Survivors and Dependents Educational Assistance (64.117)
Program
64.117 Survivors and Dependents Educational Assistance
Federal Agency
VETERANS BENEFITS ADMINISTRATION, DEPARTMENT OF VETERANS AFFAIRS
Authorization
Public Laws 86-236, 89-358, 90-631, 92-540, 93- 508, 94-502, 95-202, 96-466, 98-460, 101-237, 101-508, 102-127, 102-568, 103-446, 104-275, 105-114, 105-206, 106-117; 106-419 and 107-103; 38 U.S.C. 3510.
Program Number
64.117
Last Known Status
Active
Objectives
To provide partial support to those seeking to advance their education who are qualifying spouses, surviving spouses, or children of deceased or disabled veterans who, as a result of their military service, have a permanent and total (100 percent) service- connected disability, or of service personnel who have been listed for a total of more than 90 days as currently missing in action, or as currently prisoners of war.
Types of Assistance
Direct Payments for Specified Use.
Uses and Use Restrictions
Assistance is in the form of monthly payments for a period up to 45 months to be used for tuition, books, subsistence, etc. The spouse has 10 years from the date of the veteran's disability rating or the date of notification that the veteran had a permanent and total service-connected disability, or any date between the two, her or his choice. When the veteran dies while a permanent and total service-connected disability was in existence, the surviving spouse has 10 years from the date of death. In all other cases the surviving spouse has 10 years from the date of death or the date of notification that the death was service-connected, or any date between the two, her or his choice. In the case of a spouse of a serviceperson who has been listed for a total of more than 90 days as currently missing in action or as currently a prisoner of war, education must be completed within 10 years from the date the serviceperson was listed as missing in action or listed as a prisoner of war. In the case of a child, eligibility generally exists between ages 18 and 26. The marriage of a child will not bar benefits but the remarriage of a surviving spouse will cause a surviving spouse's benefits to terminate. Special assistance for the educationally disadvantaged is provided without charge to entitlement for spouses, surviving spouses, and children. Benefits may be paid for courses that prepare eligible persons to take college or graduate school entrance examinations. Benefits may also be paid for any test that is necessary for licensing and certification needed to enter, maintain, or advance into employment in certain civilian occupations.
Eligibility Requirements
Applicant Eligibility
Spouses, surviving spouses, and children between age 18 and 26 of veterans who died from service-connected disabilities, of living veterans whose service-connected disabilities are considered permanently and totally disabling, of those who died from any cause while such service-connected disabilities were in existence, of servicepersons who have been listed for a total of more than 90 days as currently missing in action, or as currently prisoners of war.
Beneficiary Eligibility
Spouses, surviving spouses, and children of veterans who died or who are permanently and totally (100 percent) disabled due to military service. Also eligible are the spouses, surviving spouses and children of service persons who have been listed for a total of more than 90 days as currently missing in action, or currently prisoners of war, permanently and totally disabled or deceased veterans.
Credentials/Documentation
Military discharge certificate, death certificate or official document verifying POW status or MIA status, marriage certificate, and birth certificate(s).
Application and Award Process
Preapplication Coordination
None. This program is excluded from coverage E.O. 12372.
Application Procedure
An application, VA Form 22-5490 for a child, spouse or surviving spouse may be obtained from any VA Regional Office and submitted to the appropriate VA Regional Processing Office.
Award Procedure
Awards are authorized at the regional processing office.
Deadlines
None, but the period of eligibility for a spouse generally extends no later than the 10 years from the date the veteran was notified of the service-connected total (100%) and permanent disability, or from the date the serviceperson was listed for a total of more than 90 days as currently missing in action or listed as a prisoner of war. The period of eligibility for a surviving spouse generally extends no later than 10 years from the date VA notifies the surviving spouse that the death was service-connected.
Range of Approval/Disapproval Time
Appeals
Appeals are available through a special board; response time is 220 days.
Renewals
Generally, eligibility for a child terminates at age 26. In some instances, it may be extended. For example, in the case of service in the Armed Forces, eligibility will end 8 years after the first discharge or release from service; but in no event, beyond age 31.
Assistance Considerations
Formula and Matching Requirements
Not applicable.
Length and Time Phasing of Assistance
Not applicable.
Post Assistance Requirements
Reports
Monthly certification of enrollment and pursuit for courses not leading to a college degree must be executed by the beneficiary. For college students, verification of pursuit is required near the end of the enrollment period.
Audits
None.
Records
None.
Program Accomplishments
In fiscal year 2001, there were 44,820 participants. Estimates for subsequent periods are: fiscal year 2002, 48,907 participants, and fiscal year 2003, 52,120 participants.
Financial Information
Account Identification
36-0137-0-1-702.
Obligations
(Direct Payments) FY 02 $141,131,000; FY 03 est $179,043,000; and FY 04 est $191,287,000.
Range and Average of Financial Assistance
Per month, institutional training: full time, $670; three-quarters time, $503; half-time, $335. Benefits may be paid for up to a maximum of 45 months. Tutorial assistance up to a maximum of $1,200. Work-Study Allowance: Payment based on the higher of the Federal minimum wage or the State minimum wage where work is performed.
Regulations, Guidelines and Literature
38 CFR 21.3001 - 21.3344; "Federal Benefits for Veterans and Dependents," VA Pamphlet 80-01-1, $5.00, available from Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 15250-7954. The stock number is: 051-000-0224-5.
Related Programs
27.002, Federal Employment Assistance for Veterans; 64.102, Compensation for Service-Connected Deaths for Veterans' Dependents; 64.105, Pension to Veterans Surviving Spouses, and Children; 64.110, Veterans Dependency and Indemnity Compensation for Service-Connected Death; 84.007, Federal Supplemental Educational Opportunity Grants; 84.032, Federal Family Education Loans; 84.038, Federal Perkins Loan Program_Federal Capital Contributions; 84.063, Federal Pell Grant Program.
Information Contacts
Regional or Local Office
See Appendix IV of the Catalog for Veterans Benefits Administration field offices.
Headquarters Office
Department of Veterans Affairs, Central Office, Washington, DC 20420. Telephone: (202) 273-7132.
Web Site Address
Examples of Funded Projects
Not applicable.
Criteria for Selecting Proposals
Not applicable.
