38 CFR § 21.260 - Subsistence allowance.

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§ 21.260 Subsistence allowance.

(a) General. A veteran participating in a rehabilitation program under 38 U.S.C. chapter 31 will receive a monthly subsistence allowance at the rates in paragraph (b) of this section, unless the veteran elects to receive an alternate payment (for the purposes of part 21, subpart A, referred to as the Post-9/11 subsistence allowance) as specified in paragraph (c) of this section, or payment at the rate of monthly educational assistance allowance payable under 38 U.S.C. chapter 30 for the veteran's type of training. See § 21.264(a) for election of payment at the chapter 30 rate and § 21.264(b) for election of the Post-9/11 subsistence allowance. See §§ 21.7136, 21.7137, and 21.7138 to determine the applicable chapter 30 rate.

(Authority: 38 U.S.C. 3108(a), 3108(b), 3108(f))

(b) Rate of payment. VA pays subsistence allowance at the rates stated in the following tables:

(1) Subsistence allowance is paid at the following rates effective October 1, 1994, and before November 2, 1994:

Type of program No
dependents
One
dependent
Two
dependents
Additional
amount for
each
dependent
over two
Institutional: 1
Full-time $374.93 $465.08 $548.05 $39.95
3/4 time 281.71 349.32 409.76 30.73
1/2 time 188.49 233.56 274.54 20.49
Nonpay or nominal pay on-job training in a Federal, State, or local agency; training in the home; vocational course in a rehabilitation facility or sheltered workshop; independent instructor:
Full-time only 374.93 465.08 548.05 39.95
Nonpay or nominal pay work experience in a Federal, State, or local agency:
Full-time 374.93 465.08 548.05 39.95
3/4 time 281.71 349.32 409.76 30.73
1/2 time 188.49 233.56 274.54 20.49
Farm cooperative, apprenticeship, or other on-job training: 2
Full-time only 327.81 396.44 456.88 29.71
Combination of institutional and OJT (Full-time only):
Institutional greater than 1/2 time 374.93 465.08 548.05 39.45
OJT greater than 1/2 time 327.81 396.44 456.88 29.71
Non-farm cooperative (Full-time only):
Institutional 374.93 465.08 548.05 39.95
On-job 327.81 396.44 456.88 29.71
Improvement of rehabilitation potential:
Full-time only 374.93 465.08 548.05 39.95
3/4 time 281.71 349.32 409.76 30.73
1/2 time 188.49 233.56 274.54 20.49
1/4 time 3 94.24 116.78 137.27 10.24

1 For measurement of rate of pursuit, see §§ 21.4270 through 21.4275.

2 For on-job training, subsistence allowance may not exceed the difference between the monthly training wage, not including overtime, and the entrance journeyman wage for the veteran's objective.

3 The quarter-time rate may be paid only during extended evaluation.

(2) Subsistence allowance is paid at the following rates effective November 2, 1994, and before October 1, 1995:

Type of program No
dependents
One
dependent
Two
dependents
Additional
amount for
each
dependent
over two
Institutional: 1
Full-time $374.93 $465.08 $548.05 $39.95
3/4 time 281.71 349.32 409.76 30.73
1/2 time 188.49 233.56 274.54 20.49
Nonpay or nominal pay on-job training in a facility of a Federal, State, local, or federally recognized Indian tribe agency; training in the home; vocational course in a rehabilitation facility or sheltered workshop; independent instructor:
Full-time only 374.93 465.08 548.05 39.95
Nonpay or nominal pay work experience in a facility of a Federal, State, local, or federally recognized Indian tribe agency:
Full-time 374.93 465.08 548.05 39.95
3/4 time 281.71 349.32 409.76 30.73
1/2 time 188.49 233.56 274.54 20.49
Farm cooperative, apprenticeship, or other on-job training: 2
Full-time only 327.81 396.44 456.88 29.71
Combination of institutional and OJT (Full-time only):
Institutional greater than 1/2 time 374.93 465.08 548.05 39.45
OJT greater than 1/2 time 327.81 396.44 456.88 29.71
Non-farm cooperative (Full-time only):
Institutional 374.93 465.08 548.05 39.95
On-job 327.81 396.44 456.88 29.71
Improvement of rehabilitation potential:
Full-time only 374.93 465.08 548.05 39.95
3/4 time 281.71 349.32 409.76 30.73
1/2 time 188.49 233.56 274.54 20.49
1/4 time 3 94.24 116.78 137.27 10.24

1 For measurement of rate of pursuit, see §§ 21.4270 through 21.4275.

2 For on-job training, subsistence allowance may not exceed the difference between the monthly training wage, not including overtime, and the entrance journeyman wage for the veteran's objective.

3 The quarter-time rate may be paid only during extended evaluation.

(3) The following table states the monthly rates of subsistence allowance payable for participation in a rehabilitation program under 38 U.S.C. Chapter 31 that occurs after September 30, 1995, and before October 1, 1996:

Type of program No
dependents
One
dependent
Two
dependents
Additional
amount for
each
dependent
over two
Institutional: 1
Full-time $385.80 $478.57 $563.94 $41.11
3/4 time 289.88 359.45 421.64 31.62
1/2 time 193.96 240.33 282.50 21.08
Nonpay or nominal pay on-job training in a facility of a Federal, State, local, or federally recognized Indian tribe agency; training in the home; vocational course in a rehabilitation facility or sheltered workshop; independent instructor:
Full-time only 385.80 478.57 563.94 41.11
Nonpay or nominal pay work experience in a facility of a Federal, State, local, or Indian tribe agency:
Full-time 385.80 478.57 563.94 41.11
3/4 time 289.88 359.45 421.64 31.62
1/2 time 193.96 240.33 282.50 21.08
Farm cooperative, apprenticeship, or other on-job training (OJT): 2
Full-time only 337.32 407.94 470.13 30.57
Combination of institutional and OJT (Full-time only):
Institutional greater than 1/2 time 385.80 478.57 563.94 41.11
OJT greater than 1/2 time 2 337.32 407.94 470.13 30.57
Non-farm cooperative (Full-time only):
Institutional 385.80 478.57 563.94 41.11
On-job 2 337.32 407.94 470.13 30.57
Improvement of rehabilitation potential:
Full-time only 385.80 478.57 563.94 41.11
3/4 time 289.88 359.45 421.64 31.62
1/2 time 193.96 240.33 282.50 21.08
1/4 time 3 96.97 120.17 141.25 10.54

1 For measurement of rate of pursuit, see §§ 21.4270 through 21.4275.

2 For on-job training, subsistence allowance may not exceed the difference between the monthly training wage, not including overtime, and the entrance journeyman wage for the veteran's objective.

3 The quarter-time rate may be paid only during extended evaluation.

(4) The following table states the monthly rates of subsistence allowance payable for participation in a rehabilitation program under 38 U.S.C. Chapter 31 that occurs after September 30, 1996, and before October 1, 1997:

Type of program No
dependents
One
dependent
Two
dependents
Additional
amount for
each
dependent
over two
Institutional: 1
Full-time $396.22 $491.49 $579.17 $42.22
3/4time 297.71 369.16 433.02 32.47
1/2 time 199.20 246.82 290.13 21.65
Nonpay or nominal pay on-job training in a facility of a Federal, State, local, or federally recognized Indian tribe agency; training in the home; vocational course in a rehabilitation facility or sheltered workshop; independent instructor:
Full-time only 396.22 491.49 579.17 42.22
Nonpay or nominal pay work experience in a facility of a Federal, State, local, or federally recognized Indian tribe agency:
Full-time 396.22 491.49 579.17 42.22
3/4 time 297.71 369.16 433.02 32.47
1/2 time 199.20 246.82 290.13 21.65
Farm cooperative, apprenticeship, or other on-job training (OJT) 2
Full-time only 346.43 418.95 482.82 31.40
Combination of institutional and OJT (Full-time only):
Institutional greater than 1/2 time 396.22 491.49 579.17 42.22
OJT greater than 1/2 time 2 346.43 418.95 482.82 31.40
Non-farm cooperative (Full-time only):
Institutional 396.22 491.49 579.17 42.22
On-job 2 346.43 418.95 482.82 31.40
Improvement of rehabilitation potential:
Full-time only 396.22 491.49 579.17 42.22
3/4 time 297.71 369.16 433.02 32.47
1/2 time 199.20 246.82 290.13 21.65
1/4 time 3 99.59 123.41 145.06 10.82

1 For measurement of rate of pursuit, see §§ 21.4270 through 21.4275.

2 For on-job training, subsistence allowance may not exceed the difference between the monthly training wage, not including overtime, and the entrance journeyman wage for the veteran's objective.

3 The quarter-time rate may be paid only during extended evaluation.

(5) The following table states the monthly rates of subsistence allowance payable for participation in a rehabilitation program under 38 U.S.C. Chapter 31 that occurs after September 30, 1997, and before November 1, 1998:

Type of program No
dependents
One
dependent
Two
dependents
Additional
amount for
each
dependent
over two
Institutional: 1
Full-time $407.31 $505.25 $595.39 $43.40
3/4 time 306.05 379.50 445.14 33.38
1/2 time 204.78 253.73 298.25 22.26
Nonpay or nominal pay on-job training in a facility of a Federal, State, local, or federally recognized Indian tribe agency; training in the home; vocational course in a rehabilitation facility or sheltered workshop; independent instructor:
Full-time only 407.31 505.25 595.39 43.40
Nonpay or nominal pay work experience in a facility of a Federal, State, local, or federally recognized Indian tribe agency:
Full-time 407.31 505.25 595.39 43.40
3/4 time 306.05 379.50 445.14 33.38
1/2 time 204.78 253.73 298.25 22.26
Farm cooperative, apprenticeship, or other on-job training (OJT): 2
Full-time only 356.13 430.68 496.34 32.28
Combination of institutional and OJT (Full-time only):
Institutional greater than 1/2 time 407.31 505.25 595.39 43.40
OJT greater than 1/2 time 2 356.13 430.68 496.34 32.28
Non-farm cooperative (Full-time only):
Institutional 407.31 505.25 595.39 43.40
On-job 2 356.13 430.68 496.34 32.28
Improvement of rehabilitation potential:
Full-time only 407.31 505.25 595.39 43.40
3/4 time 306.05 379.50 445.14 33.38
1/2 time 204.78 253.73 298.25 22.26
1/4 time 3 102.38 126.87 148.09 11.12

1For measurement of rate of pursuit, see §§ 21.4270 through 21.4275.

2 For on-job training, subsistence allowance may not exceed the difference between the monthly training wage, not including overtime, and the entrance journeyman wage for the veteran's objective.

3 The quarter-time rate may be paid only during extended evaluation.

(6) The following table states the monthly rates of subsistence allowance payable for participation in a rehabilitation program under 38 U.S.C. Chapter 31 that occurs after September 30, 1998, and before October 1, 1999:

Type of program No
dependents
One
dependent
Two
dependents
Additional
amount for
each
dependent
over two
Institutional: 1
Full-time $413.83 $513.33 $604.92 $44.09
3/4 time 310.95 385.57 452.26 33.91
1/2 time 208.06 257.79 303.02 22.62
Nonpay or nominal pay on-job training in a facility of a Federal, State, local, or federally recognized Indian tribe agency; training in the home; vocational course in a rehabilitation facility or sheltered workshop; independent instructor:
Full-time only 413.83 513.33 604.92 44.09
Nonpay or nominal pay work experience in a facility of a Federal, State, local, or federally recognized Indian tribe agency:
Full-time 413.83 513.33 604.92 44.09
3/4 time 310.95 385.57 452.26 33.91
1/2 time 208.06 257.79 303.02 22.62
Farm cooperative, apprenticeship, or other on-job training (OJT): 2
Full-time only 361.83 437.57 504.28 32.80
Combination of institutional and OJT (Full-time only):
Institutional greater than 1/2 time 413.83 513.33 604.92 44.09
OJT greater than 1/2 time 2 361.83 437.57 504.28 32.80
Non-farm cooperative (Full-time only):
Institutional 413.83 513.33 604.92 44.09
On-job 2 361.83 437.57 504.28 32.80
Improvement of rehabilitation potential:
Full-time only 413.83 513.33 604.92 44.09
3/4 time 310.95 385.57 452.26 33.91
1/2 time 208.06 257.79 303.02 22.62
1/4 time 3 104.02 128.90 151.51 11.30

1 For measurement of rate of pursuit, see §§ 21.4270 through 21.4275.

2 For on-job training, subsistence allowance may not exceed the difference between the monthly training wage, not including overtime, and the entrance journeyman wage for the veteran's objective.

3 The quarter-time rate may be paid only during extended evaluation.

(7) The following table states the monthly rates of subsistence allowance payable for participation in a rehabilitation program under 38 U.S.C. Chapter 31 that occurs after September 30, 1999, and before October 1, 2000:

Type of program No
dependents
One
dependent
Two
dependents
Additional
amount for
each
dependent
over two
Institutional: 1
Full-time $420.45 $521.54 $614.60 $44.80
3/4 time 315.93 391.74 459.50 34.45
1/2 time 211.39 261.91 307.87 22.98
Nonpay or nominal pay on-job training in a Federal, State, local, or federally recognized Indian tribe agency; training in the home; vocational course in a rehabilitation facility or sheltered workshop; independent instructor; institutional non-farm cooperative:
Full-time only 420.45 521.54 614.60 44.80
Nonpay or nominal pay work experience in a Federal, State, local, or federally recognized Indian tribe agency:
Full-time 420.45 521.54 614.60 44.80
3/4 time 315.93 391.74 459.50 34.45
1/2 time 211.39 261.91 307.87 22.98
Farm cooperative, apprenticeship, or other on-job training (OJT): 2
Full-time only 367.62 444.57 512.35 33.32
Combination of institutional and OJT (Full-time only):
Institutional greater than 1/2 time 420.45 521.54 614.60 44.80
OJT greater than 1/2 time 2 367.62 444.57 512.35 33.32
Non-farm cooperative (Full-time only):
Institutional 420.45 521.54 614.60 44.80
On-job 2 367.62 444.57 512.35 33.32
Improvement of rehabilitation potential:
Full-time 420.45 521.54 $614.60 $44.80
3/4 time 315.93 391.74 459.50 34.45
1/2 time 211.39 261.91 307.87 22.98
1/4 time 3 105.98 130.96 153.93 11.48

1 For measurement of rate of pursuit, see §§ 21.4270 through 21.4275.

2 For on-job training, subsistence allowance may not exceed the difference between the monthly training wage, not including overtime, and the entrance journeyman wage for the veteran's objective.

3 The quarter-time rate may be paid only during extended evaluation.

(Authority: 38 U.S.C. 3108, 3115(a)(1); Pub. L. 103-446)

(c) Rate of payment of Post-9/11 subsistence allowance. In lieu of the subsistence allowance payable under paragraph (b) of this section, VA pays the Post-9/11 subsistence allowance at the rates in the table at the end of this paragraph, effective August 1, 2011, based on the basic allowance for housing payable under 37 U.S.C. 403. For purposes of the following table:

(1) BAH means “the applicable amount of basic allowance for housing payable under 37 U.S.C. 403 for a member of the military with dependents in pay grade E-5 residing in the military housing area that encompasses all or the majority portion of the ZIP code area in which is located the institution, agency, or employer providing the rehabilitation program concerned”.

(2) BAH National Average means “the average (i.e., unweighted arithmetic mean) monthly amount of the basic allowance for housing payable under 37 U.S.C. 403 for a member of the military with dependents in pay grade E-5 residing in the United States”.

Payment of Post-9/11 Subsistence Allowance in Accordance With Public Law 111-377

[Effective August 1, 2011] 1

Type of program Payment
Institutional: 2
Full-time Entire BAH of institution ZIP code.
3/4 time 3/4 BAH of institution ZIP code.
1/2 time 1/2 BAH of institution ZIP code.
Nonpay or nominal pay on-job training in a Federal, State, local, or federally recognized Indian tribe agency; vocational course in a rehabilitation facility or sheltered workshop; institutional non-farm cooperative:
Full-time only Entire BAH of agency or institution ZIP code.
Nonpay or nominal pay work experience in a Federal, State, local, or federally recognized Indian tribe agency:
Full-time Entire BAH of agency ZIP code.
3/4 time 3/4 BAH of agency ZIP code.
1/2 time 1/2 BAH of agency ZIP code.
Farm cooperative, apprenticeship, or other on-job training (OJT): 3
Full-time only Entire BAH of employer ZIP code.
Combination of institutional and OJT (Full-time only):
Institutional greater than 1/2 time Entire BAH of institution ZIP code.
OJT greater than 1/2 time 3 Entire BAH of employer ZIP code.
Non-farm cooperative (Full-time only):
Institutional Entire BAH of institution ZIP code.
On-job 3 Entire BAH of employer ZIP code.
Improvement of rehabilitation potential:
Full-time Entire BAH of institution ZIP code.
3/4 time 3/4 BAH of institution ZIP code.
1/2 time 1/2 BAH of institution ZIP code.
1/4 time 4 1/4 BAH of institution ZIP code.
Training consisting of solely distance learning: 5
Full-time 1/2 BAH National Average.
3/4 time 3/8 BAH National Average.
1/2 time 1/4 BAH National Average.
Training in the home, including independent instructor:
Full-time only 1/2 BAH National Average.
Training in an institution not assigned a ZIP code, including foreign institutions:
Full-time Entire BAH National Average.
3/4 time 3/4 BAH National Average.
1/2 time 1/2 BAH National Average.

1 Effective August 1, 2011, the Post-9/11 subsistence allowance may be paid in lieu of subsistence allowance authorized in § 21.260(b), and is not adjusted to include dependents.

2 For measurement of rate of pursuit, see §§ 21.4270 and 21.4272 through 21.4275. Payments for courses being taken simultaneously at more than one institution are based on the BAH of the ZIP code assigned to the parent institution.

3 For on-job training, payment of the Post-9/11 subsistence allowance may not exceed the difference between the monthly training wage, not including overtime, and the entrance journeyman wage for the veteran's objective.

4 The quarter-time rate may be paid only during extended evaluation.

5 Payment for training consisting of both distance learning and courses taken at a local institution is based on the BAH of the ZIP code assigned to the local institution.

(Authority: 38 U.S.C. 3108, 3115(a)(1))

(d) Subsistence allowance precluded. A veteran may not receive a subsistence allowance when VA is providing the veteran only the following services:

(1) Initial evaluation;

(2) Placement and post-placement services under 38 U.S.C. 3105(b); or

(3) Counseling.

(Authority: 38 U.S.C. 3108 (a)(1) and (a)(3))

(e) Dependents. The term dependent means a spouse, child or dependent parent who meets the definition of relationship specified in § 3.50, § 3.57 or § 3.59 of this chapter.

(Authority: 38 U.S.C. 3108(b))
[49 FR 40814, Oct. 18, 1984, as amended at 51 FR 9955, Mar. 24, 1986; 52 FR 42113, Nov. 3, 1987; 54 FR 4283, Jan. 30, 1989; 56 FR 7567, Feb. 25, 1991; 60 FR 4561, Jan. 24, 1995; 65 FR 51764, Aug. 25, 2000; 65 FR 60724, Oct. 12, 2000; 76 FR 34000, June 10, 2011; 76 FR 45703, Aug. 1, 2011]

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