Chapter 35

[Combat eng]

My daughter is starting college in Aug. I’ve submitted all of the documents. What I want to know is once she starts receiving the payments in her bank account . Will they remove her as a dependent from my benefit payments? I can’t  Receive payments for her as a school age dependent, that would be double dipping want it?

[ShrekTheTank]

If you’re claiming your child who became permanently disabled before they turned 18, you’ll need to turn in all private medical records relating to the child’s disabilities with your application.

If your dependent is a child who’s between 18 and 23 years old and attending school full time, you’ll also need to submit a Request for Approval of School Attendance (VA Form 21-674) with your application.

[brokensoldier244th]

You need to change the status of your dependents to remove them from your award, 21-686c. If you wait for it to trigger automatically you will likely end up owing overpayments back to VA because the removal process isn’t instantaneous but it’s a lot faster if you do it vs waiting for it to happen on its own. 
 

Champ Va is different and you certify their enrollment with then independent of your award dependent status. 
 

/two kids who have used chap 35, one about to start in Aug. 

Edited July 14, 2022 by brokensoldier244th

[broncovet]

You cant collect "dependent" benefits while the government is paying for their college under Chapter 35.  One or the other.  

[Mr cue]

2 hours ago, broncovet said:

You cant collect "dependent" benefits while the government is paying for their college under Chapter 35.  One or the other.  

Everyone say this but I have never seen a reg or cfr that address this.

Cause smc say the extra is for child in school.

But a vso told me I don't get pay the child in school because my son is in college under ch31.

I will be investigate this lol

[brokensoldier244th]

 You can only get dependent pay for a Spouse on Chap 35. Children dependents must be removed from your award or you will incur an overpayment. 

 

https://www.law.cornell.edu/cfr/text/38/21.3023?fbclid=IwAR1Eh8dNDZt7iwP6pigi-RXCr_l2LBWUsuOT6jZDDQHGkHP4CPLG6u13Udg

Edited July 14, 2022 by brokensoldier244th

[Mr cue]

This doesn't say a school age student has to be removed from the award.

(2) Payment of pension, compensation or dependency and indemnity compensation to or on account of a child after his or her 18th birthday does not bar subsequent payments of educational assistance.