**§21.5835 Specific discontinuance dates.**

The following rules will govern reduction and discontinuance dates for
educational assistance and subsistence allowance.

\(a\) *Death of individual.* If an individual dies:

\(1\) VA will discontinue educational assistance effective the last day
of the most recent term, quarter, semester or enrollment period of which
the individual received educational assistance.

\(2\) VA will discontinue subsistence allowance effective the
individual's last date of attendance. (Authority: 10 U.S.C. 2144)

\(b\) *Lump-sum payment.* When a servicemember accepts a lump-sum
payment in lieu of educational assistance, VA will discontinue
educational assistance effective the date on which he or she elects to
receive the lump-sum payment. (Authority: 10 U.S.C. 2146)

\(c\) *Reduction due to decreased training time.*

\(1\) If a decrease in an individual's training time requires a decrease
in educational assistance, the decrease is effective the end of the
month in which the individual become a part-time student or the end of
the term, whichever is earlier.

\(2\) When an individual decreases his or her training time from
full-time to part-time, VA will decrease his or her subsistence
allowance effective the end of the month in which the individual became
a part-time student, or the end of the term, whichever is earlier.
(Authority: 10 U.S.C. 2143, 2144)

\(d\) *Course discontinued, interrupted, terminated or withdrawn from.*
If an individual withdraws, discontinues, ceases to attend, interrupts
or terminates all courses, VA will discontinue educational assistance
and subsistence allowance effective the last date of attendance.
(Authority: 10 U.S.C. 2143)

\(e\) *False claim.* VA will discontinue educational assistance and
subsistence allowance effective the first day of the term for which the
false claim is submitted. (Authority: 10 U.S.C. 2141)

\(f\) *Withdrawal of accreditation.* If an accrediting agency withdraws
accreditation from a course in which an individual is enrolled, VA will
discontinue educational assistance and subsistence allowance effective
the end of the month in which the accrediting agency withdrew
accreditation, or the end of the term, whichever is earlier. (Authority:
10 U.S.C. 2143(c), 2144)

\(g\) *Remarriage of surviving spouse.* VA will discontinue educational
assistance and subsistence allowance effective the last date of
attendance before the date on which the surviving spouse remarries.
(Authority: 10 U.S.C. 2147(d))

\(h\) *Divorce.* If entitlement has been transferred to the veteran's or
servicemember's spouse, and the spouse is subsequently divorced from the
veteran or servicemember, the spouse's award of educational assistance
and subsistence allowance will end on the last date of attendance before
the divorce decree becomes final. (Authority: 10 U.S.C. 2147(d))

\(i\) *Revocation of transfer.* If a veteran or servicemember revokes a
transfer of entitlement, the spouse's or dependent child's award of
educational assistance will end on the effective date of the revocation.
See §21.5743(e). (Authority: 10 U.S.C. 2147)

\(j\) *Dependent child ceases to be dependent: veteran or servicemember
living.* If a veteran or servicemember is living and has transferred
entitlement to his or her dependent child who is not incapable of self
support due to physical or mental incapacity, VA will discontinue the
dependent child's award of educational assistance and subsistence
allowance whenever the child does not meet the definition of a
"dependent child" found in §21.5720(c). The effective date of
discontinuance is the earliest of the following:

\(1\) The child's 21st birthday, if on that date:

\(i\) The veteran or servicemember is not providing over one-half the
child's support, or

\(ii\) The child is not enrolled in a full-time course of study in an
institution of higher learning approved by the Secretary of Defense or
the Secretary of Education, as the case may be;

\(2\) The date, following the child's 21st birthday, on which the
veteran or servicemember stops providing over one-half the child's
support;

\(3\) The date, following the child's 21st birthday, on which he or she
is no longer enrolled in a full-time course of study in an institution
of higher learning approved by the Secretary of Defense or the Secretary
of Education, as the case may be;

\(4\) The child's 23rd birthday;

\(5\) The date the child marries. (Authority: 10 U.S.C. 2147(d))

\(k\) *Dependent child ceases to be dependent: veteran or servicemember
deceased.* If a veteran or servicemember is deceased and his or her
dependent child is not incapable of self support due to physical or
mental incapacity, VA will discontinue the dependent child's award of
educational assistance whenever the child does not meet the definition
of a "dependent child" found in §21.5720(c). The effective date of
discontinuance is the earliest of the following:

\(1\) The day after the child's 21st birthday, if on that date the child
is not enrolled in a full-time course of study in an institution of
higher learning approved by the Secretary of Defense or the Secretary of
Education, as the case may be;

\(2\) The date following the child's 21st birthday on which he or she is
no longer enrolled in a full-time course of study in an institution of
higher learning approved by the Secretary of Defense or the Secretary of
Education, as the case may be;

\(3\) The child's 21st birthday; or

\(4\) The date the child marries. (Authority: 10 U.S.C. 2147(d))

\[51 FR 27026, July 29, 1986, as amended at 61 FR 20729, May 8, 1996\]

*Next Section is §21.5838*