§ 70.31. Deductibles.
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/us/cfr/t38/s§ 70.31·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Link to an amendment published at 88 FR 10037, Feb. 16, 2023. This amendment was delayed until Feb. 16, 2025, at 88 FR 90120, Dec. 29, 2023. This amendment was further delayed until Feb. 16, 2029, at 89 FR 88888, Nov. 12, 2024.
(a)VA shall deduct an amount established by the Secretary for each one-way trip from the amount otherwise payable under this part for such one-way trip, except that:
(1)VA shall not deduct any amounts in a calendar month after the completion of six one-way trips for which deductions were made in such calendar month, and
(2)Whenever the Secretary adjusts the mileage rates as a result of the investigation described in § 70.30(a)(1)(iv), the Secretary shall, effective on the date such mileage rate change should occur, adjust proportionally the deductible amount in effect at the time of the adjustment. If a determination is made that a change is warranted, the new deductible(s) will be published in the notice section of the Federal Register. Current deductible(s) can be found at http://www.va.gov/healtheligibility/Library/pubs/BeneficiaryTravel/BeneficiaryTravel.pdf or by contacting the Beneficiary Travel office at the closest VA health care facility.
(b)The provisions under this section for making deductions shall not apply to:
(1)Travel that includes travel by a special mode of transportation,
(2)Travel to a VA facility for a scheduled compensation and pension examination, and
(3)Travel by a non-veteran.
(c)VA shall waive the deductible under this section when it would cause the beneficiary severe financial hardship. For purposes of this section, severe financial hardship occurs if the beneficiary:
(1)Is in receipt of a VA pension;
(2)Has income for the year prior to the year in which application is made pursuant to § 70.20 that does not exceed the household income threshold determined under 38 U.S.C. 1722(a) (the current income thresholds can be found at http://www.va.gov/healtheligibility/Library/pubs/VAIncomeThresholds/VAIncomeThresholds.pdf); or
(3)Has circumstances in the year the application is made pursuant to § 70.20 that cause his or her projected income not to exceed the household income threshold determined under 38 U.S.C. 1722(a).
(d)Waivers granted under this section are valid:
(1)Through the end of the calendar year of the application made pursuant to § 70.20; or
(2)Until there is a change in the beneficiary's household income during the calendar year of the application made pursuant to § 70.20 that results in the beneficiary no longer meeting the terms of paragraph
(c)of this section.
(e)A beneficiary granted a waiver under this section must promptly inform VA of any household income status change during the waiver period that results in the beneficiary no longer meeting the terms of paragraph
(c)of this section. (The Office of Management and Budget has approved the information collection provisions in this section under control number 2900-0091) (Authority: 38 U.S.C. 101, 111, 501, 1701, 1714, 1720, 1728, 1782, 1783, E.O. 11302)
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