PocketLaw | CFR 38 | Computation of benefit payments and monthly

Computation of benefit payments and monthly rates.

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§ 21.5138 Computation of benefit payments and monthly rates.

Except as provided in §§ 21.5136(b)(1) and 21.5137(a), for purposes of this subpart VA will compute benefit payments and monthly rates as provided in this section.

(Authority: 38 U.S.C. 3231, 3233, 3241, 3491, 3680, 3689)

(a) Computation of entitlement factor.

(1) For residence training, VA will compute an entitlement factor as follows:

(i) Enter the number of full months in the applicable benefit period		(1) ___
(ii) Enter the number of full days in excess of the number of full months	(a)
(iii) Divide line a by 30. Enter the quotient		(2) ___
(iv) Total (lines 1 and 2)		(3) ___
(v) Multiply line 3 by 1 for a full-time student; by .75 for a three-quarter time student; by .5 for a half-time student; or by .25 for a one-quarter time student. Enter the result		(4) ___
(This is the entitlement factor.)

(2) For correspondence training, VA will compute an entitlement factor as follows:

(i) Enter the amount of the individual's contributions remaining in the fund	(b)
(ii) Enter the individual's remaining months of entitlement	(c)
(iii) Divide line b by line c. Enter the quotient		(5) ___
(iv) Enter two times the amount in line 5		(6) ___
(v) Enter the amount of the contributions, if any, remaining in the fund which the Secretary of Defense contributed for the individual	(d)
(vi) Enter the individual's remaining months of entitlement	(e)
(vii) Divide line d by line e. Enter the quotient		(7) ___
(viii) Total (lines 5, 6 and 7)		(8) ___
(ix) Enter the correspondence charges certified by the school		(9) ___
(x) Divide line 9 by line 8. Enter the quotient		(10) ___
(This is the entitlement factor.)

(3) For apprenticeship and other on-job training, VA will compute an entitlement factor as follows:

(i) Enter the number of full days in the applicable benefit period. (Enter 30 if the benefit period is a full month.)		(1) ___
(ii) Divide line 1 by 30. Enter the quotient:		(2) ___
(iii) Multiply line 2 by .75 if the veteran is in the first six months of training; by .55 if the veteran is in the second six months of training; by .35 if the veteran is in a subsequent month of training; and by a pro-rated fraction if one of the veteran's first two six-month periods of training ends during the benefit period. Enter the result		(3) ___
(This is the entitlement factor.)

(Authority: 38 U.S.C. 3231, 3233; Pub. L. 96-466, Pub. L. 97-306, Pub. L. 99-576)

(4) For cooperative training, VA will compute an entitlement factor as follows:

(i) Enter the number of full months in the applicable benefit period		(1) ___
(ii) Enter the number of full days in excess of the number of full months		(a) ___
(iii) Divide line a by 30. Enter the quotient		(2) ___
(iv) Total lines 1 and 2		(3) ___
(v) Multiply line 3 by .80. Enter the result		(4) ___
(This is the entitlement factor.)

(Authority: 38 U.S.C. 3231; Pub. L. 100-689)

(5) For flight training, VA will compute an entitlement factor as follows:

(i) Enter the amount of the individual's contributions remaining in the fund	(a) ___
(ii) Enter the individual's remaining months of entitlement	(b) __

(iii) Divide line a by line b. Enter the quotient	(1) __
(iv) Enter two times the amount in line 1	(2) __

(v) Enter the amount of the contributions, if any, remaining in the fund which the Secretary of Defense contributed for the individual	(c) __
(vi) Enter the individual's remaining months of entitlement	(d) __

(vii) Divide line c by line d. Enter the quotient	(3) __
(viii) Total (lines 1, 2 and 3)	(4) __

(ix) Enter the charges for flight training certified by the school

(e) __

(x) Multiply line e by .60	(5) __
(xi) Divide line 5 by line 4. Enter the quotient. (This is the entitlement factor.)	(6) __

(Authority: 38 U.S.C. 3231(f))

(b) Computation of benefit payment. Under this section, VA will compute benefit payments as follows:

(1) Enter the entitlement factor	(f)
(2) Enter the amount of the individual's contributions remaining in the fund	(g)
(3) Multiply line f by line g. Enter the result	(h)
(4) Enter the remaining months of the individual's entitlement	(i)
(5) Divide line h by line i. Enter the quotient		(11) ___
(This is the individual's portion.)
(6) Enter two times the amount in line 11		(12) ___
(This is the Department of Veterans Affairs's portion of benefit payments for training completed before January 1, 1982. The Secretary of Defense will contribute this portion of the benefit payment for training that occurs after December 31, 1981.)
(7) Enter the amount of the additional contributions, if any, remaining in the fund which the Secretary of Defense contributed for the individual	(j)
(8) Multiply line f by line j. Enter the result	(k)
(9) Enter the individual's remaining months of entitlement	(l)
(10) Divide line k by line 1. Enter the quotient		(13) ___
(This is the Department of Defense's portion for training completed before January 1, 1982. For training completed after December 31, 1981, this is the second part of the Department of Defense's portion.) (38 U.S.C. 3231)
(11) Total (add lines 11, 12 and 13)		(14) ___
(12) If the veteran is in an apprenticeship or other on-job training and fails to complete 120 hours of training in a month, reduce the amount on line 14 proportionately. In this computation round the number of hours worked to the nearest multiple of eight. Enter the result.		(15) ___
(13) If the veteran is pursuing certain courses which do not lead to a standard college degree, has excessive absences, and incurred those absences before December 18, 1989, reduce the amount on line 14 sufficiently to avoid paying for any excessive absence. Enter the result		(16) ___

(Authority: 38 U.S.C. 3233 (1989), 38 U.S.C. 3680(a)(2) (1974); Pub. L. 101-237)

(14) The benefit payment is either -

(i) The amount shown on line 14 unless the veteran is in apprenticeship or other on-job training and has failed to complete 120 hours of training in a month during the benefit period in which case the benefit payment is the amount shown on line 15, or the veteran is pursuing certain courses which do not lead to a standard college degree in which case the benefit payment is the amount shown on line 16, or

(Authority: 38 U.S.C. 3233; Pub. L. 99-576)

(ii) The total amount of the remaining contributions in the fund made by the individual and the VA and the Secretary of Defense on behalf of the individual, whichever is less.

(Authority: 38 U.S.C. 3231; Pub. L. 94-502)

(c) Monthly rates. Under this section, VA will compute the monthly rates of payment for individuals in residence training by repeating the calculations in paragraphs (b)(1) through (11) of this section except that instead of entering the entitlement factor on line f, paragraph (b)(1), VA will enter 1 for a full-time student, .75 for a three-quarter time student, .5 for a half-time student, or .25 for a one-quarter time student.

(Authority: 38 U.S.C. 3231)

[45 FR 31, Jan. 2, 1980, as amended at 46 FR 32024, June 19, 1981; 47 FR 51747, Nov. 17, 1982; 48 FR 3369, Jan. 25, 1983; 48 FR 50530, Nov. 2, 1983; 52 FR 3429, Feb. 4, 1987; 53 FR 34498, Sept. 7, 1988; 55 FR 31582, Aug. 3, 1990; 57 FR 38615, Aug. 26, 1992; 58 FR 31911, June 7, 1993; 72 FR 16978, Apr. 5, 2007]

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