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broncovet

Dependent Benefits Beyond Age 23 (College Age)

Question

38 CFR 3.667 sounds like, once the Veteran is in college, the Veteran can continue to collect "college age" benefits until he graduates, and is not limited to age 23:

Specifically:

3.667 - School attendance.

(a) General. (1) Pension or compensation may be paid from a child's 18th birthday based upon school attendance if the child was at that time pursing a course of instruction at an approved educational institution and a claim for such benefits is filed within 1 year from the child's 18th birthday.

(2) Pension or compensation based upon a course of instruction at an approved educational institution which was begun after a child's 18th birthday may be paid from the commencement of the course if a claim is filed within 1 year from that date.

(3) An initial award of DIC (dependency and indemnity compensation) to a child in the child's own right is payable from the first day of the month in which the child attains age 18 if the child was pursuing a course of instruction at an approved educational institution on the child's 18th birthday, and if a claim for benefits is filed within 1 year from the child's 18th birthday. In the case of a child who attains age 18 after September 30, 1981, if the child was, immediately before attaining age 18, counted under 38 U.S.C. 1311(b) for the purpose of determining the amount of DIC payable to the surviving spouse, the effective date of an award of DIC to the child shall be the date the child attains age 18 if a claim for DIC is filed within 1 year from that date.

(Authority: 38 U.S.C. 5110(e))(4) An initial award of dependency and indemnity compensation to a child in its own right based upon a course of instruction at an approved educational institution which was begun after the child's 18th birthday may be paid from the first day of the month in which the course commenced if a claim is filed within 1 year from that date.

(Authority: 38 U.S.C. 5110(e))

(5) Where a child was receiving dependency and indemnity compensation in its own right prior to age 18, payments may be continued from the 18th birthday if the child was then attending an approved educational institution and evidence of such school attendance is received within 1 year from the 18th birthday. Where the child was receiving dependency and indemnity compensation in its own right prior to age 18 and was not attending an approved educational institution on the 18th birthday but commences attendance at an approved educational institution after the 18th birthday, payments may be resumed from the commencing date of the course if evidence of such school attendance is filed within 1 year from that date.

(b) Vacation periods. A child is considered to be in school during a vacation or other holiday period if he or she was attending an approved educational institution at the end of the preceding school term and resumes attendance, either in the same or a different approved educational institution, at the beginning of the next term. If an award has been made covering a vacation period, and the child fails to commence or resume school attendance, benefits will be terminated the date of last payment or the last day of the month preceding the date of failure to pursue the course, whichever is the earlier.

© Ending dates. Except as provided in paragraph (b) of this section, benefits may be authorized through the last day of the month in which a course was or will be completed.

(Authority: 38 U.S.C. 5112(b)(7))

(d) Transfers to other schools. When benefits have been authorized based upon school attendance and it is shown that during a part or all of that period the child was pursuing a different course in the same approved educational institution or a course in a different approved educational institution, payments previously made will not be disturbed.

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Old post but I'm trying to find out a couple of things related to this topic.

My daughter turned 18 before she graduated HIGH SCHOOL and the dependent benefit was stopped until I re-applied based on that she was still in High School. She is now planning on using my Chapter 35 to help pay for a university. 

So my question is will we still receive the dependent benefit if she's living in the dorms at college and using the chapter 35? Do I have to re-apply for the benefit once she starts college?

Thanks!

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1 hour ago, Inthewind said:

Old post but I'm trying to find out a couple of things related to this topic.

My daughter turned 18 before she graduated HIGH SCHOOL and the dependent benefit was stopped until I re-applied based on that she was still in High School. She is now planning on using my Chapter 35 to help pay for a university. 

So my question is will we still receive the dependent benefit if she's living in the dorms at college and using the chapter 35? Do I have to re-apply for the benefit once she starts college?

Thanks!

My kids get chapter 35, so what happens is the day they start receiving chapter 35, the va will stop paying you for her being your dependent.  Which can cause an overpayment, which they will take back.  For example, if your daughter graduated in June of 2016, you sent in that she is enrolled in college starting August 15 2016, you will receive the dependent pay until the day she starts college, she will go see the va rep at her college (hopefully before August) so she will receive chapter 35 benefits during college, you will no longer receive dependent $$ for her. 

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1 hour ago, Inthewind said:

Old post but I'm trying to find out a couple of things related to this topic.

My daughter turned 18 before she graduated HIGH SCHOOL and the dependent benefit was stopped until I re-applied based on that she was still in High School. She is now planning on using my Chapter 35 to help pay for a university. 

So my question is will we still receive the dependent benefit if she's living in the dorms at college and using the chapter 35? Do I have to re-apply for the benefit once she starts college?

Thanks!

Also, make sure as soon as she is enrolled in college she has the va rep certify her attendance and send it to champva, they are incredibly slow at processing things.

 

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Thanks Seminoles! I understand it stops when her Chap 35 starts. The reason I asked the question Was because my verification of benefits document shows my compensation amount as of 1 July WITHOUT the amount for her. I thought it would stop, as you and others have said, the day she starts college, which is 24 August. That's my confusion. Shouldn't I receive it for July and maybe August? 

Thanks

Edited by Inthewind

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I think they could have been much more clear in how they worded the whole children's section. It gives bits and pieces that have to be strung together.

For instance 3.57 - Child.

(a) General. (1) Except as provided in paragraphs (a)(2) and (3) of this section, the term child of the veteran means an unmarried person who is a legitimate child, a child legally adopted before the age of 18 years, a stepchild who acquired that status before the age of 18 years and who is a member of the veteran's household or was a member of the veteran's household at the time of the veteran's death, or an illegitimate child; and

(i) Who is under the age of 18 years; or

(ii) Who, before reaching the age of 18 years, became permanently incapable of self-support; or

(iii) Who, after reaching the age of 18 years and until completion of education or training (but not after reaching the age of 23 years) is pursuing a course of instruction at an educational institution approved by the Department of Veterans Affairs.

So does that mean they don't pay benefits after 23? Or the child can't start the education after the age of 23?

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