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?

[brokensoldier244th]

3 hours ago, brokensoldier244th said:

 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

(2) means for subsequent children, not concurrent receipt of benefits. 

also, pg 5

https://docs.google.com/viewer?url=https%3A%2F%2Fuswaves.org%2Fimages%2Fconference%2FConference2019%2FPresentations%2FEducation_Benefits_Just_for_Dependents.pdf

 

Chapter 35 – Eligibility

• If dependents enter active duty, Chapter 35 benefits are
suspended
• Dependents can receive Chapter 35 and be on Active Duty
Training for Guard/Reserves
• Children can’t receive DIC (Dependency and Indemnity
Compensation) and Chapter 35 concurrently
• Spouses can receive both DIC and Chapter 35 benefits
• Child receiving Chapter 35 is removed from the parent’s
disability check ( spouses can remain on veteran’s check)

[Mr cue]

Ok now I see it lol

[flow1972]

Yep,  2 kids in college on Chapter 35.  They get removed as soon as they start getting it.