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Inthewind

Does the child benefit start back up for Title 35 between school years?

Question

Basically, my daughter is finishing her freshman year at college, where she was staying in the dorms etc., and receiving title 35 benefits. The question is: Does the monthly child benefit  $290ish) start back up in between school years if she comes back home during the long summer break?

I know this has been asked and probably answered many times, but I've searched and searched and nothing comes up that pertains...and my head is killing me...

So, if anyone knows the quick answer, I would greatly appreciate it.

Thanks.

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Once the child starts receiving ch35, your payments for the child are done.

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I think Mike is correct.  When your kid goes to college, and gets chapter 35, you dont ALSO get benefits for a "school age" child.  It probably has to do with pyramiding...you can not get paid for the same thing twice.  And, if your son gets ch.35, you dont get paid for him.  

However, you bring up an interesting point, that may have not been tested in court:

Can you get school age dependent benefits when the child is NOT collecting Ch 35 benefits.  

Its not a particulary large amount, so it may never get tested because, if he is attending college and getting ch. 35 most of the time, the benefits paid to you would be small and it would be an accounting nightmare. 

However, Ch. 35 used to be paid for the year, and they recently started "cutting" breaks, such as spring break, christmas break, summer break.

I think it may be a good idea for you to appeal this.  (I dont like them cutting ch. 35 for breaks).   I mean, gee whiz, does employee health insurance not continue while on vacation or even on weekends?  Its just another way they hornswaggle vets.  

Edited by broncovet
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Here's the reference, I THINK. See if USC (Law) links prohibit duplication, or if it's manual (processing instructions) or CFR (Regulation)

III.iii.6.B.2.a. Prohibition of Concurrent Payment of DEA and Disability or Survivors Benefits
 
Concurrent payment of DEA and disability benefits (compensation or pension) or survivors benefits (death compensation, survivors pension, or DIC) is prohibited unless the education benefit is for a
  • child that is
    • under age 18, or
    • age 18 or older and permanently incapable of self-support, or
  • spouse or surviving spouse.
 References:  For more information on

 

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I can say that the Va definitely took back ALL the periods I received money for my college children even between semesters after they filed for retro Chapter 35 so my guess would be no,  I do not file for them during "off" time between semesters now either, the only exception is between high school and their first semester BEFORE they start receiving chapter 35.  Once they start receiving chapter 35........no more money received in my account for them from the va as a dependent.  I hope that makes some sense ;)

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Ok. Thanks everyone for the replies.

I was just curious because when she is not in school in the dorms during those breaks, she's back with us and even though we're supporting her during the months she is IN school, we're getting the 35 benefits to help with that. 

 

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