Dependent Benefits Beyond Age 23 (College Age)

[broncovet]

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.

[Stretch]

Sorry. Her dependents benefits stopped at 23. It is confusing enough, hehe.

[Berta]

Right, free spirit....these are 2 different types of benefits.

"The DEA (Chap 35) say they pay education benefits through the age of 26."

Yes, and as they did in my daughter's case, they also added 7 more years to her DEA delimiting date, because of her 7 years of Military service.

Also in my case the DEA I had due to my husband's 100 % P & T when he died,which I used up for my AMU degree,

has been changed to a better delimiting date for me as well,by VA, due to proof of service connected death and VA paid me retro for my tuition after the first delimiting date ran out,when I had to continue by paying the tuition myself.

[free_spirit_etc]

Sorry. Her dependents benefits stopped at 23. It is confusing enough, hehe.

LOL - I agree. Somehow the two programs got a bit tangled up in the discussion.

As far as the dependent benefits - I would be very careful counting on them after the age of 23, even if you know someone who got them after that age.

[broncovet]

The age 23 limit is that they must START college by age 23, not that they must FINISH college by age 23. Remember these are "eligibility rules"...

If the child STARTS college by age 23, they can complete the course of instruction. This is the same with DEA or "college age" benefits.

Maybe someone can help me find a regulation or case law on this. The VA is trying to hornswaggle me out of dependents benefits, but he was under 23 when he began college.

[broncovet]

In the case of DEA Chapter 35, the dependent has until age 31. He must start by age 26, but has 5 years, until he is 31, to finish college.

[free_spirit_etc]

"The age 23 limit is that they must START college by age 23, not that they must FINISH college by age 23. Remember these are "eligibility rules"...

I am not seeing any eligibility rules that say they must start college by the age of 23 for dependent benefits.

If the child STARTS college by age 23, they can complete the course of instruction. This is the same with DEA or "college age" benefits.

I think the programs have different eligibility rules. One is for education benefits for a child, and another is for getting a dependent allowance for a child who is between the age of 18 and 23 but still in school.

Maybe someone can help me find a regulation or case law on this. The VA is trying to hornswaggle me out of dependents benefits, but he was under 23 when he began college.

I wish I could help you out. Did you get a notice that they are stopping your child's benefits?

Edited September 11, 2013 by free_spirit_etc