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Department of Veterans Affairs § 21.3135

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Department of Veterans Affairs § 21.3135 Department of Veterans Affairs § 21.3135 VA will apply the provisions of for the eligible spouse’s award of edu- § 21.4236. cational assistance will be: (1) The end of the quarter or semester (Authority: 38 U.S.C. 3492, 3533(b)) if the school is operated on a quarter or (e) Offsets: 38 U.S.C. chapter 35, com- semester system, and the divorce was pensation, pension and dependency and without fault on the eligible spouse’s indemnity compensation. Payment of de- part; pendents’ educational assistance will (2) The end of the course or a 12-week be subject to offset of amounts of pen- period, whichever is earlier, if the sion, compensation or dependency and school does not operate on a quarter or indemnity compensation paid over the semester system, and the divorce was same period on behalf of a child based without fault on the eligible spouse’s on school attendance. part; or (3) In all other instances, the date (Authority: 38 U.S.C. 3562) the divorce decree becomes final. (f) Final payment. VA may withhold (Authority: 38 U.S.C. 3501(a)(1)(D), 3511(b)) final payment until VA receives proof (e) Remarriage or other relationship of of continued enrollment and adjusts spouse or surviving spouse. (1) If an eligi- the eligible person’s account. ble surviving spouse remarries, the (Authority: 38 U.S.C. 3680) date of discontinuance of his or her award of educational assistance allow- [61 FR 26111, May 24, 1996] ance will be the last date of attendance before remarriage. § 21.3135 Reduction or discontinuance (2) If a spouse or surviving spouse be- dates for awards of educational as- sistance allowance. gins a relationship by living with an- other person and holding himself or The reduction or discontinuance date herself out openly to the public to be of an award of educational assistance the spouse of the other person, the date will be as stated in this section. If of discontinuance of his or her award of more than one basis for reduction or educational assistance allowance will discontinuance is involved, the earliest be the last date of the month before date will control. the spouse’s or surviving spouse’s rela- (a) Ending date of course. Educational tionship began. assistance allowance will be discon- tinued on the ending date of the course (Authority: 38 U.S.C. 101(3), 3501(a)(1)(B)) or period of enrollment as certified by the school. (f) Entrance on active duty (§ 21.3042). If an eligible person enters on active (Authority: 38 U.S.C. 3531, 3680(a)) duty, VA will terminate his or her edu- cational assistance allowance on the (b) Ending date of eligibility. Edu- day before the day of entrance on ac- cational assistance allowance will be tive duty. Brief periods of active duty discontinued on the ending date of the for training, if the school permits such eligible person’s eligibility as deter- an absence without interruption of mined by § 21.3041, § 21.3042, § 21.3043, or training, will not result in termination § 21.3046. of the allowance under this paragraph. (Authority: 38 U.S.C. 3512) (Authority: 38 U.S.C. 3501(d)) (c) General reduction or discontinuance (g) Eligible stepchild ceases to be a step- dates. Educational assistance allow- child or stepchild ceases to be a member of ance will be reduced or discontinued on the veteran’s household. (1) If the child the date specified in § 21.4135. ceases to be the veteran’s stepchild be- cause the veteran and the stepchild’s (Authority: 38 U.S.C. 3482(g), 3531, 3671(g), natural or adoptive parent divorce, the 3672(a), 3680, 3683, 3690, 5112, 5113, 6103, 6104, eligibility ending date is as follows: 6105) (i) If the child ceases to be the vet- (d) Divorce. If the veteran and eligible eran’s stepchild while the child is not spouse divorce, the discontinuance date in training, the ending date of the 243 VerDate Mar<15>2010 09:57 Sep 23, 2011 Jkt 223142 PO 00000 Frm 00253 Fmt 8010 Sfmt 8010 Y:\SGML\223142.XXX 223142 wreier-aviles on DSK6SPTVN1PROD with CFR § 21.3135 38 CFR Ch. I (7–1–11 Edition) child’s period of eligibility is the date member of the veteran’s household. See on which the child ceases to be the vet- § 21.3041(f). eran’s stepchild. (ii) If the child ceases to be the vet- (Authority: 38 U.S C. 101(4)(a), 3501) eran’s stepchild while the child is (h) Veteran no longer rated perma- training in a school organized on a nently and totally disabled. (1) If the vet- term, semester, or quarter basis, the eran on whose service an eligible per- ending date of the child’s eligibility is son’s eligibility is based is no longer the last day of the term, semester, or permanently and totally disabled, VA quarter during which the child ceases will discontinue the educational assist- to be the veteran’s stepchild. ance allowance— (iii) If the child ceases to be the vet- (i) On the last date of the quarter or eran’s stepchild while the child is semester during which VA rated the training in a school not organized on a veteran as no longer permanently and term, semester, or quarter basis, the totally disabled if the eligible person’s ending date of the child’s eligibility is educational institution is organized on the end of the course, or 12 weeks from a quarter or semester basis; or the date on which the child ceases to (ii) On the earlier of the following be the veteran’s stepchild, whichever is dates when the eligible person’s edu- earlier. cational institution is not organized on (2) If the stepchild ceases to be a a quarter or semester basis: member of the veteran’s household, he (A) The last date of the course; or she is no longer eligible. For pur- (B) The end of a 12-week period begin- poses of this paragraph, VA considers a ning on the date VA rated the veteran stepchild a member of the veteran’s as being no longer permanently and to- household even when the stepchild is tally disabled. temporarily not living with the vet- eran, so long as the actions and inten- (Authority: 38 U.S.C. 3511(b), 3512(a)(6)(A)) tions of the stepchild and veteran es- (i) Serviceperson is removed from tablish that normal family ties have ‘‘missing status’’ listing. (1) If the serv- been maintained during the temporary iceperson on whose service an eligible absence. VA will determine the step- person’s eligibility is based is removed child’s eligibility ending date as fol- from the ‘‘missing status’’ listing, VA lows: will discontinue the educational assist- (i) If the stepchild ceases to be a ance allowance— member of the veteran’s household (i) On the last date of the quarter or while the stepchild is not in training, semester during which the service- the eligibility ending date is the date person was removed from the ‘‘missing on which the stepchild ceases to be a status’’ listing if the eligible person’s member of the veteran’s household. educational institution is organized on (ii) If the stepchild ceases to be a a quarter or semester basis; or member of the veteran’s household (ii) On the earlier of the following while the stepchild is training in a dates when the eligible person’s edu- school organized on a term, semester, cational institution is not organized on or quarter basis, the ending date of the a quarter or semester basis: stepchild’s eligibility is the last day of (A) The last date of the course; the term, semester, or quarter during (B) The end of a 12-week period begin- which the stepchild ceases to be a ning on the date the serviceperson was member of the veteran’s household. removed from the ‘‘missing status’’ (iii) If the stepchild ceases to be a listing. member of the veteran’s household while the stepchild is training in a (Authority: 38 U.S.C. 3512(a)(6)(A)) school not organized on a term, semes- (j) Fugitive felons. (1) VA will not ter, or quarter basis, the ending date of award educational assistance allow- the stepchild’s eligibility is the end of ance to an otherwise eligible person for the course, or 12 weeks from the date any period after December 26, 2001, dur- on which the stepchild ceases to be a ing which the— 244 VerDate Mar<15>2010 09:57 Sep 23, 2011 Jkt 223142 PO 00000 Frm 00254 Fmt 8010 Sfmt 8010 Y:\SGML\223142.XXX 223142 wreier-aviles on DSK6SPTVN1PROD with CFR Department of Veterans Affairs § 21.3300 (i) Eligible person is a fugitive felon; (7) One-hand typewriting, or (8) Nondominant handwriting, (ii) Veteran from whom eligibility is (9) Personal, social and work adjust- derived is a fugitive felon. ment training, (2) The date of discontinuance of an (10) Remedial reading, and award of educational assistance allow- (11) Courses at special schools for ance to an eligible person is the later mentally and physically disabled or of— (i) The date of the warrant for the ar- (12) Courses provided at facilities rest of the felon; or which are adapted or modified to meet (ii) December 27, 2001. special needs of disabled students. (Authority: 38 U.S.C. 5313B) (Authority: 38 U.S.C. 3540, 3541, 3543) [61 FR 26111, May 24, 1996, as amended at 70 (d) Duration of special restorative train- FR 25786, May 16, 2005; 73 FR 30491, May 28, ing.
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