The Code of Federal Regulations of the United States of America

(a) Computation of entitlement factor. In computing monthly rates and benefit payments the Department of Veterans Affairs will compute an entitlement factor in all cases except for individuals in a secondary school program whose benefits are computed as provided in §21.5136(b)(1).

(1) For residence training the entitlement factor will be computed as follows:

(i) Enter the number of full months in (1) the applicable benefit period.

(ii) Enter the number of full (a) days in excess of the num

ber of full months.

(3)

(4)

(vii) Divide line d by line e. Enter the (7) quotient.

maining months of entitlement.

5. Divide line h by line i. Enter the (11) quotient.

This is the individual's portion.)

Enter two times the amount in line 11 (12) This is the Department of Veterans Affairs's portion of benefit payments for training completed before January 1. 1962. The Secretary of Defense will contribute this portion of the benefit payment for training that occurs after December 31, 1981.)

Enter the amount of the (j) additional contributions, if any, remaining in the fund

which the Secretary of Defense contributed for the individual.

Multiply line f by line j. (k) Enter the result.

Enter the individual's remaining months of entitleTent.

(1)

22 If the veteran is in an apprenticeship (15) other on-job training and fails to complete 120 hours of training in a month. reduce the amount on line 14 proportionately. In this computation round the number of hours worked to the nearest multiple of eight. Enter The result.

If the veteran is pursuing certain (16) curses which do not lead to a standand college degree, has excessive ab

ces, and incurred those absences before December 18, 1989, reduce the acant on line 14 sufficiently to avoid raving for any excessive absence. Enter the result.

Authority: 38 U.S.C. 3233 (1989), 38 U.S.C. ax2) (1974); Pub. L. 101–237)

14 The benefit payment is either

The amount shown on line 14 unless the veteran is in apprenticeship or other on-job training and has failed to complete 120 tours of training in a month during the benefit period in which case the benefit payment is the amount shown on line 15, or the veteran is pursuing certain courses which do not lead to a standard college degree in which case the benefit payment is the amount shown on line 16, or

(Authority: 38 U.S.C. 3233; Pub. L. 99-576)

(ii) The total amount of the remaining contributions in the fund made by the individual and the VA and the Secretary of Defense on behalf of the individual, whichever is less.

(Authority: 38 U.S.C. 3231; Pub. L. 94-502)

(c) Monthly rates. The Department of Veterans Affairs will compute the monthly rates of payment for individuals in residence training by repeating the calculations in paragraphs (b)(1) through (11) of this section except that instead of entering the entitlement factor on line f, paragraph (b)(1), the Department of Veterans Affairs will enter 1 for a full-time student, .75 for a three-quarter time student, .5 for a half-time student, or .25 for a one-quarter time student.

(Authority: 38 U.S.C. 3231)

[45 FR 31, Jan. 2, 1980, as amended at 46 FR 32024, June 19, 1981; 47 FR 51747, Nov. 17, 1982; 48 FR 3369, Jan. 25, 1983; 48 FR 50530, Nov. 2, 1983; 52 FR 3429, Feb. 4, 1987; 53 FR 34498, Sept. 7, 1988; 55 FR 31582, Aug. 3, 1990; 57 FR 38615, Aug. 26, 1992; 58 FR 31911, June 7, 1993] § 21.5139 Computation of benefit payments for incarcerated individuals. Notwithstanding the provisions of $21.5138, some incarcerated individuals may have their educational assistance allowance terminated or reduced. The provisions of this section shall not apply in the case of any individual who is pursuing a program of education while residing in a halfway house or participating in a work-release program in connection with that individual's conviction of a felony.

(a) No educational assistance allowance payable to some incarcerated individuals. VA will pay no educational assistance allowance to an individual who

(1) Is incarcerated in a Federal, State or local penal institution for conviction of a felony, and

(2) Is enrolled in a course where his or her tuition and fees are being paid by a Federal program (other than one administered by VA) or by a State or local program, and

(3) Has incurred no expenses for supplies, books or equipment. (Authority: 38 U.S.C. 3231(e))

(b) Reduced educational assistance allowance for some incarcerated individuals. (1) VA will pay a reduced educational assistance allowance to a veteran who

(i) Is incarcerated in a Federal, State or local penal institution of conviction of a felony, and

(ii) Is enrolled in a course

(A) For which the individual pays some (but not all) of the charges for tuition and fees, or

(B) For which a Federal program (other than one administered by VA) or a State or local program pays all the charges for tuition and fees, but which requires the individual to pay for books, supplies and equipment.

(2) The monthly rate of educational assistance allowance payable to such an individual shall be the lesser of the following:

(i) The monthly rate determined by adding the tuition and fees that the veteran must pay and the charge to the veteran for the cost of necessary supplies, books and equipment and prorating the total on a monthly basis, or (ii) The monthly rate for the individual as determined by §21.5138(c) of this part.

(Authority: 38 U.S.C. 3231(e))

[55 FR 31583, Aug. 3, 1990]

$21.5141 Tutorial assistance.

An individual who is otherwise eligible to receive benefits under the PostVietnam Era Veterans' Educational Assistance Program may receive supplemental monetary assistance to provide tutorial services. In determining whether VA will pay the individual this assistance, VA will apply the provisions of § 21.4236.

(Authority: 38 U.S.C. 3234, 3492)

[61 FR 29030, June 7, 1996]

STATE APPROVING AGENCIES

§ 21.5150 State approving agencies.

In administering chapter 32, title 38, United States Code, VA will apply the provisions of the following sections:

(a) Section 21.4150 (except par. (e))— Designation;

(b) Section 21.4151-Cooperation; (c) Section 21.4152-Control by agencies of the United States;

(d) Section 21.4153-Reimbursem of expenses;

(e) Section 21.4154-Report of act ties;

(f) Section 21.4155-Evaluations State approving agency performance (Authority: 38 U.S.C. 3241, 3670-3674. 36 Pub. L. 94-502, Pub. L. 100-323)

[55 FR 12483, Apr. 4, 1990, as amended a FR 1526, Jan. 22, 1996]

SCHOOLS

$21.5200 Schools.

In the administration of benefits} able under the provisions of chapte title 38, U.S.C., the Department of1 erans Affairs will apply the follow sections:

(a) Section 21.4200-Definitions (1 the exception of paragraph (a)).

(Authority: 38 U.S.C. 3241; Pub. L. 94 Pub. L. 99-576)

(b) Section 21.4201-Restrictions enrollment; percentage of student ceiving financial support.

(Authority: 38 U.S.C. 3241, 3473(d))

(Authority: 38 U.S.C. 3241, 3690)

(d) Section 21.4203-Reports schools Requirements.

(Authority: 38 U.S.C. 3241, 3684; Pub. L 502, Pub. L. 99-576)

(e) Section 21.4204 (except paragra (a) and (e))-Periodic certifications.

(Authority: 38 U.S.C. 3241, 3684)

(f) [Reserved]

(g) Section 21.4206-Reporting fee. (h) Section 21.4209-Examination records.

(Authority: 38 U.S.C. 3241, 3690; Pub. L. 502, Pub. L. 99-576)