**CONTENTS**

**CHAPTER 10. TUTORIAL ASSISTANCE**

PARAGRAPH PAGE

10.01 General (38 U.S.C. 1692; 38 CFR 21.4236) 10-1

10.02 Eligibility 10-1

10.03 Certification by School Official 10-2

10.04 Adjudication Procedures . 10-2

10.05 Charging Entitlement . 10-3

**CHAPTER 10. TUTORIAL ASSISTANCE**

**10.01 GENERAL (38 U.S.C. 1692; 38 CFR 21.4236)**

a\. VA may pay tutorial assistance to a student receiving benefits under
chapter 30, 32, \[35, or 106\], section 903, or the Antiterrorism Act.
The purpose is to help the student pay for any necessary tutoring. The
allowance is a supplement to the claimant\'s monthly educational
assistance allowance.

\(1\) [Chapters 30, 32, \[106,\] and Section 903]{.underline}. The
monthly rate may not exceed the cost of tutoring or \$100. The maximum
amount payable is \$1,200. There is no entitlement charge for the first
\$600 of assistance. After \$600, an entitlement charge is computed by
dividing the amount of tutorial assistance over \$600 by the full-time
rate the student is entitled to for an institutional course. \[Public
Law 102-568 extended entitlement to tutorial assistance for chapter 106
claimants effective October 29, 1992.\]

\(2\) [Chapter 35 and the Antiterrorism Act]{.underline}. The monthly
rate may not exceed the cost of tutoring or \$100. The maximum amount
payable is \$1,200. There is no entitlement charge.

\(3\) The maximum monthly amount of \$100 and the maximum total amount
of \$1,200 were effective November 18, 1988 (Public Law 100-689).

b\. The student, tutor, and certifying official must complete VA Form
22-1990t, Application and Enrollment Certification for Individualized
Tutorial Assistance. The form combines the student\'s application for
tutorial assistance with the school\'s certification of need. In
addition, Finance uses it as a fiscal input document.

c\. All claims for tutorial assistance must be on VA Form 22-1990t. The
student may submit an application at the end of each month. However, the
student may delay submitting the application and include several months.
VA will pay tutorial assistance only for tutoring received during the
1-year period before the date it receives the claim.

d\. \[Tutorial claims should be referred to the office with jurisdiction
over the education benefit. See chapter 1.\]

**10.02 ELIGIBILITY**

a\. The claimant must be enrolled in a post secondary program of
education on a half-time or more basis. A post secondary program of
education may require the student to complete a high school diploma or
its equivalent before admission. The fact that a school may waive the
requirement for a student does not disqualify the program. Schools that
do not require high school diplomas or its equivalent for admission must
offer programs equivalent to those offered by schools that do require
high school diplomas or the equivalent.

EXAMPLE: The school admits all students regardless of whether the
student has completed a high school diploma or its equivalency. The
training program is similar to programs offered by schools that do
require a high school diploma or its equivalent. For purposes of this
chapter, the school offers a post secondary program.

b\. The student must have a deficiency in a unit subject that is part of
his or her approved program.

c\. A student may not use tutorial assistance to improve a satisfactory
grade to raise his or her academic standing. If a passing grade does not
establish credit toward the degree, VA may consider it to be a
deficiency.

d\. Tutoring must occur during the student\'s enrollment period. This
includes weekends and breaks during a term, quarter, or semester. This
does [not]{.underline} include breaks [between]{.underline} terms,
quarters, or semesters.

e\. The student must be enrolled in the unit course and receive tutoring
for the course during the same term.

**10.03 CERTIFICATION BY SCHOOL OFFICIAL**

**a. Certification.** The institution must certify that the claim meets
all of the following criteria:

\(1\) Tutoring is essential to correct a deficiency (see paragraph
10.02b above) and confirmed by the instructor.

\(2\) The tutor meets the school\'s qualifications.

\(3\) The charges do not exceed the usual charges for tutoring.

\(4\) The tutoring is given on an individual basis.

*NOTE: Infrequently, tutoring of small groups of students is allowable.
The subject must require participation and interchange between several
students for successful tutoring. The school must justify group
tutoring. In no event is group tutoring allowed to become a matter of
course.*

**b. Prohibition.** The tutor may not be a close relative (spouse,
parent, child, sister, or brother) of the student.

**10.04 ADJUDICATION PROCESSING**

Upon receipt, send VA Form 22-1990t with the claims, chapter 30, \[EDU
(Education)\] or DEA (Dependents\' Educational Assistance) folder to
Adjudication for review. Adjudication must review all tutorial claims
with the claimant\'s folder.

**a. Signature of Tutor or Certifying Official.** If the student submits
the application without the tutor\'s or school official\'s signature,
make a copy of the form. Return the original to the student and advise
him or her to submit the form to the school\'s certifying official for
signature. Establish the appropriate pending \[supplemental\] end
product.

**b. Development Required.** If the student submits a completed
application and certification, but development is necessary before
processing the claim, establish the appropriate pending \[supplemental\]
end product.

**c. Review of Application.** Review the application to see if it meets
each eligibility requirement. Give special attention to the following:

\(1\) The student must be enrolled in a post secondary program of
education. If there is a question about whether a program is post
secondary, send the claim to the ELR (Education Liaison Representative).
The ELR will review the approval information to determine whether or not
the program is post secondary. If the program is not post secondary,
disallow the claim. (See subpar. f below.)

\(2\) The student should list the specific unit course or courses for
which tutoring is necessary. For example, if the student shows
\"Philosophy\" in item 11 of the application, he or she should specify
the catalog number and title of the course. If the student does not
specify the course, ask the student to furnish the catalog number and
title. Establish the appropriate pending \[supplemental\] end product.

\(3\) If the student is not enrolled in the unit course that he or she
is applying for, disallow the claim. (See subpar. f below.)

\(4\) Each tutoring session must take place during a term, quarter, or
semester. Compare the dates of tutoring with the school\'s calendar. No
payments may be made for any tutoring sessions occurring during a break
between terms.

\(a\) If the student requests payment for tutoring sessions during a
break between terms, do not pay for those sessions.

\(b\) Provide the student with a complete explanation of the reasons for
not paying for any tutoring sessions.

\(5\) An individual receiving tutorial assistance may not provide
tutoring to another student in the same subject.

\(6\) If the student is a graduate student, the alleged deficiency in a
particular course may be questionable.

\(7\) The tutor may not be a close relative. \[(See par. 10.03b.)\]

**d. Remaining Entitlement Affected**

\(1\) If a student receiving chapter 30, 32 or \[106\] or section 903
benefits has less than 6 months of entitlement remaining, determine if
he or she has received more than \$600 of tutorial assistance. If he or
she has, prepare a dictated letter. Explain that processing the tutorial
assistance claim will reduce the student\'s remaining entitlement.
Advise the student that VA will process the tutorial assistance claim if
we do not receive a reply within 30 days. Establish the appropriate
pending \[supplemental\] end product.

\(2\) If the student receiving chapter 30, 32 or \[106\] or section 903
benefits exhausts his or her entitlement during the current term,
quarter, or semester, and has received in excess of \$600 of tutorial
assistance, disallow the claim. Explain that VA would have to change the
ending date of his or her current award to approve the tutorial
assistance claim. Clear the appropriate \[supplemental\] end product.

**e. Approval and Referral.** Upon determining that tutorial assistance
is payable, approve the application by signing it in the block provided.
Refer it with the claimant\'s folder to Finance for payment. Clear the
appropriate \[supplemental\] end product.

**f. Disallowance.** When disallowing a claim for tutorial assistance,
prepare a dictated letter. Provide the student with a complete
explanation of the reason(s) for the disallowance. Enclose VA Form
\[4107\], Notice of Procedural and Appellate Rights, and clear the
appropriate \[supplemental\] end product.

**10.05 CHARGING ENTITLEMENT**

There is an entitlement charge for students receiving chapter 30, 32 and
\[106\] and section 903 who use an excess of \$600 of tutorial
assistance.

a\. For chapter 30 claims where the initial tutorial assistance payment
was before April 30, 1990, Finance will inform Adjudication of the
amount paid in excess of \$600. Adjudication will compute the
entitlement charge and reduce a claimant\'s chapter 30 entitlement by
adjusting the Entitlement Used field.

EXAMPLE: A chapter 30 student\'s full-time monthly rate is \$300. He
uses \$750 of tutorial assistance. The charge to his entitlement is 1/2
month.

\$750 (total tutorial assistance) - \$600 (tutorial assistance without
entitlement charge) =

\$150 / \$300 (chapter 30 full time monthly rate) = 1/2 month.

b\. For chapter 30 claims where the initial tutorial assistance payment
was on or after April 30, 1990, the transaction \[the Finance activity
uses to pay the tutorial assistance in excess of \$600 will reduce the
claimant\'s remaining entitlement. For chapter 32, 106, and section 903
claims, the transaction the Finance activity uses to pay the tutorial
assistance in excess of \$600 reduces the claimant\'s remaining
entitlement.

c\. There is no entitlement charge to students receiving chapter 35 and
Antiterrorism Act, regardless of the amount of tutorial assistance.\]