View all text of Subjgrp 336 [§ 21.9620 - § 21.9700]
§ 21.9681 - Certifications and release of payments—for provisions effective after July 31, 2011.
For training pursued after July 31, 2011—
(a) Payee. (1) VA will make payment of the appropriate amount of tuition and fees, as determined under § 21.9641, directly to the educational institution as a lump sum payment for the entire quarter, semester, or term, as applicable.
(2) VA will make all other payments to the eligible individual or a duly appointed fiduciary. VA will make direct payment to the eligible individual even if he or she is a minor.
(3) The assignment of educational assistance is prohibited. In administering this provision, VA will apply the provisions of § 21.4146 to 38 U.S.C. chapter 33.
(b) Payments. (1) VA will pay educational assistance for an eligible individual's enrollment in an approved program (other than one seeking tuition assistance Top-Up; one seeking reimbursement for taking an approved licensing or certification test; one seeking reimbursement for a national test for admission or a national test for credit; or one who qualifies for an advance payment of the monthly housing allowance) only after the educational institution has certified the individual's enrollment as provided in § 21.9721 and provided its Taxpayer Identifying Number (TIN) and/or Automated Clearing House (ACH) information in accordance with 31 U.S.C 7701(c)(1).
(2) VA will apply the provisions of this section in making advance payments of the monthly housing allowance to eligible individuals.
(i) VA will make payments of the monthly housing allowance in advance when:
(A) The eligible individual has specifically requested such a payment;
(B) The individual is enrolled at a rate of pursuit greater than half-time;
(C) The educational institution at which the eligible individual is accepted or enrolled has agreed to and can satisfactorily carry out the provisions of 38 U.S.C. 3680(d)(4)(B), (d)(4)(C), and (d)(5) pertaining to receipt, delivery, and return of checks, and certifications of delivery and enrollment;
(D) The Director of the VA Regional Processing Office of jurisdiction has not acted under paragraph (b)(2)(iv) of this section to prevent advance payments being made to the eligible individual's educational institution;
(E) There is no evidence in the eligible individual's claim file showing that he or she is not eligible for an advance payment;
(F) The period for which the eligible individual has requested a payment is preceded by a period of nonpayment of 30 days or more.
(G) The educational institution or the eligible individual has submitted the certification required by § 21.9715.
(ii) The amount of the advance payment to an eligible individual is the amount payable for the monthly housing allowance for the month or fraction thereof in which the term or course will begin plus the amount of the monthly housing allowance for the following month.
(iii) VA will mail advance payments to the educational institution for delivery to the eligible individual. The educational institution will not deliver the advance payment check more than 30 days in advance of the first date of the enrollment period for which VA makes the advance payment.
(iv) The Director of the VA Regional Processing Office of jurisdiction may direct that advance payments not be made to individuals attending an educational institution if:
(A) The educational institution demonstrates an inability to comply with the requirements of paragraph (b)(2)(iii) of this section;
(B) The educational institution fails to provide adequately for the safekeeping of the advance payment checks before delivery to the eligible individual or return to VA; or
(C) The Director determines, based on compelling evidence, that the educational institution has demonstrated its inability to discharge its responsibilities under the advance payment program.
(3) VA will make a lump sum payment for the entire quarter, semester, or term:
(i) To the educational institution, on behalf of an eligible individual, for the appropriate amount of tuition and fees;
(ii) To an eligible individual for the appropriate amount for books, supplies, equipment, and other educational costs; and
(iii) To an eligible individual entitled to the $500 rural relocation benefit.
(4) [Reserved]
(5) VA will pay educational assistance to an eligible individual as reimbursement for taking an approved licensing or certification test only after the eligible individual has submitted to VA a copy of his or her official test results and, if not included in the results, a copy of another official form (such as a receipt or registration form) that together must include:
(i) The name of the test;
(ii) The name and address of the organization or entity issuing the license or certificate;
(iii) The date the eligible individual took the test; and
(iv) The cost of the test.
(6) VA will pay educational assistance to an eligible individual as reimbursement for taking an approved national test for admission or a national test for credit only after the eligible individual has submitted a claim for the test to VA that includes the following information:
(i) The name of the test;
(ii) The name of the organization offering the test;
(iii) The date the eligible individual took the test;
(iv) The cost of the test; and
(v) Such other information as the Secretary may require.
(7) VA may authorize payment of the monthly housing allowance (as increased under §§ 21.9650(a) and 21.9655(a), if applicable) for a temporary school closing in accordance with the provisions of § 21.4138(g) of this chapter.
(c) Rural relocation benefit. VA will make the $500 rural relocation benefit payment after—
(1) The educational institution has certified the individual's enrollment as provided in § 21.9721;
(2) The individual has provided—
(i) Request for benefit. An individual must submit a request for the rural relocation benefit in writing;
(ii) Proof of residence. (A) An individual must provide proof of his or her place of residence by submitting any of the following documents bearing his or her name and current address:
(1) DD Form 214, Certification of Release or Discharge from Active Duty; or
(2) The most recent Federal income tax return; or
(3) The most recent State income tax return; or
(4) Rental/lease agreement; or
(5) Mortgage document; or
(6) Current real property assessment; or
(7) Voter registration card.
(B) An individual using entitlement granted under § 21.9571 who, because he or she resides with the transferor or, in the case of a child, a parent, who cannot provide any of the documents in paragraph (c)(2)(ii) of this section, may submit as proof of residence any document in paragraphs (c)(2)(ii)(A)(2) through (7) of this section bearing the name and current address of the transferor or, in the case of a child, a parent; and
(C) VA must determine that the individual resided in a county (or similar entity utilized by the Bureau of the Census) with less than seven persons per square mile based on the most recent decennial census prior to relocation.
(iii) Proof of relocation. An individual must provide proof that he or she either: (A) physically relocated at least 500 miles, confirmed by means of a commonly available internet search engine for mapping upon entering the individual's resident address provided in paragraph (c)(2)(ii) of this section as the beginning point and the address of the educational institution as the ending point; or
(B) traveled by air to physically attend an institution of higher learning for pursuit of such a program of education because the individual could not travel to the educational institution by land due to the absence of road or other infrastructure. An individual must provide airline receipts for travel with a departure and destination airport within reasonable distance from the home of residence and the educational institution.
(d) Apportionments prohibited. VA will not apportion educational assistance.
(e) Accrued benefits. Educational assistance remaining due and unpaid on the date of the individual's death is payable under the provisions of § 3.1000 of this chapter.
(f) Authority. (1) Paragraph (a) of this section issued under the authority of 38 U.S.C. 3034(a), 3313(g), 3323(a), 3680, 5301;
(2) Paragraph (b)(1) of this section issued under the authority of 38 U.S.C. 3034(a), 3323(a), 3680(g), 3689; 31 U.S.C. 7701(c);
(3) Paragraph (b)(2) of this section issued under the authority of 38 U.S.C. 3034(a), 3323(a), 3689;
(4) Paragraphs (b)(3) through (b)(5) of this section issued under the authority of 38 U.S.C. 3034(a), 3323(a), 3689;
(5) Paragraph (b)(6) of this section issued under the authority of 38 U.S.C. 3315A;
(6) Paragraph (b)(7) of this section issued under the authority of 38 U.S.C. 3680(a);
(7) Paragraph (c) of this section issued under the authority of 38 U.S.C. 3318;
(8) Paragraph (d) of this section issued under the authority of 38 U.S.C. 3034(a), 3323(a), 3680); and
(9) Paragraph (e) of this section issued under the authority of 38 U.S.C. 5121.