AGE DISTINCTIONS IN STATUTES GOVERNING FEDERAL FINANCIAL ASSISTANCE PROGRAMS OF THE DEPARTMENT OF VETERANS AFFAIRS-Continued
Section and Age Distinction
Section 3512 establishes periods of eligibility. Pro- vides that the educational program to which an eligible child within the meaning of this chapter is entitled to may be afforded, .. during the pe- riod beginning on the person's eighteenth birth- day, or on the successful completion of the per- son's secondary schooling, whichever first oc- curs, and ending on the person's twenty-sixth birthday, except that-(1) if the person is above the age of compulsory school attendance under applicable State law, and the Secretary deter- mines that the person's best interests will be served thereby, such period may begin before the person's eighteenth birthday; (2) if the per- son has a mental or physical handicap, and. the person's best interests will be served by pur- suing a program of special restorative training or a specialized course of vocational training ap- proved under section 3536 of this title, such pe- riod may begin before the person's fourteenth birthday; (3) if the Secretary finds that the parent from whom eligibility is derived has a service- connected total disability permanent in nature, or if the death of the parent from whom eligibility is derived occurs, after the eligible person's eight- eenth birthday but before the person's twenty- sixth birthday, then (unless paragraph (4) ap- plies) such period shall end 8 years after, which- ever date last occurs: (A) the date on which the Secretary first finds that the parent from whom eligibility is derived has a service-connected total disability permanent in nature, or (B) the date of death of the parent from whom eligibility is de- rived; (4) if the person serves on duty with the Armed Forces as an eligible person after the person's eighteenth birthday but before the per- son's twenty-sixth birthday, then such period shall end 8 years after the person's first dis- charge or release from such duty with the Armed Forces in no event shall such period be ex- tended beyond the person's thirty-first birthday by reason of this paragraph; and (5)(A) if the person becomes eligible by reason of the the provisions of section 3501(a)(1)(A)(ii) of this title after the person's eighteenth birthday but before the person's twenty-sixth birthday, then (unless clause (4) of this section applies) such period shall end eight years after the date on which the person becomes eligible by reason of such pro- visions, but in no event shall such period be ex- tended beyond the person's thirty-first birthday by reason of this clause. Section 3513 provides that the parent or guardian of a person or the eligible person (if such person has attained legal majority) for whom the edu- cational assistance is sought under Chapter 35 shall submit an application to the Secretary, which shall be in such form and contain such in- formation as the Secretary shall prescribe.
AGE DISTINCTIONS IN STATUTES GOVERNING FEDERAL FINANCIAL ASSISTANCE PROGRAMS OF THE DEPARTMENT OF VETERANS AFFAIRS-Continued
Section and Age Distinction
Section 3562 provides that the commencement of a program of education or special restorative training under Chapter 35 shall be a bar, "(1) to subsequent payments of compensation, depend- ency and indemnity compensation, or pension based on a death of a parent to an eligible per- son over the age of eighteen by reason of pur- suing a course in an educational institution, or (2) to increased rates, or additional amounts of compensation, dependency and indemnity com- pensation, or pension because of such a person whether eligibility is based upon the death or upon the total permanent disability of the parent". Section 3563 states that "The Secretary shall no- tify the parent or guardian of each eligible per- son as defined in section 3501(a)(1)(A) of this title of the educational assistance available to such person under Chapter 35. Such notification shall be provided not later then the month in which such eligible person attains such person's thirteenth birthday or as soon thereafter as fea- sible".
AGE DISTINCTIONS IN REGULATIONS GOVERNING FEDERAL FINANCIAL ASSISTANCE PROGRAMS OF THE DEPARTMENT OF VETERANS AFFAIRS
Survivors' and Dependents' Educational Assistance.
Section and Age Distinction
Adjudication (38 CFR part 3). Section 3.57 defines the term "child" of a veteran as, an unmarried person who is a legiti- mate child, a child legally adopted before the age of 18 years, a stepchild who acquired that status before the age of 18 years and who is a member of the veteran's household or was a member of the veteran's household at the time of the veteran's death, or an illegitimate child; and (i) who is under the age of 18 years; or (ii) who, before reaching the age of 18 years, be- came permanently incapable of self-support; or (iii) who, after reaching the age of 18 years and until completion of education or training (but not after reaching the age of 23 years) is pursuing a course of instruction at an approved educational institution. (2) For the purposes of determining entitlement of benefits based on a child's school attendance, the term "child" of the veteran also includes the following unmarried persons: (i) A person who was adopted by the veteran be- tween the ages of 18 or 23 years. (ii) A person who became a stepchild of a veteran between the ages of 18 or 23 years and who is a member of the veteran's household at the time of the vet- eran's death. . . ." Section 3.807(d) sets forth basic eligibility criteria for the program of educational assistance under 38 U.S.C. Chapter 35. Defines the term "child" as the son or daughter of a veteran who meets the requirements of 38 CFR 3.57, except as to age or marital status. Section 21.3021 describes beneficiaries of the pro- gram. Paragraph (a) defines the term "eligible person" as, "(1) A child of a: (i) Veteran who died of a service-connected disability. Paragraph (b) defines the term "child" as a son or daughter of a veteran as defined in 38 CFR 3.807(d).
Adjudication (38 CFR part 3) ..
Survivors' and Dependent's Educational Assistant Under 38 U.S.C. Chapter 35 (38 CFR part 21, subpart C).
AGE DISTINCTIONS IN REGULATIONS GOVERNING FEDERAL FINANCIAL ASSISTANCE PROGRAMS OF THE DEPARTMENT OF VETERANS AFFAIRS-Continued
Section and Age Distinction
Section 21.3023 states that: "(a) Child; age 18. A child who is eligible for educational assistance and who is also eligible for pension, compensa- tion dependency and indemnity compensation based on school attendance must elect whether he or she will receive educational assistance or pension, compensation or dependency and in- demnity compensation. (1) An election of edu- cation assistance either before or after the age of 18 years is a bar to subsequent payment or increased rates or additional amounts of pen- sion, compensation or dependency and indem- nity compensation on account of a child based on school attendance on or after the age of 18 years.... (2) Payment of pension, compensa- tion or dependency and indemnity compensation to or on account of a child after his or her 18th birthday does not bar subsequent payments of educational assistance.... (b) Child; under 18 or helpless. Educational assistance allowance or special restorative training allowance may gen- erally be paid concurrently with pension, com- pensation or dependency and indemnity com- pensation for a child under the age of 18 years or for a helpless child based on the service of one or more parents. Where, however, entitle- ment is based on the death of more than one parent in the same parental line, concurrent pay- ments in two or more cases may not be author- ized if the death of one such parent occurred on or after June 9, 1960. In the latter cases, an election of educational assistance and pension, compensation or dependency and indemnity compensation in one case does not preclude a reelection of benefits before attaining age 18 or while helpless based on the service of another parent in the same parental line.
Section 21.3040 sets forth criteria for the com- mencement and termination of the program of education or special restorative training for an el- igible child under 38 U.S.C. Chapter 35. Para- graph (a) of this section provides that a program of education or special restorative training may not be afforded prior to the eligible persons' 18th birthday or the completion of secondary school- ing, whichever is earlier, unless it is determined through counseling that the best interests of the eligible person will be served by entering training at an earlier date and the eligible person has passed: (1) Compulsory school attendance age under State law; or (2) his or her 14th birthday and due to physical or mental handicap may benefit by special restorative or specialized vo- cational training. Paragraph (c) of this section provides that no person is eligible for educational assistance who reached his or her 26th birthday on or before the effective date of a finding of permanent total service-connected disability, or on or before the date the veteran's death oc- curred, or on or before the 91st day of listing by the Secretary concerned of the member of the Armed Forces or whose service eligibility is claimed as being is one of the missing cat- egories identified in 38 CFR 21.3021(a) (1)(im) and (3)(ii). Paragraph (d) provides that no per- son is eligible for educational assistance beyond his or her 31st birthday, except in certain excep- tional cases.
AGE DISTINCTIONS IN REGULATIONS GOVERNING FEDERAL FINANCIAL ASSISTANCE PROGRAMS OF THE DEPARTMENT OF VETERANS AFFAIRS-Continued
Section and Age Distinction
Section 21.3041 sets forth periods of eligibility for an eligible child. Paragraph (a) of this section provides the basic beginning date for the edu- cational assistance as the person's 18th birthday or successful completion of secondary schooling. whichever occurs first. Paragraph (b) authorizes certain exceptions to the basic beginning date, if (1) A person has passed compulsory school at- tendance under applicable State law, or (2) has passed his or her 14th birthday and has a phys- ical or mental handicap. Paragraph (c) provides the basic ending date as the person's 26th birth- day. Paragraphs (d) and (e) set forth criteria for modifying or extending the ending date. Section 21.3300 provides that VA may prescribe special restorative training for the purpose of en- abling an eligible child to pursue a program of education, special vocational program, or other appropriate goal, where needed to overcome or lessen the effects of a physical or mental dis- ability.
Section 21.4102(a) requires VA to provide coun- seling for the purpose set forth in 38 CFR 21.4100 to an eligible child when: (1) The eligi- ble child may require specialized vocational or special restorative training, or (2) the eligible child has reached compulsory school attendance age under State law, but has neither reached his or her 18th birthday nor completed secondary schooling, or (3) if requested by the eligible child or his or her parent or guardian for the purpose of preparing an educational plan. Section 21.4139(b) provides that VA will make pay- ment of educational assistance under 38 U.S.C. Chapter 35 to the eligible person if: (1) He or she has attained majority and has no known legal disability or (2) is in the eligible person's best interests, and there is no reason not to des- ignate the eligible person as payee. VA may pay minors under this provision.
Section 21.4141 provides that payment of edu- cational assistance allowance under 38 U.S.C. Chapter 35 will be subject to offsets of amounts of pension, compensation, or dependency and indemnity compensation paid over the same pe- riod on behalf of a child based on school attend- ance.
Section 17.47(e) provides that within the limits of VA facilities, hospital or nursing home care may be provided to any veteran with a nonservice- connected disability if such a veteran is 65 years of age or older.
AGE DISTINCTIONS IN REGULATIONS GOVERNING FEDERAL FINANCIAL ASSISTANCE PROGRAMS OF THE DEPARTMENT OF VETERANS AFFAIRS-Continued
Section and Age Distinction
Section 17.54 states that medical care may be provided for: "(1) The spouse or child of a veteran who has a total disability, permanent in nature, resulting from a service-connected disability, and (2) the surviving spouse or child of a veteran who (a) died as a result of a service-connected disability, or (b) at the time of death had a total disability, permanent in nature resulting from a service-connected disability and (3) the surviving spouse or child of a person who died in the active military, naval or air service .. . Who are not otherwise eligible for medical care as beneficiaries of the Armed Forces under the provisions of Chapter 55 of Title 10, United States Code (CHAMPUS). . . and (4) An eligible child who is pursuing a full-time course of instruction approved under 38 U.S.C. Chapter 36, and who incurs a disabling illness or injury while pursuing such course; . . . shall remain eligible for medical care until: (a) The end of the 6-month period beginning on the date the disability is removed, or (b) the end of the 2-year period beginning on the date of the onset of the disability; or (c) the 23d birthday of the child, whichever occurs first...
Section 21.4135(d) sets forth the following dates for the discontinuance of the educational assistance allowance provided for a dependent child, under Chapter 34 of Title 38: ". (1) Last day of the in calendar year in which marriage occurred unless discontinuance is required at an earlier date under other provisions. (2) Age 18. Day preceding 18th birthday. (3) School attendance. Last day of month in which 23rd birthday, whichever is earlier. (4) Helplessness ceased. Last day of month school attendance ceased or day preceding following 60 days after notice to payee that helplessness has ceased." Section 21.4136 sets forth monthly rates for the payment of educational assistance allowance under 38 U.S.C. Chapter 34. Paragraph (f) defines the term "dependent" as a spouse, child or dependent parent who meets the definitions of relationship specified in 38 CFR 3.50, 3.51, 3.57 and 3.59.
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