certifies the individual's enrollment to VA.

(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)

$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. 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 the number of credit hours or clock hours of training in which he or she is enrolled or otherwise alters the duration of the enrollment.

(2) The report shall include

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

(ii) The amount of educational expenses, enumerated in §21.5810(b)(2), which the individual will incur during the revised period of enrollment; and

(iii) The effective date of the change in the number of credit hours or clock hours, including any revision in the term of the enrollment.

(3) The individual or VA may ask the school to verify the individual's reports of changes in training.

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

(Approved by the Office of Management and Budget under control number 2900-0156)

§ 21.5816 False or fraudulent claims.

Each individual, or school officer or official shall be subject to civil penalties or criminal penalties, or both, under applicable Federal law for submitting a false or fraudulent report, revision to a report, or verification of accuracy of a report used to support an individual's claim, even though the report or verification is provided gratuitously or voluntarily to VA.

(Authority: 31 U.S.C. 3729-3731, 18 U.S.C. 1001)

PAYMENTS-EDUCATIONAL ASSISTANCE AND SUBSISTENCE ALLOWANCE

§ 21.5820 Educational assistance.

(a) Educational assistance. Educational assistance will be paid to cover the educational expenses incurred by an eligible servicemember, veteran, spouse, surviving spouse or dependent child while attending an accredited institution. Educational assistance payments will be made to the eligible individual.

(1) The educational expenses are limited to

(i) Tuition,

(ii) Fees,

(iii) Cost of books,

(iv) Laboratory fees, and

(v) Shop fees for consumable materials used as part of classroom or laboratory instruction.

(2) Educational expenses may not exceed those normally incurred by students at the same educational institution who are not eligible for benefits from the educational assistance test. program.

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

(b) Amount of educational assistance. (1) The amount of educational assistance will be adjusted annually by regulation. For the 2001-02 standard academic year the amount of this assistance may not exceed $3,690.

(2) The amount of educational assistance payable to a servicemember, veteran, spouse or dependent child of a living servicemember or veteran for an enrollment period will be the lesser of the following:

(i) The total charges for educational expenses the eligible individual incurs during the enrollment period, or

(ii) For the 2001-02 standard academic year an amount determined by:

(A) Multiplying the number of whole months in the enrollment period by $410.00 for a full-time student or by $205.00 for a part-time student;

(B) Multiplying any additional days in the enrollment period by $13.67 for a full-time student or by $6.83 for a parttime student; and

or

(C) Adding the two results.

(3) The amount of educational assistance payable to each surviving spouse dependent child of a deceased servicemember or veteran for an enrollment period will be the lesser of the following:

(i) The total charges for educational expenses the eligible individual incurs during the enrollment period, or

(ii) For the 2001-02 standard academic year an amount determined by:

(A) Multiplying the number of whole months in the enrollment period by $410.00 for a full-time student or by $205.00 for a part-time student;

(B) Multiplying any additional days in the enrollment period by $13.67 for a full-time student or by $6.83 for a parttime student; and

(C) Adding the two results; and

(D) Dividing the amount determined in paragraph (b)(3)(ii)(C) of this section

1

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 I which the individual is enrolled, VA will make payment as soon as practicable.

Authority: 10 U.S.C. 2143)

31 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(a))

(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. 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.

(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.

(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]

(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 §§ 21.5700, 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 §§ 21.5700, 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

(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.

(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 attendance.

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

Authority: 10 U.S.C. 2144)

(g) Correction of military records. When & 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. 2142)

$21.5834 Discontinuance dates: General.

(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.