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(2) If the servicemember dies on active duty, the date of the servicemember's death.

certifies the individual's enrollment to VA.

Authority: 10 U.S.C. 2148)

COURSES

$21.5800 Courses.

(a) Courses permitted. An individual may receive educational assistance and subsistence allowance only while receiving instruction in a postsecondary course offered at any institution in the United States (including the District of Columbia, the Commonwealth of Puerto Rico, Guam and the U.S. Virgin Islands) that is accredited by a nation ally recognized accrediting agency or association or by an accrediting agency or association recognized by the Secretary of Education.

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

(b) Content of certification. The certification should include

(1) The number of credit hours or clock hours in which the individual is enrolled;

(2) The amount of the cost of tuition, fees, books, laboratory fees, and shop fees for consumable materials used as part of classroom or laboratory instruction which the individual will incur during the period of enrollment; and

(3) The beginning and ending dates of the period of enrollment.

(Authority: 10 U.S.C. 2142)

(c) Length of certification. A school should not certify more than one term, quarter or semester at a time.

(Authority: 10 U.S.C. 2141) (Approved by the Office of Management and Budget under control number 2900-0073)

Aathority: 10 U.S.C. 2142)

(b) Courses precluded. An individual shall receive neither educational assistance nor subsistence allowance while pursuing any of the following courses:

(1) A course offered at the secondary level or below;

(2) A course offered by an institution located outside the United States (except in Guam, the Commonwealth of Puerto Rico and the U.S. Virgin Islands);

(3) A course offered by a nonaccredited institution; and

(4) Courses which do not require the student to receive instruction at the institution. These include (i) Correspondence courses,

(ii) Combination correspondence residence courses, and

(iii) Courses offered through independent study.

$21.5812 Reports of withdrawals and

terminations of attendance and

changes in training time. (a) Reports of withdrawals and terminations of attendance. (1) An individual shall report to VA facility of jurisdiction whenever he or she withdraws from school or terminates his or her attendance. He or she shall report the last day of attendance. The individual may request that the school verify this information.

(2) The report shall include

(i) The date of withdrawal or last date of attendance, as appropriate; and

(ii) The amount of educational expenses actually incurred by the individual during the period of enrollment before the date of withdrawal, or if the individual does not formally withdraw when he or she stops attending the amount of educational expenses actually incurred by the individual during the period of enrollment before the last date of attendance.

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

CERTIFICATIONS $21.5810 Certifications of enrollment.

(a) Enrollment certifications. An individual who wishes to receive educational assistance and subsistence allowance shall ensure that the accredited institution he or she is attending

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

(b) Reports of changes in training. (1) An individual shall report to the VA field station of jurisdiction each time

the individual increases or decreases (v) Shop fees for consumable matethe number of credit hours or clock rials used as part of classroom or labhours of training in which he or she is oratory instruction enrolled or otherwise alters the dura (2) Educational expenses may not extion of the enrollment.

ceed those normally incurred by stu: (2) The report shall include

dents at the same educational institu(i) The new number of credit hours or

tion who are not eligible for benefits clock hours in which the individual is from the educational assistance test enrolled;

program. (ii) The amount of educational expenses, enumerated in $21.5810(b)(2),

(Authority: 10 U.S.C. 2143(a)) which the individual will incur during (b) Amount of educational assistance the revised period of enrollment; and (1) The amount of educational assist

(iii) The effective date of the change ance will be adjusted annually by regu in the number of credit hours or clock lation. For the 2001-02 standard aca hours, including any revision in the demic year the amount of this assist term of the enrollment.

ance may not exceed $3,690. (3) The individual or VA may ask the

(2) The amount of educational assist school to verify the individual's reports ance payable to a servicemember, vet of changes in training.

eran, spouse or dependent child of a liv

ing servicemember or veteran for al (Authority: 10 U.S.C. 2141)

enrollment period will be the lesser o

the following: (Approved by the Office of Management and

(i) The total charges for educationa Budget under control number 2900-0156)

expenses the eligible individual incur $ 21.5816 False or fraudulent claims.

during the enrollment period, or

(ii) For the 2001-02 standard academi Each individual, or school officer or vear an amount determined by: official shall be subject to civil pen

(A) Multiplying the number of whol alties or criminal penalties, or both, months in the enrollment period b under applicable Federal law for sub

$410.00 for a full-time student or b mitting a false or fraudulent report, re

$205.00 for a part-time studenti vision to a report, or verification of ac (B) Multiplying any additional day curacy of a report used to support an in the enrollment period by $13.67 for individual's claim, even though the re- full-time student or by $6.83 for a part port or verification is provided gratu- time student: and itously or voluntarily to VA.

(C) Adding the two results. (Authority: 31 U.S.C. 3729-3731, 18 U.S.C. 1001)

(3) The amount of educational assist

ance payable to each surviving spous PAYMENTS-EDUCATIONAL ASSISTANCE

or dependent child of a decease AND SUBSISTENCE ALLOWANCE

servicemember or veteran for an er

rollment period will be the lesser of th $ 21.5820 Educational assistance.

following:

(i) The total charges for education (a) Educational assistance. Edu

expenses the eligible individual incul cational assistance will be paid to

during the enrollment period, or cover the educational expenses in

(ii) For the 2001-02 standard academi curred by an eligible servicemember,

year an amount determined by: veteran, spouse, surviving spouse or de

(A) Multiplying the number of whol pendent child while attending an ac

months in the enrollment period b credited institution. Educational as

$410.00 for a full-time student or b sistance payments will be made to the

$205.00 for a part-time student; eligible individual.

(B) Multiplying any additional day (1) The educational expenses are lim

in the enrollment period by $13.67 for ited to

full-time student or by $6.83 for a par (i) Tuition,

time student; and (ii) Fees,

(C) Adding the two results; and (iii) Cost of books,

(D) Dividing the amount determine (iv) Laboratory fees, and

in paragraph (b)(3)(ii)(C) of this sectio

by the number of the deceased veteran's dependents receiving educational assistance for that enrollment period. If one or more dependents is receiving educational assistance for part of the enrollment period, the amount calculated in paragraph (b)(3)(ii)(C) will be prorated on a daily basis. The amount for each day when more than one dependent is receiving educational assistance will be divided by the number of dependents receiving educational assistance on that day. The total amount for the days when only one dependent is receiving educational assistance will not be divided.

Authority: 10 U.S.C. 2143, 2145)

(c) Time of educational assistance payments. VA will make payments of educational assistance at the end of the first month of each semester, quarter or term in which the individual is entitled to such a payment, provided VA receives a timely enrollment certification. If VA receives the enrollment certification so late that payment cannot be made at the end of the month in which the individual is enrolled, VA will make payment as soon as practicable.

(b) Amount of subsistence allowance. (1) The following rules govern the amount of subsistence allowance payable to veterans and to spouses and dependent children of veterans who are alive during the period for which subsistence allowance is payable. As stated in paragraph (a) of this section, these amounts are payable only for periods during which the veterans, spouses or dependent children are entitled to educational assistance.

(i) If a person is pursuing a course of instruction on a full-time basis, his or her subsistence allowance is $919 per month for training pursued during the 2001–02 academic year.

(ii) If a person is pursuing a course of instruction on other than a full-time basis, his or her subsistence allowance is $459.50 per month for training pursued during the 2001-02 academic year.

(iii) If a person does not pursue a course of instruction for a complete month VA will prorate the subsistence allowance for that month on the basis of 1/30th of the monthly rate for each day the person is pursuing the course.

(2) The following rules govern the amount of subsistence allowance payable to surviving spouses and dependent children of deceased veterans and servicemembers.

(i) VA will determine the monthly rate of subsistence allowance payable to a person for a day during which he or she is pursuing a course of instruction full-time during the 2001–02 academic year by dividing $919 per month by the number of the deceased veteran's dependents pursuing a course of instruction on that day.

(ii) VA will determine the monthly rate of subsistence allowance payable to a person for a day during which he or she is pursuing a course of instruction on other than a full-time basis during the 2001–02 academic year by dividing $459.50 per month by the number of the deceased veteran's dependents pursuing a course of instruction on that day.

Authority: 10 U.S.C. 2143) (51 FR 27026, July 29, 1986, as amended at 52 FR 35241, Sept. 18, 1987; 53 FR 50521, Dec. 16, 1988; 55 FR 31181, Aug. 1, 1990; 56 FR 44008, Sept. 6. 1991; 58 FR 50845, Sept. 29, 1993; 61 FR 28754, June 6, 1996; 62 FR 10455, Mar. 7, 1997; 62 FR 63848, Dec. 3, 1997; 64 FR 44661, Aug. 17, 1999; 65 FR 13693, Mar. 14, 2000; 65 FR 18151, Apr. 6, 2000; 66 FR 32226, June 14, 2001; 67 FR 34405, May 14, 2002]

$21.5822 Subsistence allowance.

(a) Subsistence allowance. Except as provided in paragraph (a)(2) of this section, VA will pay subsistence allowance to a veteran, spouse, surviving spouse or dependent child during any period for which he or she is entitled to educational assistance. No subsistence allowance is payable to:

(1) A servicemember, even if he or she is entitled to educational assistance, or

(2) A spouse or dependent child of a servicemember, even if the spouse or dependent child is entitled to educational assistance.

(Authority: 10 U.S.C. 2144, 2145)

(iii) The total amount of subsistence allowance payable to a person for a month is the sum of the person's daily rates for the month.

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

(ii) No further benefits under the cational assistance test program be paid to the individual or to an to whom entitlement may be ti ferred.

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

(c) Time of subsistence allowance payments. VA will make payments of subsistence allowance on the first day of the month following the month for which subsistence allowance is due, provided that VA receives a timely enrollment certification. If VA receives the enrollment certification so late that payment cannot be made on the first day of the month following the month for which subsistence allowance is due, VA will make payment as soon as practicable.

$21.5828 False or misleading

ments. (a) False statements. An indiv who attempts to obtain education sistance or subsistance allowanc both through submission of fals misleading statements is subjec civil penalties or criminal penalti both under applicable Federal law.

(Authority: 10 U.S.C. 2144) (51 FR 27026, July 29, 1986, as amended at 52 FR 35241, Sept. 18, 1987; 53 FR 50521, Dec. 16, 1988; 55 FR 31181, Aug. 1, 1990; 56 FR 44008, Sept. 6, 1991; 58 FR 50845, Sept. 29, 1993; 61 FR 28754, June 6, 1996; 62 FR 10455, Mar. 7, 1997; 62 FR 63848, Dec. 3, 1997; 64 FR 44661, Aug. 17, 1999; 64 FR 46974, Aug. 27, 1999; 65 FR 13694, Mar. 14, 2000; 66 FR 32226, June 14, 2001; 67 FR 34405, May 14, 2002]

(Authority: 31 U.S.C. 3729-3731; 18 U.S.C

(b) Effect of false statements on s quent payments. A determination false or misleading statements been made will not constitute a b payments based on training to w the false or misleading statement not apply.

(Authority: 10 U.S.C. 2141, 2144)

$21.5830 Payment of educational

sistance. (a) Timing and release of payments will pay educational assistance to individual on the last day of the endar month during which the vidual enters or reenters training.

$ 21.5824 Nonduplication: Federal

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

(b) Period covered by payments. payments cover those expenses, li in $21.5820(a) incurred for the period ginning on the commencing date of individual's subsistence allowance ending on the ending date of the i vidual's subsistence allowance. 821.5831.

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

$ 21.5831 Commencing date of sub

progams. (a) Duplication of some benefits prohibited. An individual who is receiving educational assistance under programs authorized by 38 U.S.C. Chapters 30, 31, 32, 34, 35 or 36 may not receive concurrently either educational assistance or subsistence allowance under the $821.5700, 21.5800 and 21.5900 series of regulations for the same program of education, but may receive them sequentially.

(b) Debts may result from duplication. (1) If an individual receives benefits under 38 U.S.C. Chapters 30, 31, 32, 34, 35 or 36 for training, and he or she has previously received educational assistance or subsistence allowance (or both) under $821.5700, 21.5800, 21.5900 series of regulations the amount of the benefits received under 38 U.S.C. Chapters 30, 31, 32, 34 or 35 shall not constitute a debt due the United States.

(2) If an individual receives benefits under 38 U.S.C. Chapter 34, and had signed an agreement with the Department of Defense to waive those benefits in return for receiving benefits under the educational assistance test program:

(i) Any benefits already paid under the educational assistance test program will constitute a debt due the United States, and

ence allowance. The commencing date of an awar increased award of subsistence all ance will be determined by this sect

(a) Entrance or reentrance. Latest the following dates:

(1) Date certified by school or est lishment under paragraph (b) or (c) this section.

(2) Date 1 year before the date of receipt of the application or enrollment certification.

(3) Date of reopened application under paragraph (d) of this section.

(4) In the case of a spouse, surviving spouse, or dependent child, the date that transfer of eligibility and entitlement to the individual was effective.

$21.5834 Discontinuance dates: Gen

eral. (a) Educational assistance. Although educational assistance is paid only once in a term, quarter, or semester, VA may discontinue it under the circumstances stated in $21.5835. The discontinuance may cause an overpayment. (See also $21.5838.) If the individual dies during an enrollment period, the provisions of $21.5835(a) will apply, even if other types of discontinuances are involved. In all other cases where more than one type of reduction or discontinuance is involved, the earliest date found in $21.5835 will control.

Authority: 10 U.S.C. 2144)

(b) Certification by the school-course leads to a standard college degree. The date of registration or the date of reporting where the student is required by the school's published standard to report in advance of registration, but not later than the date the individual first reports for classes.

Authority: 10 U.S.C. 2144)

(C) Certification by school or establishment-course does not lead to a standard college degree. First date of class at tendance.

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

(b) Subsistance allowance. The effective date of a reduction or discontinuance of subsistence allowance will be as specified in $21.5835. If more than one type of discontinuance is involved. the earliest date will control.

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

(d) Reopened application after abandonment. Date of receipt in VA of application or enrollment certification, whichever is later.

(e) Increase due to increased training time. The date the school certifies the individual became a full-time student.

(1) Liberalizing laws and administrative ligues. In accordance with facts found, but not earlier than the effective date of the act or administrative issue.

(Authority: 10 U.S.C. 2144) $ 21.5835 Specific discontinuance

dates. The following rules will govern reduction and discontinuance dates for educational assistance and subsistence allowance.

(a) Death of individual. If an individual dies

(1) 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) VA will discontinue subsistence allowance effective the individual's

dance.

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

(g) Correction of military records. When á veteran becomes eligible following corection or modification of military records under 10 U.S.C. 1552 or change, correction or modification of a discharge or dismissal under 10 U.S.C. 1553; or other competent military authority, the commencing date of subsistence allowance will be in accordance with the facts found, but not earlier than the date the change, correction or modification was made by the service department.

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

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

Authority: 10 U.S.C. 2142)

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