**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 2003-04 standard academic year the amount of this
assistance may not exceed \$4,219.

\(2\) 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 2003-04 standard academic year an amount determined by:

> \(A\) Multiplying the number of whole months in the enrollment period
> by \$468.78 for a full-time student or by \$234.39 for a part-time
> student;
>
> \(B\) Multiplying any additional days in the enrollment period by
> \$15.63 for a full-time student or by \$7.81 for a part-time student;
> and
>
> \(C\) Adding the two results. If the enrollment period is as long as
> or longer than the standard academic year, this amount will be
> decreased by 2 cents for a full-time student and decreased by 1 cent
> for a part-time student.

\(3\) The amount of educational assistance payable to each surviving
spouse or 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 2003-04 standard academic year an amount determined by:

\(A\) Multiplying the number of whole months in the enrollment period by
\$468.78 for a full-time student or by \$234.39 for a part-time student;

\(B\) Multiplying any additional days in the enrollment period by
\$15.63 for a full-time student or by \$7.81 for a part-time student;
and

\(C\) Adding the two results. If the enrollment period is as long as or
longer than a standard academic year, this amount will be decreased by 2
cents for a full-time student and decreased by 1 cent for a part-time
student; and

\(D\) Dividing the amount determined in paragraph (b)(3)(ii)(C) of this
section 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 which the individual is enrolled, VA
will make payment as soon as practicable. (Authority: 10 U.S.C. 2143)

\[51 FR 27026, July 29, 1986, as amended at 52 FR 35241, Sept. 18, 1987;
53 FR 50521, Dec. 16, 1988; 55 FR 31181, Aug. 1, 1990; 56 FR 44008,
Sept. 6, 1991; 58 FR 50845, Sept. 29, 1993; 60 FR 46533, Sept. 7, 1995;
60 FR 54435, Oct. 24, 1995; 61 FR 28754, June 6, 1996; 62 FR 10455, Mar.
7, 1997; 62 FR 63848, Dec. 3, 1997; 64 FR 44661, Aug. 17, 1999; 65 FR
13693, Mar. 14, 2000; 65 FR 18151, Apr. 6, 2000; 66 FR 32226, June 14,
2001; 67 FR 34405, May 14, 2002; 68 FR 65400, Nov. 20, 2003; 69 FR
62210, Oct. 25, 2004\]

**Supplement *Highlights* references**: 8(5), 20(1), 27(1a), 29(1),
36(1), 45(1), 48(2), 55(1), 59(1), 65(1), 66(3).

*Next Section is §21.5822*

Reserved