§ 21.7640. Release of payments.
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/us/cfr/t38/s§ 21.7640·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Payments are dependent upon certifications, reports, and verifications of pursuit. When certifications, reports, or verifications of pursuit are mentioned in this paragraph, the certifications, reports, and verifications of pursuit are to be made in the form prescribed by the Secretary of Veterans Affairs.
(1)VA will pay educational assistance to a reservist who is pursuing a standard college degree only after the educational institution has certified his or her enrollment.
(2)VA will pay educational assistance to a reservist who is pursuing a course not leading to a standard college degree (other than a correspondence course, a course of flight training, or an apprenticeship or other on-job training) only after:
(i)The educational institution has certified his or her enrollment in the form prescribed by the Secretary of Veterans Affairs; and
(ii)VA has received a report by the reservist, which report is endorsed by the educational institution, of---
(A)Each day of absence that occurred before December 18, 1989; or
(B)A verification of pursuit from the reservist of training that occurred on or after December 18, 1989.
(3)VA will pay educational assistance to a reservist pursuing a program of apprenticeship or other on-job training only after:
(i)The training establishment has certified his or her enrollment in the training program in the form prescribed by the Secretary of Veterans Affairs; and
(ii)VA has received certification by the training establishment of the reservist's hours worked.
(4)VA will pay educational assistance to a reservist who is pursuing a correspondence course only after:
(i)The educational institution has certified his or her enrollment in the form prescribed by the Secretary of Veterans Affairs; and
(ii)VA has received a certification by the reservist, which certification is endorsed by the educational institution, as to the number of lessons completed and serviced by the educational institution.
(5)VA will pay educational assistance to a reservist who is pursuing a flight course only after:
(i)The educational institution certifies the reservist's enrollment in the form prescribed by the Secretary of Veterans Affairs; and
(ii)VA has received a report by the reservist of the flight training the reservist has completed, which report is endorsed by the educational institution. (Authority: 10 U.S.C. 16136(b); 38 U.S.C. 3680)
(b)Payment for intervals and temporary school closings. In administering 10 U.S.C. chapter 1606, VA will apply the provisions of § 21.4138(f) when determining whether a reservist is entitled to payment for an interval or temporary school closing. (Authority: 10 U.S.C. 16136(b), 38 U.S.C. 3680)
(c)Payee.
(1)VA will make payment to the reservist or to a duly appointed fiduciary. VA will make direct payment to the reservist even if he or she is a minor.
(2)The assignment of educational assistance is prohibited. In administering this provision, VA will apply the provisions of § 21.4146 (a), (b),
(c)and
(e)of this part to 10 U.S.C. chapter 1606 in a manner not inconsistent with the way in which they are applied in the administration of 38 U.S.C. chapters 34 and 36. (Authority: 10 U.S.C. 16136(b), 38 U.S.C. 3680, 5301(a))
(d)Advance payments. VA will apply the provisions of § 21.4138(a) in making advance payments to reservists. (Authority: 10 U.S.C. 16136(b); 38 U.S.C. 3680)
(e)Frequency of payment. Except as provided in § 21.4138(a), VA shall pay educational assistance in the month following the month for which training occurs. VA may withhold payment to a reservist who is enrolled in a course not leading to a standard college degree for any month until the reservist's attendance has been reported for that month. VA may withhold final payment in all cases until it both receives certification that the reservist pursued his or her course, and makes any necessary adjustments. (Authority: 10 U.S.C. 16136(b), 38 U.S.C. 3680(g))
(f)Apportionments prohibited. VA will not apportion educational assistance. (Authority: 10 U.S.C. 16136(b), 38 U.S.C. 3680) (Approved by the Office of Management and Budget under control numbers 2900-0073 and 2900-0178) \[53 FR 34740, Sept. 8, 1988, as amended at 61 FR 20729, May 8, 1996; 61 FR 29306, June 10, 1996; 61 FR 29482, June 11, 1996; 64 FR 52652, Sept. 30, 1999; 72 FR 39564, July 19, 2007; 73 FR 65269, Nov. 3, 2008; 85 FR 59192, Sept. 21, 2020\]
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