AGE DISTINCTIONS IN STATUTES GOVERNING FEDERAL FINANCIAL ASSISTANCE PROGRAMS OF THE DEPARTMENT OF VETERANS AFFAIRS-Continued

Program

Statute

Section and Age Distinction

Section 3512 establishes periods of eligibility. Pro-
vides that the educational program to which an
eligible child within the meaning of this chapter is
entitled to may be afforded, .. during the pe-
riod beginning on the person's eighteenth birth-
day, or on the successful completion of the per-
son's secondary schooling, whichever first oc-
curs, and ending on the person's twenty-sixth
birthday, except that-(1) if the person is above
the age of compulsory school attendance under
applicable State law, and the Secretary deter-
mines that the person's best interests will be
served thereby, such period may begin before
the person's eighteenth birthday; (2) if the per-
son has a mental or physical handicap, and.
the person's best interests will be served by pur-
suing a program of special restorative training or
a specialized course of vocational training ap-
proved under section 3536 of this title, such pe-
riod may begin before the person's fourteenth
birthday; (3) if the Secretary finds that the parent
from whom eligibility is derived has a service-
connected total disability permanent in nature, or
if the death of the parent from whom eligibility is
derived occurs, after the eligible person's eight-
eenth birthday but before the person's twenty-
sixth birthday, then (unless paragraph (4) ap-
plies) such period shall end 8 years after, which-
ever date last occurs: (A) the date on which the
Secretary first finds that the parent from whom
eligibility is derived has a service-connected total
disability permanent in nature, or (B) the date of
death of the parent from whom eligibility is de-
rived; (4) if the person serves on duty with the
Armed Forces as an eligible person after the
person's eighteenth birthday but before the per-
son's twenty-sixth birthday, then such period
shall end 8 years after the person's first dis-
charge or release from such duty with the Armed
Forces in no event shall such period be ex-
tended beyond the person's thirty-first birthday
by reason of this paragraph; and (5)(A) if the
person becomes eligible by reason of the the
provisions of section 3501(a)(1)(A)(ii) of this title
after the person's eighteenth birthday but before
the person's twenty-sixth birthday, then (unless
clause (4) of this section applies) such period
shall end eight years after the date on which the
person becomes eligible by reason of such pro-
visions, but in no event shall such period be ex-
tended beyond the person's thirty-first birthday
by reason of this clause.
Section 3513 provides that the parent or guardian
of a person or the eligible person (if such person
has attained legal majority) for whom the edu-
cational assistance is sought under Chapter 35
shall submit an application to the Secretary,
which shall be in such form and contain such in-
formation as the Secretary shall prescribe.

"

CFDA

AGE DISTINCTIONS IN STATUTES GOVERNING FEDERAL FINANCIAL ASSISTANCE PROGRAMS OF THE DEPARTMENT OF VETERANS AFFAIRS-Continued

Program

Statute

Section and Age Distinction

Section 3562 provides that the commencement of
a program of education or special restorative
training under Chapter 35 shall be a bar, "(1) to
subsequent payments of compensation, depend-
ency and indemnity compensation, or pension
based on a death of a parent to an eligible per-
son over the age of eighteen by reason of pur-
suing a course in an educational institution, or
(2) to increased rates, or additional amounts of
compensation, dependency and indemnity com-
pensation, or pension because of such a person
whether eligibility is based upon the death or
upon the total permanent disability of the parent".
Section 3563 states that "The Secretary shall no-
tify the parent or guardian of each eligible per-
son as defined in section 3501(a)(1)(A) of this
title of the educational assistance available to
such person under Chapter 35. Such notification
shall be provided not later then the month in
which such eligible person attains such person's
thirteenth birthday or as soon thereafter as fea-
sible".

CFDA

AGE DISTINCTIONS IN REGULATIONS GOVERNING FEDERAL FINANCIAL ASSISTANCE PROGRAMS OF THE DEPARTMENT OF VETERANS AFFAIRS

Program

Veterans' Benefits

Survivors' and Dependents'
Educational Assistance.

Regulation

44

Section and Age Distinction

Adjudication (38 CFR part 3). Section 3.57 defines the term "child" of a veteran
as,
an unmarried person who is a legiti-
mate child, a child legally adopted before the
age of 18 years, a stepchild who acquired that
status before the age of 18 years and who is a
member of the veteran's household or was a
member of the veteran's household at the time
of the veteran's death, or an illegitimate child;
and (i) who is under the age of 18 years; or (ii)
who, before reaching the age of 18 years, be-
came permanently incapable of self-support; or
(iii) who, after reaching the age of 18 years and
until completion of education or training (but not
after reaching the age of 23 years) is pursuing a
course of instruction at an approved educational
institution. (2) For the purposes of determining
entitlement of benefits based on a child's school
attendance, the term "child" of the veteran also
includes the following unmarried persons: (i) A
person who was adopted by the veteran be-
tween the ages of 18 or 23 years. (ii) A person
who became a stepchild of a veteran between
the ages of 18 or 23 years and who is a member
of the veteran's household at the time of the vet-
eran's death. . . ."
Section 3.807(d) sets forth basic eligibility criteria
for the program of educational assistance under
38 U.S.C. Chapter 35. Defines the term "child"
as the son or daughter of a veteran who meets
the requirements of 38 CFR 3.57, except as to
age or marital status.
Section 21.3021 describes beneficiaries of the pro-
gram. Paragraph (a) defines the term "eligible
person" as, "(1) A child of a: (i) Veteran who
died of a service-connected disability.
Paragraph (b) defines the term "child" as a son
or daughter of a veteran as defined in 38 CFR
3.807(d).

Adjudication (38 CFR part 3) ..

Survivors' and Dependent's
Educational Assistant Under
38 U.S.C. Chapter 35 (38
CFR part 21, subpart C).

CFDA

64.117

AGE DISTINCTIONS IN REGULATIONS GOVERNING FEDERAL FINANCIAL ASSISTANCE PROGRAMS OF THE DEPARTMENT OF VETERANS AFFAIRS-Continued

Section and Age Distinction

Section 21.3023 states that: "(a) Child; age 18. A
child who is eligible for educational assistance
and who is also eligible for pension, compensa-
tion dependency and indemnity compensation
based on school attendance must elect whether
he or she will receive educational assistance or
pension, compensation or dependency and in-
demnity compensation. (1) An election of edu-
cation assistance either before or after the age
of 18 years is a bar to subsequent payment or
increased rates or additional amounts of pen-
sion, compensation or dependency and indem-
nity compensation on account of a child based
on school attendance on or after the age of 18
years.... (2) Payment of pension, compensa-
tion or dependency and indemnity compensation
to or on account of a child after his or her 18th
birthday does not bar subsequent payments of
educational assistance.... (b) Child; under 18
or helpless. Educational assistance allowance or
special restorative training allowance may gen-
erally be paid concurrently with pension, com-
pensation or dependency and indemnity com-
pensation for a child under the age of 18 years
or for a helpless child based on the service of
one or more parents. Where, however, entitle-
ment is based on the death of more than one
parent in the same parental line, concurrent pay-
ments in two or more cases may not be author-
ized if the death of one such parent occurred on
or after June 9, 1960. In the latter cases, an
election of educational assistance and pension,
compensation or dependency and indemnity
compensation in one case does not preclude a
reelection of benefits before attaining age 18 or
while helpless based on the service of another
parent in the same parental line.

Section 21.3040 sets forth criteria for the com-
mencement and termination of the program of
education or special restorative training for an el-
igible child under 38 U.S.C. Chapter 35. Para-
graph (a) of this section provides that a program
of education or special restorative training may
not be afforded prior to the eligible persons' 18th
birthday or the completion of secondary school-
ing, whichever is earlier, unless it is determined
through counseling that the best interests of the
eligible person will be served by entering training
at an earlier date and the eligible person has
passed: (1) Compulsory school attendance age
under State law; or (2) his or her 14th birthday
and due to physical or mental handicap may
benefit by special restorative or specialized vo-
cational training. Paragraph (c) of this section
provides that no person is eligible for educational
assistance who reached his or her 26th birthday
on or before the effective date of a finding of
permanent total service-connected disability, or
on or before the date the veteran's death oc-
curred, or on or before the 91st day of listing by
the Secretary concerned of the member of the
Armed Forces or whose service eligibility is
claimed as being is one of the missing cat-
egories identified in 38 CFR 21.3021(a) (1)(im)
and (3)(ii). Paragraph (d) provides that no per-
son is eligible for educational assistance beyond
his or her 31st birthday, except in certain excep-
tional cases.

CFDA

AGE DISTINCTIONS IN REGULATIONS GOVERNING FEDERAL FINANCIAL ASSISTANCE PROGRAMS OF THE DEPARTMENT OF VETERANS AFFAIRS-Continued

Section and Age Distinction

Section 21.3041 sets forth periods of eligibility for
an eligible child. Paragraph (a) of this section
provides the basic beginning date for the edu-
cational assistance as the person's 18th birthday
or successful completion of secondary schooling.
whichever occurs first. Paragraph (b) authorizes
certain exceptions to the basic beginning date, if
(1) A person has passed compulsory school at-
tendance under applicable State law, or (2) has
passed his or her 14th birthday and has a phys-
ical or mental handicap. Paragraph (c) provides
the basic ending date as the person's 26th birth-
day. Paragraphs (d) and (e) set forth criteria for
modifying or extending the ending date.
Section 21.3300 provides that VA may prescribe
special restorative training for the purpose of en-
abling an eligible child to pursue a program of
education, special vocational program, or other
appropriate goal, where needed to overcome or
lessen the effects of a physical or mental dis-
ability.

Section 21.4102(a) requires VA to provide coun-
seling for the purpose set forth in 38 CFR
21.4100 to an eligible child when: (1) The eligi-
ble child may require specialized vocational or
special restorative training, or (2) the eligible
child has reached compulsory school attendance
age under State law, but has neither reached his
or her 18th birthday nor completed secondary
schooling, or (3) if requested by the eligible child
or his or her parent or guardian for the purpose
of preparing an educational plan.
Section 21.4139(b) provides that VA will make pay-
ment of educational assistance under 38 U.S.C.
Chapter 35 to the eligible person if: (1) He or
she has attained majority and has no known
legal disability or (2) is in the eligible person's
best interests, and there is no reason not to des-
ignate the eligible person as payee. VA may pay
minors under this provision.

Section 21.4141 provides that payment of edu-
cational assistance allowance under 38 U.S.C.
Chapter 35 will be subject to offsets of amounts
of pension, compensation, or dependency and
indemnity compensation paid over the same pe-
riod on behalf of a child based on school attend-
ance.

Section 17.47(e) provides that within the limits of
VA facilities, hospital or nursing home care may
be provided to any veteran with a nonservice-
connected disability if such a veteran is 65 years
of age or older.

CFDA

64.009

64.010

64.015

64.016

AGE DISTINCTIONS IN REGULATIONS GOVERNING FEDERAL FINANCIAL ASSISTANCE PROGRAMS OF THE DEPARTMENT OF VETERANS AFFAIRS-Continued