[Federal Register Volume 63, Number 236 (Wednesday, December 9, 1998)]
[Rules and Regulations]
[Pages 67778-67779]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-32646]
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DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 21
RIN 2900-AJ42
Dependents Education: Increase in Educational Assistance Rates
AGENCY: Department of Veterans Affairs.
ACTION: Final rule.
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SUMMARY: A provision of the Internal Revenue Service Restructuring and
Reform Act of 1998 provides for an increase of approximately 20% in
educational assistance rates payable under Survivors' and Dependents'
Educational Assistance (DEA) effective October 1, 1998. The regulations
governing those rates are changed to show the rates indicated in the
Act.
DATES: Effective Dates: This final rule is effective October 1, 1998.
FOR FURTHER INFORMATION CONTACT: William G. Susling, Jr., Education
Adviser, Education Service, Veterans Benefits Administration (202) 273-
7187.
SUPPLEMENTARY INFORMATION: The Internal Revenue Service Restructuring
and Reform Act of 1998 (Pub. L. 105-206) amended sections 3532, 3534,
and 3542 of title 38, U.S. Code to provide an increase of approximately
20% in educational assistance rates payable under DEA effective October
1, 1998. Changes are made to the regulations governing rates payable
under DEA to reflect the statutory changes.
Nonsubstantive changes also are made for the purpose of clarity.
Substantive changes made by this final rule merely reflect
statutory requirements. Accordingly, there is a basis for dispensing
with prior notice and comment and delayed effective date provisions of
5 U.S.C. 552 and 553.
The Secretary of Veterans Affairs hereby certifies that this final
rule will not have a significant economic impact on a substantial
number of small entities as they are defined in the Regulatory
Flexibility Act, 5 U.S.C. 601-612 and does not directly affect small
entities. This final rule directly affects only individuals. Pursuant
to 5 U.S.C. 605(b), this final rule, therefore, is exempt from the
initial and final regulatory flexibility analyses requirements of
sections 603 and 604.
The Catalog of Federal Domestic Assistance number for the program
affected by this final rule is 64.117.
List of Subjects in 38 CFR Part 21
Administrative practice and procedure, Armed forces, Civil rights,
Claims, Colleges and universities, Conflict of interests, Defense
Department, Education, Employment, Grant programs-education, Grant
programs-veterans, Health programs, Loan programs-education, Loan
programs-veterans, Manpower training programs, Reporting and
recordkeeping requirements, Schools, Travel and transportation
expenses, Veterans, Vocational education, Vocational rehabilitation.
Approved: December 2, 1998.
Togo D. West, Jr.,
Secretary of Veterans Affairs.
For the reasons set out above, 38 CFR part 21, subparts C is
amended as set forth below.
PART 21--VOCATIONAL REHABILITATION AND EDUCATION
Subpart C--Survivors' and Dependents' Educational Assistance Under
38 U.S.C. Chapter 35
1. The authority citation for part 21, subpart C, continues to read
as follows:
Authority: 38 U.S.C. 501(a), 512, 3500-3566, unless otherwise
noted.
2. In Sec. 21.3045, paragraph (h) is revised to read as follows:
Sec. 21.3045 Entitlement charges.
* * * * *
(h) Entitlement charge for correspondence courses. The charge
against entitlement for pursuit of a course exclusively by
correspondence will be 1 month for each:
(1) $404 paid after December 31, 1989, and before October 1, 1998,
to a spouse or surviving spouse as an educational assistance allowance;
(2) $485 paid after September 30, 1998.
(Authority: 38 U.S.C. 3686(a))
* * * * *
3. In Sec. 21.3131, paragraph (a) is revised to read as follows:
Sec. 21.3131 Rates--educational assistance allowance--38 U.S.C.
chapter 35.
(a) Rates. Except as provided in Sec. 21.3132, educational
assistance allowance is payable at the following rates effective
October 1, 1998:
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Type of course Monthly rate
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Institutional:
Full-time.......................... $485.
\3/4\ time......................... $365.
\1/2\ time......................... $242.
Less than \1/2\ but more than \1/4\ $242.
time \1\.
\1/4\ time or less \1\............. $121.
Cooperative training (other than farm $485
cooperative) (Full time only).
Apprentice or on-job (full time only)
\2\:
First six months................... $353.
Second six months.................. $264.
Third six months................... $175.
Fourth six months and thereafter... $88.
Farm cooperative:
Full time.......................... $392.
[[Page 67779]]
\3/4\ time......................... $294.
\1/2\ time......................... $196.
Correspondence......................... 55 percent of the established
charge for the number of
lessons completed by the
eligible spouse or surviving
spouse and serviced by the
school--Allowance paid
quarterly.\3\
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\1\ If an eligible person under 38 U.S.C. chapter 35 pursuing
independent study on a less than one-half-time basis completes his or
her program before the designated completion time, his or her award
will be recomputed to permit payment of tuition and fees not to exceed
$242 or $121, as appropriate, per month, if the maximum allowance is
not initially authorized.
\2\ See footnote 5 of Sec. 21.4270(c) for measurement of full time and
Sec. 21.3132(c) for proportionate reduction in award for completion
of less than 120 hours per month.
\3\ Established charge means the charge for the course or courses
determined on the basis of the lowest extended time payment plan
offered by the institution and approved by the appropriate State
Approving agency or the actual cost to the eligible spouse of
surviving spouse, whichever is less. VA considers the continuity of an
enrollment broken when there are more than 6 months between the
servicing of the lessons.
(Authority: 38 U.S.C. 3532(a), 3542(a), 3687(b)(2))
* * * * *
Sec. 21.3300 [Amended]
4. In Sec. 21.3300, paragraph (c) is amended by removing ``$119''
and adding, in its place, ``$152''.
Sec. 21.3333 [Amended]
5. In Sec. 21.3333, paragraph (a) is amended by removing ``$404''
and adding, in its place, ``$485'', and by removing ``$127'' both
places it appears and adding, in its place, ``$152''; and paragraph
(b)(1) is amended by removing ``$13.46'' and adding, in its place,
``$16.16'', and by removing ``$404'' and adding, in its place,
``$485''.
[FR Doc. 98-32646 Filed 12-8-98; 8:45 am]
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