority: 10 U.S.C. 2143)

(e) False claim. The VA will discontinue educational assistance and subsistence allowance effective the first day of the term for which the false claim is submitted.

(Authority: 10 U.S.C. 2141)

(f) Withdrawal of accreditation. If an accrediting agency withdraws accreditation from a course in which an individual is enrolled, the VA will discontinue educational assistance and subsistence allowance effective the

end of the month in which the accrediting agency withdrew accreditation, or the end of the term, whichever is earlier.

(Authority: 10 U.S.C. 2143(c) 2144)

(g) Remarriage of surviving spouse. The VA will discontinue educational assistance and subsistence allowance effective the last date of attendance before the date on which the surviving spouse remarries.

(Authority: 10 U.S.C. 2147(d))

(h) Divorce. If entitlement has been transferred to the veteran's or servicemember's spouse, and the spouse is subsequently divorced from the veteror servicemember, the spouse's award of educational assistance and subsistence allowance will end on the last date of attendance before the divorce decree becomes final.

an

(Authority: 10 U.S.C. 2147(d))

(i) Revocation of transfer. If a veteran or servicemember revokes a transfer of entitlement, the spouse's or dependent child's award of educational assistance will end on the effective date of the revocation. See § 21.5743(e).

(Authority: 10 U.S.C. 2147)

(j) Dependent child ceases to be dependent: veteran or servicemember living. If a veteran or servicemember is living and has transferred entitlement to his or her dependent child who is not incapable of self support due to physical or mental incapacity, the VA will discontinue the dependent child's award of educational assistance and subsistence allowance whenever the child does not meet the definition of a "dependent child" found in § 21.5720(c). The effective date of discontinuance is the earliest of the following:

(1) The child's 21st birthday, if on that date

(i) The veteran or servicemember is not providing over one-half the child's support, or

(ii) The child is not enrolled in a full-time course of study in an institution of higher learning approved by the Secretary of Defense or the Secretary of Education, as the case may be;

20-133 0-88--12

(2) The date, following the child's 21st birthday, on which the veteran or servicemember stops providing over one-half the child's support;

(3) The date, following the child's 21st birthday, on which he or she is no longer enrolled in a full-time course of study in an institution of higher learning approved by the Secretary of Defense or the Secretary of Education, as the case may be;

(4) The child's 23rd birthday; (5) the date the child marries. (Authority: 10 U.S.C. 2147(d))

(k) Dependent child ceases to be dependent: veteran or servicemember deceased. If a veteran or servicemember is deceased and his or her dependent child is not incapable of self support due to physical or mental incapacity, the VA will discontinue the dependent child's award of educational assistance whenever the child does not meet the definition of a "dependent child" found in § 21.5720(c). The effective Idate of discontinuance is the earliest of the following:

(1) The day after the child's 21st birthday, if on that date the child is not enrolled in a full-time course of study in an institution of higher learning approved by the Secretary of Defense or the Secretary of Education, as the case may be;

(2) The date following the child's 21st birthday on which he or she is no longer enrolled in a full-time course of study in an institution of higher learning approved by the Secretary of Defense or the Secretary of Education, as the case may be;

(3) The child's 21st birthday; or (4) The date the child marries. (Authority: 10 U.S.C. 2147(d))

§ 21.5838 Overpayments.

(a) Educational assistance. If an individual receives educational assistance but the educational assistance must be discontinued according to § 21.5835, the amount of educational assistance attributable to the portion of the term, quarter or semester following the effective date of discontinuance shall constitute a debt due the United States.

(1) The amount of the debt is equal to the product of—

(i) The number of days the individual was entitled to receive subsistence allowance during the enrollment period for which educational assistance was paid, divided by the total number of days in that enrollment period, and

(ii) The amount of educational assistance provided for that enrollment period.

(2) Nothing in this method of calculation shall change the fact that the number of months of educational assistance to which the individual remains entitled shall always be the same as the number of months of subsistence allowance to which the individual is entitled.

(Authority: 10 U.S.C. 2143)

(b) Subsistence allowance. If an individual receives subsistence allowance under any of the following conditions, the amount of that subsistence allowance shall constitute a debt due the United States unless the debt is waived as provided by §§ 1.955 through 1.970 of this chapter.

(1) Subsistence allowance received for courses pursued while on active duty;

(2) Subsistence allowance received for courses which are precluded under § 21.5800(b);

(3) Subsistence allowance received by a person who is not eligible for educational assistance under § 21.5740;

(4) Subsistence allowance received by an individual who has exhausted all entitlement provided under § 21.5742;

(5) Subsistence allowance received by an individual for a period before the commencing date determined by § 21.5831.

(6) Subsistence allowance received by an individual for a period following a discontinuance date determined by § 21.5835.

(7) Subsistence allowance received by an individual in excess of the parttime rate for a period following a reduction date determined by § 21.5835.

(Authority: 10 U.S.C. 2144)

MEASUREMENT OF COURSES

§ 21.5870 Measurement of courses.

(a) Credit hour measurement: undergraduate, standard term. An individual who enrolls in a standard quarter or semester for 12 undergraduate credit hours is a full-time student. An individual who enrolls in a standard quarter or semester for less than 12 undergraduate credit hours is a part-time student.

(Authority: 10 U.S.C. 2144(c))

(b) Credit hour measurement: Undergraduate, nonstandard term. (1) If an individual enrolls in a nonstandard term, quarter or semester, and the school measures the course credit-hour basis, the VA will determine whether that individual is a fulltime student by

on a

(i) Multiplying the credits earned in the term by 18 if credit is granted in semester hours, or by 12 if credit is granted in quarter hours, and

(ii) Dividing the product by the number of whole weeks in the term.

(2) In determining whole weeks the VA will

(i) Divide the number of days in the term by 7;

(ii) Disregard a remainder of 3 days or less, and

(iii) Consider 4 days or more to be a whole week.

(3) If the number obtained by using the formula in paragraphs (b) (1) and (2) of this section is 12 or more, the individual is a full-time student. If that number is less than 12, the individual is a part-time student.

(c) Credit hour measurement: graduate. (1) If it is the established policy of a school to consider less than 12 credit hours to be full-time for graduate students, the VA will accept the statement of a responsible school offical as to whether the student is a full-time or part-time student. If the school does not have such a policy, the VA will measure the student's enrollment according to the provisions of paragraphs (a) and (b) of this section.

(2) The VA will measure undergraduate courses required by the school according to the provisions of paragraphs (a) and (b) of this section, even though the individual is enrolled as a

graduate student. If the individual is taking both graduate and undergraduate courses, the school will report the credit-hour equivalent of the graduate work. The VA will first measure the undergraduate courses according to the provisions of paragraphs (a) and (b) of this section and combine the result with the credit-hour equivalent of the graduate work in order to determine the extent of training.

(d) Clock hour measurement. (1) If an individual enrolls in a course measured in clock hours and shop practice is an integral part of the course, he or she is a full-time student when enrolled in 22 clock hours or more per week with not more than a 21⁄2 hour rest period allowance per week. For all other enrollments the individual is a part-time student. The VA will exclude supervised study in determining the number of clock hours in which the individual is enrolled.

(2) If an individual enrolls in a course measured in clock hours and theory and class instruction predominate in the course, he or she is a fulltime student enrolled in 18 clock hours or more per week. He or she is a parttime student when enrolled in less than 18 clock hours per week. Customary intervals not to exceed 10 minutes between classes will be included in measuring net instruction. Shop practice, rest periods, and supervised study are excluded. Supervised instruction periods in schools' shops and the time involved in field trips and individual and group instruction may be included in computing the clock hour requirements.

(Authority: 10 U.S.C. 2144(c))

ADMINISTRATIVE

§ 21.5900 Administration of benefits program-chapter 107, title 10, United States Code.

In administering benefits payable under Chapter 107, Title 10, United States Code, the VA will be bound by the provisons of the §§ 21.5700, 21.5800 and 21.5900 series of regulations. (Authority: 10 U.S.C. 2144(c))

§ 21.5901 Delegations of authority.

(a) General delegation of authority. Except as otherwise provided, authority is delegated to the Chief Benefits Director of the VA and to supervisory or adjudication personnel within the jurisdiction of the Education Service of the VA, designated by him or her to make findings and decisions under 10 U.S.C. Chapter 107 and the applicable regulations, precedents and instructions concerning the program authorized by these regulations.

(Authority: 10 U.S.C. 2144(c))

(b) Delegation of authority concerning the Civil Rights Act of 1984. The Chief Benefits Director is delegated the responsibility to obtain evidence of voluntary compliance with title VI of the Civil Rights Act of 1964 from educational institutions and from recognized national organizations whose representatives are afforded space and office facilities under his or her jurisdiction. See Part 18 of this title.

(Authority: 42 U.S.C. 2000)

Subpart I-Temporary Program of Vocational Training for Certain New Pension Recipients

AUTHORITY: Pub. L. 98-543, 38 U.S.C. 210 and chapter 15, sections specifically cited. Source: 53 FR 4397, Feb. 16, 1988, unless otherwise noted.

NOTE: This subpart includes regulations governing the determination of eligibility, and the services which may be provided to veterans under this program. The numbering of the regulations follows the numbering of regulations under 38 U.S.C. chapter 31 to the extent possible. Additional regulations affecting this program are found in Part 3 and Part 17, Title 38 Code of Federal Regulations.

GENERAL

§ 21.6001 Temporary vocational training program for certain new pension recipients.

This program, with certain limitations, provides veterans awarded pension during the period beginning February 1, 1985, and ending January 31, 1989, with an evaluation and, if feasible, with vocational training, employment assistance and other services to

(a) Temporary program. The term “temporary program” means the program of vocational training for certain new pension recipients, authorized by section 524, chapter 15, title 38, United States Code, as added by Pub. L. 98543.

(Authority: 38 U.S.C. 524)

(b) Program period. The term "program period" means the period beginning on Februrary 1, 1985, and ending on January 31, 1989.

(Authority: 38 U.S.C. 524(a)(4))

(c) Program participant. The term "program participant” means any veteran who is awarded disability pension as provided by chapter 15, title 38, United States Code, during the program period and who, following an evaluation in which the VA finds achievement of a vocational goal is reasonably feasible for the veteran, elects to participate in a vocational training program.

(Authority: 38 U.S.C. 524(a))

(d) Vocational training program. The term “vocational training program" means vocationally oriented services and assistance of the kind provided under chapter 31 of the title 38 United States Code and such other services and assistance of the kind provided under that chapter as are necessary to enable the veteran to prepare for, and participate in, vocational training or employment.

(Authority: 38 U.S.C. 524(b))

(Authority: 38 U.S.C. 524(b)(4))

(g) Job development. The term "job development" means comprehensive professional services to assist the individual veteran to actually obtain a suitable job, and not simply the solicitation of jobs on behalf of the veteran. Continuing and mutually beneficial relationships with employers should be established by VA staff through the referral of suitable employees and the provision of supportive services, e.g., adjustment counseling and job modification. Job development activities by VA staff are intended to provide disabled veterans with a chance for suitable employment with cooperating employers.

(Authority: 38 U.S.C. 524(b)(3))

(h) Institution of higher learning. The term "institution of higher learning" shall have the same definition as is provided in § 21.4200(a) of this part. (Authority: 38 U.S.C. 524(b)(2))

(i) Other terms. The following terms shall have the same meaning or explanation provided in § 21.35 of this part. (1) Vocational goal.

(2) Program of education.

(3) Rehabilitation to the point of employability.

(4) Counseling psychologist.

(5) Vocational rehabilitation specialist.

(6) School, educational institution or institution.

(7) Training establishment.
(8) Rehabilitation facility.
(9) Workshop.

(Authority: 38 U.S.C. 524)

§ 21.6010 Applicability of rules and administrative procedures under 38 U.S.C., Chapter 31.

(a) General. Title 38, United States Code, section 524(b)(2)(A) provides, in part, that a vocational training program shall consist of vocationally oriented services and assistance of the kind provided service-disabled veterans under chapter 31, Title 38, United States Code, and other services and assistance of the kind provided under that chapter as are necessary to enable the veteran to prepare for and participate in vocational training or employment.

(Authority: 38 U.S.C. 524(b)(2)(A))

(b) Applicable chapter 31 rules-general. The rules and procedures in force for administration of the chapter 31 program (§ 21.1-§21.430) are deemed to be applicable to administration of this program in so far as their use shall not conflict with 38 U.S.C. 524 or the rules under this subpart. Where a particular grouping of chapter 31 rules are generally applicable, without modification, the rules under this subpart will be deemed to incorporate the chapter 31 rules. The chapter 31 rules may be read as written, but terms such as "chapter 31" and "service-connected disability" shall be understood to read "chapter 15" and "disabilities" whenever used. References in the chapter 31 rules to benefits (subsistence allowances, loans) or eligibility (dependents, service-connection, serious employment handicap) are to be considered inapplicable to this program and do not confer benefits or rights not provided by 38 U.S.C. 524. (Authority: 38 U.S.C. 524)

§ 21.6015 Claims and elections.

(a) Claims by veterans under age 50. A veteran under age 50 who is awarded pension during the program period will be scheduled for an evaluation to determine whether achievement of a vocational goal is reasonably feasible, unless it is determined that the veteran is unable to participate in an evaluation for reasons beyond his or her control. If the VA, as a result of the evaluation, determines that achievement of a vocational goal is reasonably feasible, the veteran may elect to pursue a vocational training prgoram. To make this election, the veteran must file a claim, in a form prescribed by the VA, for services under this temporary program.

(Authority: 38 U.S.C. 524(b))

(b) Claims by veterans age 50 or older. A veteran age 50 or older who is awarded pension during the program period must file a claim in the form prescribed by the VA in order to be considered for an evaluation of his or her ability to achieve a vocational goal and participate in this temporary program. The veteran's claim is consid