tutorial assistance paid to the indilual in excess of $600 that is equal to e amount of monthly educational astance the individual is otherwise elile to receive for full-time pursuit of residence course as provided in 5138(c) of this part. When the ount of tutorial assistance paid to individual in excess of $600 is less n the amount of monthly eduional assistance the individual is erwise eligible to receive, the entinent charge will be prorated.

hority: 38 U.S.C. 3234; Pub. L. 100-689)

) Flight training courses. (1) A rge against the period of entitleit for pursuit of a flight training se will be one month for each sum oney paid equivalent to the dollar le of a month of entitlement as deained under §21.5138(a)(5)(viii).

in this computation results in a peof time other than a full month, charge will be prorated.

If the individual is contributing to fund at the same time that benefits being used or subsequently contriba sum or sums, the entitlement ges will not be recomputed. Thus, he monthly rate arrived at under 5138(a)(5)(viii) is $150 at the time cational assistance allowance is 1 for a period of flight training, the vidual will be charged one month ntitlement for each $150 paid. If a rent monthly rate is computed at time of a subsequent payment for 1 training, no adjustment will be le in the entitlement charged for previous payment(s) even though value of each month's entitlement y vary from payment to payment.

hority: 38 U.S.C. 3231(f); Pub. L. 102Apr. 1, 1991)

) Entitlement charge may be omitted course discontinuance (Persian Gulf r). VA will make no charge against entitlement of a servicemember or eran for a payment of educational istance allowance when

1) A veteran not serving on active ty had to discontinue course pursuit a result of being ordered, in connecin with the Persian Gulf War, to ve on active duty under section 672 §, (d), or (g), 673, 673b, or 688 of title

or

(2) A servicemember serving on active duty had to discontinue course pursuit as a result of being ordered, in connection with the Persian Gulf War, to a new duty location or assignment or to perform an increased amount of work; and

(3) The veteran or servicemember failed to receive credit or lost training time toward completion of his or her educational, professional or vocational objective as a result of having to discontinue course pursuit, as described in paragraphs (i)(1) or (i)(2) of this section.

(Authority: 38 U.S.C. 3235; Pub. L. 102-127) (Oct. 10, 1991)

[45 FR 31, Jan. 2, 1980, as amended at 47 FR 51745, Nov. 17, 1982; 48 FR 50530, Nov. 2, 1983; 52 FR 3429, Feb. 4, 1987; 53 FR 34497, Sept. 7, 1988; 55 FR 31582, Aug. 3, 1990; 58 FR 31910, June 7, 1993; 58 FR 34369, June 25, 1993; 58 FR 34526, June 28, 1993]

197-135 D-12

§ 21.5078 Interruption to conserve entitlement.

(a) Interruption to conserve entitlement generally prohibited. No one may interrupt a certified period of enrollment for the purpose of conserving entitlement. A school may not certify a period of enrollment for a fractional part of the normal term, quarter or semester if the individual actually is enrolled and is pursuing his or her program of education for the entire term, quarter or semester.

(b) Exceptions. The Department of Veterans Affairs will charge entitlement for the entire period of enrollment certified if the individual otherwise is eligible for benefits, except when benefits are interrupted under any of the following conditions:

(1) Enrollment actually is term nated.

(2) Enrollment is canceled and the i dividual has not negotiated an ed cational benefits check for any part the certified period of enrollment. (3) The individual:

(i) Interrupts his or her enrollme at the scheduled end of any term, qua ter, semester or school year within tl certified period of enrollment; and

(ii) Has not negotiated any check f educational benefits for the succeedi term, quarter, semester or school yea

(4) The individual requests interru tion or cancellation for any brea when a school was closed during a ce tified period of enrollment and pa ments were continued under an esta lished policy based upon an Executi order of the President or due to emergency situation. This excepti applies whether or not the individu has negotiated a check for education benefits for the certified period. (Authority: 38 U.S.C. 3241, 3680)

COUNSELING

§ 21.5100 Counseling.

(a) Purpose. The purpose of cou seling is:

(1) To assist in selecting an objectiv (2) To develop a suitable program education or training; and

(3) To resolve any personal probler which are likely to interfere with t successful pursuit of a program.

(b) Availability of counseling. Cou seling assistance in available for—

(1) Identifying and removing reaso for academic difficulties which may r sult in interruption or discontinuan of training, or

(2) In considering changes in care plans, and making sound decisio about the changes.

(Authority: 38 U.S.C. 3697A(a))

(c) Optional counseling. VA shall pr vide counseling as needed for the pu poses identified in paragraphs (a) ar (b) of this section upon request of th individual. VA shall take appropriat steps (including individual notificatio

ere feasible) to acquaint all particits with the availability and advanes of counseling services.

thority: 38 U.S.C. 3241, 3697A(a) and (b))

Required counseling. (1) In any case which VA has rated the veteran as ng incompetent, VA must provide nseling as described in 38 U.S.C. A prior to selection of a program of cation or training. The counseling follow the veteran's initial applion for benefits or any communicafrom the veteran or guardian inding that the veteran wishes to nge his or her program. This reement that counseling be provided et when

The veteran has had one or more onal interviews with the counselor; The counselor has jointly develwith the veteran recommendas for selecting a program;

These recommendations have reviewed with the veteran.

The veteran may follow the recmendations developed in the course ounseling, but is not required to do

OVA will take no further action on eteran's application for assistance er 38 U.S.C. chapter 32 unless he or

Reports for counseling;

Cooperates in the counseling cess; and

i) Completes counseling to the exrequired under paragraph (d)(1) of section.

hority: 38 U.S.C. 3241, 3697A(c))

FR 31, Jan. 2, 1980, as amended at 47 FR 5, Nov. 17, 1982; 53 FR 34497, Sept. 7, 1988; R 31911, June 7, 1993; 61 FR 29030, June 7, 61 FR 36629, July 12, 1996]

5103 Travel expenses.

General. VA shall determine and =the necessary expense of travel to from the place of counseling for a eran who is required to receive nseling as provided under 38 U.S.C. (a), (d), (e), and (g).

thority: 38 U.S.C. 111(a), (d), (e), and (g)) ) Restriction. VA will not pay the cessary cost of travel to and from = place of counseling when couning is not required, but is provided

VA will pay educational assistance allowance at the rate specified in §§ 21.5136 and 21.5138 of this part while the individual is pursuing either an approved program of education or a refresher or deficiency course or other preparatory or special education or training course which is necessary to enable the individual to pursue an approved program of education. VA will make no payment for pursuit of any course which either is not part of the veteran's program of education, or is not a refresher, deficiency or other preparatory or special education or training course which is necessary to enable the individual to pursue an approved program of education. VA may withhold a payment until it receives

verification or certification of the individual's continued enrollment and adjusts the individual's account. See § 21.5133.

(Authority: 38 U.S.C. 3241; Pub. L. 94-592, Pub. L. 99-576, Pub. L. 101-237) [57 FR 38612, Aug. 26, 1992]

§ 21.5132 Criteria used in determining benefit payments.

(a) Training time. The amount of benefit payment to an individual in all types of training except cooperative training, correspondence training and apprenticeship and other on-job training depends on whether VA determines that the individual is a full-time student, three-quarter-time student, halftime student or one-quarter-time student.

Generally, this verification will be re quired monthly, resulting in monthl payments.

(b) Apprenticeship and other on-jo training. VA will pay educational a sistance to a veteran pursuing a pr gram of apprenticeship or other on-jc training only after

(1) The training establishment ha certified his or her enrollment in th training program as provided i § 21.5200(d); and

(2) VA has received from the vetera and the training establishment a ce tification of hours worked. Generall this certification will be requir monthly, resulting in monthly pa ments.

(c) Correspondence training. VA wi pay educational assistance to a vetera or servicemember who is pursuing correspondence course or the co respondence portion of a combined cc

respondence-residence

after

course on

(1) The educational institution h certified his or her enrollment;

(2) VA has received from the veter or servicemember a certification as the number of lessons completed al serviced by the educational institutio and

(3) VA has received from the ed cational institution a certification an endorsement on the veteran's servicemember's certificate, as to t number of lessons completed by t veteran or servicemember and servic by the educational institution. Ge erally, this certification will be r quired quarterly, resulting in quarter payments.

(Authority: 38 U.S.C. 3680(g))

(Approved by the Office of Management a Budget under control number 2900-0465) [57 FR 38612, Aug. 26, 1992]

§ 21.5134 Restrictions on paying ben fits to servicepersons.

The Department of Veterans Affai may not pay benefits to a servic person (other than one enrolled in course, courses or a program of ed cation leading to a secondary school ploma or an equivalency certificat unless he or she:

(a) Has completed 3 months of co tributions to the fund or has made

p-sum payment which is the equivnt of at least 3 months of contribuas to the fund;

Has agreed either to have a nthly deduction from his or her itary pay, or has made a lump-sum tribution to the fund, or both, so the 12 months participation reement of $21.5052(a) of this part be met; and

Is serving on active duty in an enment period subsequent to the iniperiod of active duty defined in 5040(b)(3) of this part.

hority: 38 U.S.C. 3221, 3231, Pub. L. 94

R 31. Jan. 2, 1980, as amended at 47 FR Nov. 17, 1982; 54 FR 49977, Dec. 4, 1989]

5135 Advance payments.

A will apply the provisions of 138(a) in making advance payts to veterans and servicemembers. hority: 38 U.S.C. 3241, 3680)

R 52652, Sept. 30, 1999]

5136 Benefit payments-secondary school program.

» Restrictions on payments. (1) The artment of Veterans Affairs may orize benefits to qualified enlisted icepersons for a course, courses or ram of education leading to a secry school diploma or an equivay certificate without charge to enment. Payments may be made only

The individual has contributed to fund for at least 1 month, and

The training is received while the vidual is serving:

The last 6 months of his or her enlistment after December 31,

or

At any time after completing his er first enlistment.

) An individual who is not on active must have been an enlisted servperson while he or she was on active y in order to receive benefits while piled in a course, courses or pron of education leading to a secary school diploma or an equivaBy certificate.

thority: 38 U.S.C. 3231(b))

») Monthly rate. An individual purng a course, courses or a program of

education leading to a secondary school diploma or an equivalency certificate will receive one of two monthly rates.

(1) Unless the individual notifies the Department of Veterans Affairs to the contrary, the monthly rate of his or her educational assistance allowance will be based upon his or her tuition and fees. The Department of Veterans Affairs will make no charge against the entitlement of the individual who is receiving benefits at this monthly rate. The monthly rate will be the rate of tuition and fees being charged to the individual for the course, not to exceed:

(i) $376 for full-time training.

(ii) $283 for three-quarter time training.

(iii) $188 for half-time training. (iv) $94 for quarter-time training. (2) The individual may elect to receive educational assistance allowance at the monthly rate provided in §21.5138. The Department of Veterans Affairs will make an appropriate charge against the individual's entitlement if such an election is made.

(Authority: 38 U.S.C. 3241, 3491)

(c) Method of payment. (1) If the individual's educational assistance allowance is based upon the rate as determined in paragraph (b)(1) of this section, payment shall be made in a lump sum for the term, quarter or semester at the beginning of the month in which training begins.

(2) If the individual elects to have his or her educational assistance allowance computed as provided in §21.5138, payment will be made in the same as for any other residence

manner

training.

(Authority: 38 U.S.C. 3241)

[47 FR 51746, Nov. 17, 1982, as amended at 50 FR 19933, May 13, 1985]

§ 21.5138 Computation of benefit payments and monthly rates.

The Department of Veterans Affairs will compute all monthly rates and benefit payments as stated in this section except for those individuals to whom § 21.5136(b)(1) applies.