38 CFR § 21.9570 - Transfer of entitlement.
An individual entitled to educational assistance under 38 U.S.C. chapter 33 based on his or her own active duty service, and who is approved by a service department to transfer entitlement, may transfer up to a total of 36 months of his or her entitlement to a dependent (or among dependents). A transferor may not transfer an amount of entitlement that is greater than the entitlement he or she has available at the time of transfer.
(a) Application of sections in subpart P to individuals in receipt of transferred entitlement. In addition to the rules in this section, the following sections apply to a dependent in the same manner as they apply to the individual from whom entitlement was transferred.
(1) Definitions. Section 21.9505—Definitions.
(2) Claims and applications. Section 21.9510—Claims, VA's duty to assist, and time limits.
(3) Eligibility.
(i) Section 21.9530—Eligibility time limit, paragraphs (d) and (e) only; and
(ii) Section 21.9535—Extended period of eligibility, except that extensions to dependents are subject to the transferor's right to revoke or modify transfer at any time and that VA may only extend a child's ending date to the date the child attains age 26.
(4) Entitlement.
(i) Section 21.9550—Entitlement;
(ii) Section 21.9555—Entitlement to supplemental educational assistance;
(iii) Section 21.9560—Entitlement charges.
(5) Counseling.
(i) Section 21.9580—Counseling;
(ii) Section 21.9585—Travel expenses.
(6) Approved programs of education and courses.
(i) Section 21.9590—Approved programs of education and courses;
(ii) Section 21.9600—Overcharges.
(7) Payments—Educational assistance.
(i) Section 21.9620—Educational assistance;
(ii) Section 21.9625—Beginning dates, except for paragraphs (e) and (h);
(iii) Section 21.9630—Suspension or discontinuance of payments;
(iv) Section 21.9635—Discontinuance dates, except for paragraphs (n) and (o);
(v) Section 21.9640—Rates of payment of educational assistance;
(vi) Section 21.9650—Increase in educational assistance;
(vii) Section 21.9655—Rates of supplemental educational assistance;
(viii) Section 21.9660—Rural relocation benefit;
(ix) Section 21.9665—Reimbursement for licensing or certification tests;
(x) Section 21.9670—Work-study allowance;
(xi) Section 21.9675—Conditions that result in reduced rates or no payment;
(xii) Section 21.9680—Certifications and release of payments;
(xiii) Section 21.9685—Tutorial assistance;
(xiv) Section 21.9690—Nonduplication of educational assistance;
(xv) Section 21.9695— Overpayments, except that the dependent and transferor are jointly and severally liable for any amount of overpayment of educational assistance to the dependent; and
(xvi) Section 21.9700—Yellow Ribbon Program.
(8) Pursuit of courses.
(i) Section 21.9710—Pursuit;
(ii) Section 21.9715—Advance payment certification;
(iii) Section 21.9720—Certification of enrollment;
(iv) Section 21.9725—Progress and conduct;
(v) Section 21.9735—Other required reports;
(vi) Section 21.9740—False, late, or missing reports; and
(vii) Section 21.9745—Reporting fee.
(9) Course assessment. Section 21.9750—Course measurement.
(10) Administrative. Section 21.9770—Administrative.
(b) Eligible dependents.
(1) An individual transferring entitlement under this section may transfer entitlement to:
(i) The individual's spouse;
(ii) One or more of the individual's children; or
(iii) A combination of the individuals referred to in paragraphs (b)(1)(i) and (ii) of this section.
(2) A spouse must meet the definition of spouse in § 3.50(a) of this chapter at the time of transfer.
(3) A child must meet the definition of child in § 3.57 of this chapter at the time of transfer. The transferor must make the required designation shown in § 21.9570(d)(1) before the child attains the age of 23.
(4) A stepchild, who meets VA's definition of child in § 3.57 of this chapter at the time of transfer and who is temporarily not living with the transferor, remains a member of the transferor's household if the actions and intentions of the stepchild and transferor establish that normal family ties have been maintained during the temporary absence.
(c) Timeframe during which an individual may transfer entitlement. An individual approved by his or her military department to transfer entitlement may do so at any time while serving as a member of the Armed Forces, subject to the transferor's 15-year period of eligibility as provided in § 21.9530.
(d) Designating dependents; designating the amount to transfer; and period of transfer.
(1) An individual transferring entitlement under this section must:
(i) Designate the dependent or dependents to whom such entitlement is being transferred;
(ii) Designate the number of months of entitlement to be transferred to each dependent; and
(iii) Specify the beginning date and ending date of the period for which the transfer is effective for each dependent.
(2) VA will accept the transferor's designations as shown on any document signed by the transferor that shows the information required in paragraphs (d)(1)(i) through (d)(1)(iii) of this section.
(e) Maximum months of entitlement transferable.
(1) The maximum amount of entitlement a transferor may transfer is the lesser of:
(i) Thirty-six months of his or her entitlement; or
(ii) The maximum amount authorized by the Secretary of the military department concerned; or
(iii) The amount of entitlement he or she has available at the time of transfer.
(2) The transferor may transfer up to the maximum amount of transferable entitlement:
(i) To one dependent; or
(ii) Divided among his or her designated dependents in any manner he or she chooses.
(f) Revocation of transferred entitlement.
(1) A transferor may revoke any unused portion of transferred entitlement at any time by submitting a written notice to both the Secretary of Veterans Affairs and the Secretary of the military department concerned that initially approved the transfer of entitlement. VA will accept a copy of the written notice addressed to the military department as sufficient written notification to VA.
(2) The revocation will be effective the later of—
(i) The date VA receives the notice of revocation; or
(ii) The date the military department concerned receives the notice of revocation.
(g) Modifying a transfer of entitlement.
(1) A transferor may modify the designations he or she made under paragraph (d) of this section at any time. Any modification made will apply only with respect to unused transferred entitlement. The transferor must submit a written notice to both the Secretary of Veterans Affairs and the Secretary of the military department concerned that initially approved the transfer of entitlement. VA will accept a copy of the written notice addressed to the military department as sufficient written notification to VA.
(2) The modification will be effective the later of—
(i) The date VA receives the notice of modification; or
(ii) The date the military department concerned receives the notice of modification.
(h) Prohibition on treatment of transferred entitlement as marital property. Entitlement transferred under this section may not be treated as marital property, or the asset of a marital estate, subject to division in a divorce or other civil proceeding.
(i) Entitlement charge to transferor. VA will reduce the transferor's entitlement at the rate of 1 month of entitlement for each month of transferred entitlement used by a dependent or dependents.
(j) Secondary school diploma (or equivalency certificate). Children who have reached age 18 and spouses may use transferred entitlement to pursue and complete the requirements of a secondary school diploma (or equivalency certificate).
(k) Rate of payment of educational assistance. VA will apply the rules in § 21.9640 (and §§ 21.9650 and 21.9655 when applicable) to determine the educational assistance rate that would apply to the transferor. VA will pay the dependent and/or the dependent's institution of higher learning (or school, educational institution, or institution as defined in § 21.4200(a) if the dependent is using transferred entitlement to pursue and complete the requirements of a secondary school diploma or equivalency certificate) the amounts of educational assistance payable under 38 U.S.C. chapter 33 in the same manner and at the same rate as if the transferor were enrolled in the dependent's program of education, except that VA will—
(1) Disregard the fact that either the transferor or the dependent child is (or both are) on active duty, and pay the veteran rate to a dependent child;
(2) Pay the veteran rate to a surviving spouse; and
(3) Proportionally adjust the payment amounts, other than the book stipend, a dependent would otherwise receive under § 21.9640 if the dependent's months of entitlement will exhaust during the certified enrollment period, by—
(i) Determining the amount of established charges the dependent would otherwise be eligible to receive for the entire enrollment period, then dividing this amount by the number of days in the dependent's quarter, semester, or term, as applicable, to determine the dependent's daily rate, then determining the actual amount of established charges to be paid by multiplying the dependent's daily rate by his or her remaining months and days of entitlement to educational assistance as provided under § 21.9570; and
(ii) Discontinuing the dependent's monthly housing allowance effective as of the date the dependent's months and days of entitlement exhausts.
(l) Transferor fails to complete required service contract that afforded participation in the transferability program.
(1) Dependents are not eligible for transferred entitlement if the transferor fails to complete the amount of service he or she agreed to serve in the Armed Forces in order to participate in the transferability program, unless—
(i) The transferor did not complete the service due to:
(A) His or her death;
(B) A medical condition that preexisted such service on active duty and that the Secretary of the military department concerned determines is not service-connected;
(C) A hardship, as determined by the Secretary of the military concerned; or
(D) A physical or mental condition that was not characterized as a disability and did not result from the individual's own willful misconduct but interfered with the individual's performance of duty, as determined by the Secretary of the military department concerned; or
(ii) The transferor is considered to have completed his or her service agreement as a result of being discharged for—
(A) A disability; or
(B) A reduction in force.
(2) VA will treat all payments of educational assistance to dependents as overpayments if the transferor does not complete the required service unless the transferor does not complete the required service due to one of the reasons stated in paragraph (l)(1)(i) of this section or the transferor was not discharged for one of the reasons stated in paragraph (l)(1)(ii) of this section.
(m) Dependent is eligible for educational assistance under this section and is eligible for educational assistance under 38 U.S.C. chapter 33 based on his or her own service. Dependents who are eligible for payment of educational assistance through transferred entitlement and are eligible for payment under 38 U.S.C. chapter 33 based on their own active service:
(1) May receive educational assistance payable under this section and educational assistance payable based on their own active duty service for the same course; and
(2) Are not subject to the 48 months limit on training provided for in § 21.4020 when combining transferred entitlement with their own entitlement earned under 38 U.S.C. chapter 33 as long as the only educational assistance paid is under 38 U.S.C. chapter 33. If the dependent is awarded educational assistance under another program listed in § 21.4020 (other than 38 U.S.C. chapter 33), the 48 months limit on training will apply.