§ 21.266. Payment of subsistence allowance under special conditions.
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/us/cfr/t38/s§ 21.266·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Hospitalized veteran or serviceperson. A veteran pursuing a VA rehabilitation program under Chapter 31 while hospitalized in a VA medical center or in any other hospital at VA expense may receive the subsistence allowance otherwise payable. The subsistence allowance will be paid at the rates specified in § 21.260, except:
(1)The amount of subsistence allowance or the allowance provided under § 21.264 that may be paid to a veteran pursuing a rehabilitation program for any month for which the veteran receives compensation at the rate prescribed in § 3.401(h) of this title, as the result of hospital treatment (not including post-hospital convalescence) or observation at the expense of VA may not exceed, when added to any compensation to which such veteran is entitled for the month, an amount equal to the greater of:
(i)The sum of:
(A)the amount of monthly subsistence of the allowance payable under § 21.264, and
(B)the amount of monthly disability compensation that would be paid to the veteran if he or she was not receiving compensation at the temporary 100 percent rate as the result of such hospital treatment or observation, or
(ii)The amount of monthly disability compensation payable under § 3.401(h) of this title.
(2)A veteran pursuing a rehabilitation program while in post hospital convalescence (§ 3.401(h)) will be paid the regular rate of subsistence allowance.
(3)A serviceperson pursuing a rehabilitation program under Chapter 31 will not receive a subsistence allowance if he or she is hospitalized in a medical facility under the jurisdiction of the Secretary pending final discharge from the armed forces. (Authority: 38 U.S.C. 3108(h))
(b)Specialized rehabilitation facility---(1) A veteran in a specialized rehabilitation facility will be paid the regular rate of subsistence allowance at the institutional rate. VA may pay the cost of room and board in lieu of subsistence allowance when:
(i)The specialized rehabilitation facility requires that similarly circumstanced persons pay the same charges for room and board, and
(ii)The case manager finds and the veteran agrees that it is to the veteran's advantage for VA to pay the cost of room and board.
(2)Even though VA pays the cost of room and board, the veteran will be paid that portion of subsistence allowance otherwise payable for dependents. (Authority: 38 U.S.C. 3108(e))
(c)Non-pay work experience or training in a Federal agency. A veteran in an on-job program or being provided work experience in a Federal agency at no or nominal pay shall receive subsistence allowance at the institutional rate. (Authority: 38 U.S.C. 3108(c))
(d)Extended evaluation and independent living program. A veteran in a program of extended evaluation or independent living service program shall be paid subsistence allowance for full or part-time participation at the rate specified for institutional training in § 21.260. If an extended evaluation or independent living program is pursued on a less than a quarter-time basis, as measured under § 21.310(d), VA will only pay established charges for services furnished. (Authority: 38 U.S.C. 3108(h))
(e)On-job training. A veteran in an on-job training program will be paid subsistence allowance at the rate provided under § 21.260(b), except that subsistence allowance may not exceed the difference between the monthly training wage, exclusive of overtime, and the entrance journeyman wage for the veteran's objective. (Authority: 38 U.S.C. 3108(c))
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§ 21.266
Payment of subsistence allowance under special conditions.
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