(b) Other payments. An individual must be pursuing a program of education in order to receive payments. To ensure that this is the case the provisions of this paragraph must be met.

(1) VA will pay educational assistance to a veteran or servicemember (other than one pursuing a program of apprenticeship or other on-job training or a correspondence course, one who qualifies for an advance payment or one who qualifies for a lump-sum payment) only after

(i) The educational institution has certified his or her enrollment as provided in §21.7152; and

(ii) VA has received from the individual a verification of the enrollment.

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

(2) VA will pay educational assistance to a veteran pursuing a program of apprenticeship or other on-job training only after

(i) The training establishment has certified his or her enrollment in the training program as provided in § 21.7152; and

(ii) VA has received from the veteran and the training establishment a certification of hours worked.

(3) VA will pay educational assistance to a veteran or servicemember who is pursuing a correspondence

course only after

(i) The educational institution has certified his or her enrollment;

(ii) VA has received from the veteran or servicemember a certification as to the number of lessons completed and serviced by the educational institution; and

(iii) VA has received from the educational institution a certification or an endorsement on the veteran's or servicemember's certificate, as to the number of lessons completed by the veteran or servicemember and serviced by the educational institution.

(Authority: 38 U.S.C. 3034, 3680(b))

(c) Payment for intervals between terms. (1) In administering 38 U.S.C. chapter 30, VA will apply the provisions of § 21.4138(f) when determining whether a veteran is entitled to payment for an interval between terms. References to § 21.4205 in § 21.4138(f) shall be deemed to refer to §21.7136.

(2) The Director of the VA facility jurisdiction may authorize payment be made for breaks, including interva between terms within a certified peri of enrollment, during which the ed cational institution is closed under established policy based upon an ord of the President or due to an em gency situation.

(i) If the Director has authorized pa ment due to an emergency school cl ing resulting from a strike by the fa ulty or staff of the school, and the cl ing lasts more than 30 days, the Dire tor, Education Service, will decide payments may be continued. The dec sion will be based on a full assessme of the strike situation. Further pa ments will not be authorized if in h or her judgment the school closing wi not be temporary.

(ii) An educational institution, whi disagrees with a decision made und this paragraph by a Director of a V facility, has one year from the date the letter notifying the educational i stitution of the decision to reque that the decision be reviewed. The r quest must be submitted in writing the Director of the VA facility whe the decision was made. The Directo Education Service, shall review th evidence of record and any other pert nent evidence the educational institu tion may wish to submit. The Directo Education Service, has the authorit either to affirm or reverse a decision the Director of a VA facility.

(3) A veteran, who is pursuing course leading to a standard college de gree, may transfer between consecutiv school terms from one approved edu cational institution to another for th purpose of enrolling in, and pursuing, similar course at the second edu cational institution. If the interval be tween terms does not exceed 30 day VA shall, for the purpose of payin educational assistance, consider th veteran to be enrolled in the first edu cational institution during the inter val.

(Authority: 38 U.S.C. 3034, 3680)

(d) Payee. (1) VA will make paymen to the veteran or servicemember or t a duly appointed fiduciary. The VA wil make direct payment to the veteran of

(a) Payments of educational assistance shall not be duplicated. An individual, entitled to educational assistance under 38 U.S.C. chapter 34, who establishes entitlement under 38 U.S.C. chapter 30, shall not be eligible to receive educational assistance under 38 U.S.C. chapter 30 before January 1, 1990. An individual who is entitled to educational assistance under 38 U.S.C. chapter 30 and any of the provisions of law listed in this paragraph must elect which benefit he or she will receive for the program of education he or she wishes to pursue. The provisions of law

are:

(1) 38 U.S.C. chapter 31, (2) 38 U.S.C. chapter 32,

(3) 38 U.S.C. chapter 35, (4) 10 U.S.C. chapter 1606, (5) 10 U.S.C. chapter 107,

(6) The Hostage Relief Act of 1980, (Pub. L. 96-499, 94 Stat. 1967-1974, and 5 U.S.C. 5561 note), and

(7) The Omnibus Diplomatic Security and Antiterrorism Act of 1986 (Pub. L. 99-399, 100 Stat. 887-889 (10 U.S.C. 21812185)).

(Authority: 38 U.S.C. 3033, 3681)

(b) Election of benefits. The veteran must elect in writing which benefit he or she wishes to receive. The veteran may make a new election at any time, but may not elect more than once in a calendar month.

(Authority: 38 U.S.C. 3033; Pub. L. 98-525)

(c) Nonduplication-Federal program. Payment of educational assistance is prohibited to an otherwise eligible veteran or servicemember

(1) For a unit course or courses which are being paid for entirely or partly by the Armed Forces during any period he or she is on active duty;

(2) For a unit course or courses which are being paid for entirely or partly by the Department of Health and Human Services during any period that he or she is on active duty with the Public Health Service; or

(3) For a unit course or courses which are being paid for entirely or partly by the United States under the Government Employees' Training Act.

(Authority: 38 U.S.C. 3034, 3681)

[53 FR 1757, Jan. 22, 1988, as amended at 55 FR 28389, July 11, 1990; 57 FR 15025, Apr. 24, 1992; 58 FR 46867, Sept. 3, 1993; 61 FR 20729, May 8, 1996]

§ 21.7144 Overpayments.

(a) Prevention of overpayments. In administering benefits payable under 38 U.S.C. chapter 30, VA will apply the provisions of § 21.4008. See § 21.7133.

(Authority: 38 U.S.C. 3034, 3690(b))

(b) Liability for overpayments. (1) The amount of the overpayment of educational assistance paid to a veteran or servicemember constitutes a liability of that veteran or servicemember.

(Authority: 38 U.S.C. 3032, 3034, 3482(g), 3680 3687)

(b) Length of the enrollment period cov ered by the enrollment certification. (1) Educational institutions organized on a term, quarter or semester basis gen erally shall report enrollment for the term, quarter, semester, ordinary school year or ordinary school year plus summer term. If the certification covers two or more terms, the educational institution will report the dates for the break between terms if a term ends and the following term does not begin in the same or the next calendar month or if the veteran elects not be paid for the intervals between terms. The educational institution must submit a separate enrollment certification for each term, quarter or semester when the certification is for(i) A servicemember, or

(ii) A veteran who

(A) Is training on a less than one-half time basis, or

(B) Is incarcerated in a Federal, State or local prison or jail for conviction of a felony.

(2) Educational institutions organized on a year-round basis will report enrollment for the length of the course. The certification will include a report of the dates during which the educational institution closes for any intervals designated in its approval data as breaks between school years.

(3) When a veteran enrolls in independent study leading to a standard college degree, the educational institution's certification will include

(i) The enrollment date, and

(ii) The ending date for the period being certified. If the educational institution has no prescribed maximum time for completion, the certification must include an ending date based on the educational institution's estimate for completion.

(Authority: 38 U.S.C. 3034, 3684; Pub. L. 98525)

Approved by the Office of Management and Budget under control number 2900-0073)

53 FR 1757, Jan. 22, 1988, as amended at 55 FR 28390, July 11, 1990; 61 FR 6790, Feb. 22, 1996]

$21.7153 Progress and conduct.

(a) Satisfactory pursuit of program. In order to receive educational assistance for pursuit of a program of education, an individual must maintain satisfactory progress. VA will discontinue educational assistance if the individual does not maintain satisfactory progress. Progress is unsatisfactory if the individual does not satisfactorily progress according to the regularly prescribed standards of the educational institution he or she is attending.

(Authority: 38 U.S.C. 3034, 3474; Pub. L. 98525)

(b) Satisfactory conduct. In order to receive educational assistance for pursuit of a program of education, an individual must maintain satisfactory conduct according to the regularly prescribed standards and practices of the educational institution in which he or she is enrolled. If the individual will be

to VA each month of his or her enrollment during the period for which the

individual is to be paid. This

verification shall be in a form prescribed by the Secretary.

(a) Exceptions to the monthly verification requirement. An individual does not have to submit a monthly verification as described in the introductory text of this section when the individual

(1) Is enrolled in a correspondence course;

(2) Has received a lump-sum payment for the training completed during a month; or

(3) Has received an advance payment for the training completed during a month.

(Authority: 38 U.S.C. 3034, 3684)

(b) Items to be reported on all monthly verifications. (1) The monthly verification for all veterans and servicemembers will include a report on the following items when applicable:

(i) Continued enrollment in and actual pursuit of the course;

(ii) The individual's unsatisfactory conduct, progress, or attendance;

(iii) The date of interruption or termination of training;

(iv) Changes in the number of credit hours or in the number of clock hours of attendance other than those described in § 21.7156(a);

(v) Nonpunitive grades; and

(vi) Any other changes or modifications in the course as certified at enrollment.

(2) The verification of enrollment must

(i) Contain the information required for release of payment;

(ii) If required or permitted by the Secretary to be submitted on paper, be signed by the veteran or servicemember on or after the final date of the reporting period, or if permitted by the Secretary to be submitted by telephone in a manner designated by the Secretary, be submitted in the form and manner prescribed by the Secretary on or after the final date of the reporting period; and

(iii) If submitted on paper, clear show the date on which it was signe

(Authority: 38 U.S.C. 3034, 3684; Pub. L. 9 525, Pub. L. 99-576)

(c) Additional requirements for appre ticeships and other on-job training pr grams.

(1) When a veteran is pursuing an a prenticeship or other on-job traini he or she must certify training mont ly by reporting the number of hou worked.

(2) The information provided by th veteran must be verified by the trail ing establishment.

(Authority: 38 U.S.C. 3034, 3680(a))

(The information collection requirements: this section have been approved by the Offic of Management and Budget under contr number 2900-0465)

[55 FR 28390, July 11, 1990, as amended at FR 15026, Apr. 24, 1992; 57 FR 24368, June 1992; 61 FR 26117, May 24, 1996; 63 FR 1403 Mar. 24, 1998]

§ 21.7156 Other required reports. (a) Reports from veterans an servicemembers. (1) A veteran 0 servicemember enrolled full time in program of education for a standar term, quarter, or semester must repor without delay to VA:

(i) A change in his or her credit hour or clock hours of attendance if tha change would result in less than full time enrollment;

(ii) Any change in his or her pursui that would result in less than full-time enrollment; and

(iii) Any interruption or termination of his or her attendance.

(2) A veteran or servicemember no described in paragraph (a)(1) of thi section must report without delay to