**CONTENTS**

**CHAPTER 8. INTERVAL PAYMENT**

PARAGRAPH PAGE

8.01 General Restrictions on Interval Payment 8-1

8.02 Additional Restrictions for Summer-Term Intervals 8-2

8.03 Nonstandard Terms Other Than Summer Terms 8-4

8.04 Intervals Between Overlapping Terms 8-4

8.05 Delimiting Date Occurs During Interval Between Terms 8-5

8.06 Overpayments Involving Interval Pay. 8-6

8.07 Entitlement Charge for Intervals Between Terms With Non credit
Courses 8-6

**CHAPTER 8. INTERVAL PAYMENT**

**8.01 GENERAL RESTRICTIONS ON INTERVAL PAYMENT**

a\. Adjudication must apply the rules in this chapter to all benefit
programs covered in this manual except for section 901.

b\. An \"interval\" is the period of time between regularly scheduled
terms or other periods of instruction. \"Term,\" \"semester,\"
\"quarter,\" \"summer term\" and \"summer session\" have specific
meanings (see pt. I, ch. 2). However, in this chapter \"term\" means
\"semester,\" \"quarter,\" \"summer term,\" and \"summer session\"
unless otherwise specified.

c\. Pay for the interval between terms except in the following cases:

\(1\) Intervals between terms at the same school which span a
[full]{.underline} [calendar month]{.underline} or more.

EXAMPLE: The interval from December 19, 1990, to February 2, 1991, spans
the full calendar month of January. Therefore, do not pay for this
interval.

\(2\) Intervals between terms which exceed 30 days but are less than a
full calendar month if the student transfers from one school to another
[without]{.underline} a change of program.

\(3\) Intervals between terms, regardless of length, when the student
transfers from one school to another and also changes programs.

*NOTE: If the student remains in the same school but changes programs,
authorize payment for the interval if otherwise appropriate.*

\(4\) Intervals between terms, regardless of length, if the student is:

\(a\) On active duty, or

\(b\) Training at a less-than-half time rate on the [last]{.underline}
[day]{.underline} of the term preceding the interval;

*NOTE: The restriction in subparagraph (4)(b) above applies even if a
reduction in course load during the last month did not actually result
in a reduction in benefits.*

\(5\) Intervals which occur between school years at a school which is
not organized on a term, quarter or semester basis.

\(6\) Intervals between terms for which a student requests, before award
authorization, that no benefits be paid.

\(7\) Intervals in which the student will exhaust his or her entitlement
and it is to the student\'s advantage not to receive benefits for the
interval to conserve entitlement. (Use FL 22-893, Non-Payment of
Benefits During Intervals Between Terms and Repurchase of Entitlement,
to explain to the student that benefits have not been authorized for the
interval to conserve enough entitlement to allow re enrollment in a
subsequent term.)

\(8\) Intervals between terms when the student [withdraws]{.underline}
from all courses in the term preceding the interval or discontinues
training before the scheduled start of an interval in a school not
organized on a term, quarter or semester basis.

\(9\) Intervals which are described in paragraphs 8.02c and 8.03.

**8.02 ADDITIONAL RESTRICTIONS FOR SUMMER-TERM INTERVALS**

a\. 38 CFR 21.4200(b)(5) defines a \"summer term\" as the whole of the
period of instruction at a school which takes place between ordinary
school years. A summer term may be divided into several summer sessions.

b\. The rule given in subparagraph c below applies to the interval
between any term, semester, or quarter, and a summer term or session, as
well as to intervals between individual summer sessions. This rule is in
addition to the rules given in paragraph 8.01c(1) through (8).

c\. Do [not]{.underline} pay for a summer-term interval which exceeds 30
days unless the summer term is at least [8 weeks]{.underline} long.

EXAMPLE 1: A student is enrolled full time at the same school as
follows:

  --------------------- --------------------- ----------------------------
  **Beginning Date**    **Ending Date**       

  1/12/91               5/8/91                **Spring Semester**

                                              **Summer Term** (9 weeks):

  6/10/91               7/10/91               First Session (31 days)

  7/20/91               8/18/91               Second Session (30 days)

  9/12/91               12/18/91              **Fall Semester**

                                              

  **Correct Payment:**  1/12/91 - full time   12/19/91 - none

                                              
  --------------------- --------------------- ----------------------------

Explanation: The student is eligible for payment for both the
spring-summer and summer-fall intervals since the summer term is at
least 8 weeks long and both intervals are less than a full calendar
month. (See subpar. c below on the method for computing the length of a
summer term.) Authorize payment for the interval between the summer
sessions since the interval does not exceed 30 days.

EXAMPLE 2: A student is enrolled 3/4 time at the same school as follows:

  -------------------- ---------------------- ----------------------------
  **Beginning Date**   **Ending Date**        

  1/12/91              5/15/91                **Spring Semester**

                                              **Summer Term (7 Weeks):**

  6/11/91              7/10/91                First Session

                                              -52 days (total)

  7/6/91               8/1/91                 Second Session

  9/7/91               12/23/91               **Fall Semester**

                                              

  **Correct Payment:** 1/12/91 - 3/4 time     

                       7/6/91 - full time     

                       7/11/91 - 3/4 time     8/2/91 - none

                       9/7/91 3/4 time        12/24/91 - none
  -------------------- ---------------------- ----------------------------

Explanation: The student is eligible for payment for the spring-summer
interval since that interval is less than 30 days although the summer
term, which consisted of two overlapping sessions, is less than 8 weeks.

*NOTE: Although the overlapping days are not counted twice, the
combination of the two 3/4 training times constitutes full-time training
from July 6, 1991, to July 10, 1991.*

The student is not eligible for payment for the summer-fall interval
since that interval is more than 30 days, although less than a full
calendar month, and the summer term is less than 8 weeks.

d\. To determine the length of a summer term, count the number of days
from the beginning to the end of each session during the summer term
that the student will attend as certified by the school. If the sessions
overlap, do not count the overlapping days twice. Then use one of the
methods described below, whichever is to the advantage of the student,
to determine whether the 8-week requirement has been met.

\(1\) Only One Rounding Permitted. First, add the number of days in each
session to arrive at the number representing the total days of summer
attendance. Second, divide this sum by 7; consider a remainder of 4 or
more days to be a whole week; disregard a remainder of 3 days or less.
If the sessions overlap, do not count the overlapping days twice.

\(2\) More Than One Rounding Permitted. First, divide the number of days
in each scheduled session separately by 7. Consider a remainder of 4 or
more days as a whole week; disregard a remainder of 3 days or less.
Second, add the number of weeks in each scheduled session. If the
sessions overlap, do not count the overlapping days twice. You must
compute the length of the summer term by both methods whenever the
length of a term is at issue for interval payment. A difference can
occur due to the rounding when dividing the number of days by 7 as
indicated by the following examples:

EXAMPLE 1:

  ------------------ -------------------- --------------------------------
  **Beginning Date** **Ending Date**      

                                          

  6/15/90            7/10/90              First Summer Session (26 Days)

                                          

  7/13/90            8/7/90               Second Summer Session (26 Days)
  ------------------ -------------------- --------------------------------

EXAMPLE 2:

+------------------+-------------------+-------------------------------+
| **Beginning      | **Ending Date**   |                               |
| Date**           |                   |                               |
+------------------+-------------------+-------------------------------+
|                  |                   |                               |
+------------------+-------------------+-------------------------------+
| 6/10/90          | 7/10/90           | First Summer Session (31      |
|                  |                   | Days)                         |
+------------------+-------------------+-------------------------------+
|                  |                   |                               |
+------------------+-------------------+-------------------------------+
| 7/13/90          | 8/4/90            | Second Summer Session         |
|                  |                   |                               |
|                  |                   | (23 Days)                     |
+------------------+-------------------+-------------------------------+

Explanation: The term in EXAMPLE 1 is 8 weeks long using the method
described in subparagraph (2) above (26 days / 7 = 3 weeks, 5 days,
rounded to 4 weeks in each session, or 8 weeks in the term), but only 7
weeks by the method in subparagraph (1) (26 days + 26 days = 52 days / 7
= 7 weeks, 3 days, rounded to 7 weeks). In EXAMPLE 2, the term is 8
weeks using subparagraph (1) (31 days + 23 days = 54 days / 7 = 7 weeks,
5 days, rounded to 8 weeks), but is 7 weeks by the method in
subparagraph (2) (31 days / 7 = 4 weeks, 3 days, rounded to 4 weeks in
the first session plus 23 days / 7 = 3 weeks, 2 days, rounded to 3 weeks
in the second session, or 7 weeks in the term). In both examples, use
the method which provides a term length of 8 weeks to determine if
interval payment is proper.

**8.03 NONSTANDARD TERMS OTHER THAN SUMMER TERMS**

Some terms, such as accelerated terms scheduled in the fall, winter, or
spring, do not meet the definition of a standard \"quarter\" or
\"semester\" and are not \"summer terms\" either. Do not authorize
payment for the interval between such nonstandard terms unless they are
**[consecutive]{.underline}** nonstandard terms. This rule is in
addition to the rules given in paragraph 8.01c(1) through (8).

EXAMPLE 1: A student is enrolled at the same school as follows:

  ------------------ -------------------- ---------------------- ---------
  **Beginning Date** **Ending Date**                             

  11/4/90            12/13/90             **Term 1** (Student    
                                          enrolled full time     

                                          in nonstandard term)   

  1/6/91             1/17/91              **Term 2** (Student    
                                          [not]{.underline}      
                                          enrolled)              

  1/20/91            3/21/91              **Term 3** (Student    
                                          enrolled full time     

                                          in nonstandard term)   

                                                                 

  **Correct          11/4/90 - full time  12/14/90 - none        
  Payment:**                                                     

                     1/20/91 - full time  3/22/91 - none         
  ------------------ -------------------- ---------------------- ---------

Explanation: The student is not eligible for payment for the interval
between terms 1 and 3 because these nonstandard terms are **[not
consecutive]{.underline}**.

EXAMPLE 2:

  -------------------- ----------------- ------------------------- -------
  **Beginning Date**   **Ending Date**                             

  8/26/90              12/13/90          **Term 1** (Student       
                                         enrolled full time        

                                         in standard semester)     

  1/6/91               1/17/91           Term 2 (Student           
                                         [not]{.underline}         
                                         enrolled in               

                                         nonstandard term)         

  1/20/91              3/7/91            Term 3 (Student enrolled  
                                         full time                 

                                         in nonstandard term)      

                                                                   

  **Correct Payment:** 8/26/90 - full    3/8/91 - none             
                       time                                        
  -------------------- ----------------- ------------------------- -------

Explanation: There is no prohibition against paying for an interval
between a standard semester (such as term 1) and a nonstandard term
(such as term 3). If term 1 were a nonstandard term, you would not
authorize interval payment since terms 1 and 3 are [not]{.underline}
consecutive terms.

**8.04 INTERVALS BETWEEN OVERLAPPING TERMS**

If a student is enrolled in overlapping terms either before or after an
interval (at the same or different schools), determine interval payment
as follows:

a\. Treat the ending date of each term as though it were the student\'s
last date of training before the interval.

b\. Treat the beginning date of each term as though it were the
student\'s first date of training after the interval.

c\. Review the interval payment which would result from each combination
of beginning and ending dates. Select the combination of ending and
beginning dates which would result in the greatest overall payment to
the student.

d\. Authorize payment for the interval at the training time in effect on
the ending date preceding the interval as determined in subparagraph c
above. VA shall not reduce during the interval, but it shall increase
the rate if warranted by such training.

EXAMPLE:

  -------------------- ---------------------- ---------------------- -----
  **Beginning Date**   **Ending Date**                               

  9/8/90               12/12/90               9 credit hours at      
                                              school A               

                                                                     

  9/15/90              12/19/90               3 credit hours at      
                                              school B               

                                                                     

  1/7/91               5/19/91                9 credit hours at      
                                              school A               

                                                                     

  1/19/91              5/25/91                3 credit hours at      
                                              school B               

                                                                     

  **Correct Payment:** 9/8/90 - 3/4 time                             

                       9/15/90 - full time                           

                       5/20/91 - 1/4 time     5/26/91 - none         
  -------------------- ---------------------- ---------------------- -----

Explanation: The basis for the interval payment is the December 12,
1990, ending date and the January 19, 1991, beginning date. Pay the
full-time rate for this period since the training time was full time on
December 12, 1990. This combination of ending and beginning dates
results in the greatest total payment to the student. (If the interval
payment were based on the December 12, 1990, and January 7, 1991 dates,
the student would receive less. The other possible combinations of
ending and beginning dates - December 19, 1990 and January 7, 1991, or
December 19, 1990 and January 19, 1991 - may not be considered since the
training time on December 19, 1990, was less than half time.)

**8.05 DELIMITING DATE OCCURS DURING INTERVAL BETWEEN TERMS**

A student is eligible for education benefits until his or her delimiting
date if that date occurs during an interval between terms provided that
payment of benefits during the interval is otherwise proper. If payment
for the interval is proper, follow these steps:

a\. Authorize benefits through the last day of the term preceding the
student\'s delimiting date.

b\. Establish the proper control (see pt. III, ch. 1) to confirm that
the student actually enrolled for the term following the interval.

c\. At the end of the control period, contact the school to confirm the
student\'s enrollment during the term following the interval. Establish
local procedures for contacting schools. If the student is enrolled for
this term, authorize benefits for the portion of the interval before the
delimiting date. If the student was not enrolled for this term, no
further award action is necessary.

**8.06 OVERPAYMENTS INVOLVING INTERVAL PAY**

a\. Do not create an overpayment for an interval between terms if a
student terminates his or her attendance from all courses (without
mitigating circumstances) in the term following the interval. Terminate
benefits in this case effective the first day of the following term.

EXAMPLE: A student is enrolled full time as follows:

Fall semester from September 15, 1990, to December 19, 1990;

Spring semester from January 5, 1991, to May 12, 1991.

The student\'s award properly pays benefits through the interval between
semesters. The student began attendance in the spring semester but
withdrew from all courses with non punitive grades on March 14, 1991;
mitigating circumstances for the withdrawal were not found. Terminate
the award effective January 5, 1991. Benefits for the interval are not
overpaid because the student actually attended a portion of the spring
semester after the interval.

b\. If a student receives benefits for an interval, but does not
actually begin the following term, terminate benefits on the last date
of attendance. In the example in subparagraph a above, if the student
did not attend any part of the spring semester, terminate payment
effective December 19, 1990.

**8.07 ENTITLEMENT CHARGE FOR INTERVALS BETWEEN TERMS WITH NON CREDIT
COURSES**

If an eligible person under chapter 35 is enrolled in entitlement free
courses (i.e., non credit deficiency, remedial, or refresher courses or
high school courses) and interval payment is payable, be sure to charge
the proper entitlement for the interval. Ordinarily, the entitlement
charge for the interval is the same as for the preceding term. However,
if the eligible person\'s 5 months of entitlement free training expires
during the interval, begin charging full entitlement on the day after
the entitlement free training expires. (See pt. VII for a full
explanation of entitlement free training under ch. 35.)