Vocational rehabilitation and education: Dependents education— Educational assistance rates,

[Federal Register: December 9, 1998 (Volume 63, Number 236)]

[Rules and Regulations]

[Page 67778-67779]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr09de98-4]

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.

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:

   Type of course

   Monthly rate

   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\

   \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. 98-32646Filed12-8-98; 8:45 am]

   BILLING CODE 8320-01-P