Editorial Note on Part 36
Editorial Note: Nomenclature changes to part 36 appear at 61 FR 7217, Feb. 27, 1996, and 86 FR 51275, Sept. 15, 2021.

§ 36.4402 Grant types. ( a ) *2101(a) grant.* The 2101(a) grant provides monetary assistance for the purpose of acquiring specially adapted housing pursuant to one of the following plans: ( 1 ) Where an eligible individual elects to construct a dwelling on land to be acquired by the eligible individual, the Secretary will pay, up to the aggregate amount of assistance available for 2101(a) grants, not more than 50 percent of the eligible individual's total costs for acquiring the land and constructing the dwelling.
( 2 ) Where an eligible individual elects to construct a dwelling on land already owned by the eligible individual, the Secretary will pay, up to the aggregate amount of assistance available for 2101(a) grants, not more than the lesser of: ( i ) 50 percent of the eligible individual's costs for the land and the construction of the dwelling, or
( ii ) 50 percent of the eligible individual's costs for the dwelling, plus the full amount of the unpaid balance, if any, of the cost to the individual of the necessary land.
( 3 ) Where an eligible individual elects to adapt a housing unit already owned by the eligible individual, to conform to the requirements of the eligible individual's disability, the Secretary will pay, up to the aggregate amount of assistance available for 2101(a) grants, the greater of: ( i ) The eligible individual's costs for making such adaptation(s), or
( ii ) 50 percent of the eligible individual's costs for making such adaptation(s), plus the lesser of: ( A ) 50 percent of the eligible individual's costs for acquiring the housing unit, or
( B ) The full amount of the unpaid balance, if any, of the cost to the individual of the housing unit.
( 4 ) Where an eligible individual has already acquired a suitably adapted housing unit, the Secretary will pay, up to the aggregate amount of assistance available for 2101(a) grants, the lesser of: ( i ) 50 percent of the eligible individual's cost of acquiring such housing unit, or
( ii ) The full amount of the unpaid balance, if any, of the cost to the individual of the housing unit.
( b ) *2101(b) grant.* ( 1 ) The 2101(b) grant provides monetary assistance for the purpose of acquiring specially adapted housing pursuant to one of the following plans: ( i ) Where an eligible individual elects to construct a dwelling on land to be acquired by the eligible individual or a member of the eligible individual's family;
( ii ) Where an eligible individual elects to construct a dwelling on land already owned by the eligible individual or a member of the eligible individual's family;
( iii ) Where an eligible individual elects to adapt a housing unit already owned by the eligible individual or a member of the eligible individual's family; or
( iv ) Where an eligible individual elects to purchase a housing unit that is already adapted to the requirements of the eligible individual's disability.
( 2 ) Regardless of the plan chosen pursuant to paragraph (b)(1) of this section, the Secretary will pay the lesser of: ( i ) The actual cost, or, in the case of an eligible individual acquiring a housing unit already adapted with special features, the fair market value, of the adaptations determined by the Secretary to be reasonably necessary, or
( ii ) The aggregate amount of assistance available for 2101(b) grants.
( c ) *TRA grant.* The TRA grant provides monetary assistance for the purpose of adapting a housing unit owned by a member of the eligible individual's family, in which the eligible individual intends to reside temporarily. The Secretary will pay, up to the amounts specified at 38 U.S.C. 2102A(b) for TRA grants, the actual cost of the adaptations.
( d ) *Duplication of benefits.* ( 1 ) If an individual is determined eligible for a 2101(a) grant, he or she may not subsequently receive a 2101(b) grant.
( 2 ) If an individual is determined eligible for a 2101(b) grant, and becomes eligible for a 2101(a) grant, he or she may receive 2101(a) grants and TRA grants up to the aggregate amount of assistance available for 2101(a) grants. However, any 2101(b) or TRA grants received by the individual before he or she was determined eligible for the 2101(a) grant will count towards the six grant limit in § 36.4403.
( 3 ) If the Secretary has provided assistance to an eligible individual under 38 U.S.C. 1717, the Secretary will not provide assistance under this subpart that would result in duplicate payments for the same adaptations. However, nothing in this subpart prohibits an eligible individual from utilizing the assistance authorized under 38 U.S.C. 1717 and 38 U.S.C. chapter 21 simultaneously, provided that no duplicate payments result.
(Authority: 38 U.S.C. 2102, 2102A, 2104)
[75 FR 56876, Sept. 17, 2010, as amended at 86 FR 56216, Oct. 8, 2021]