---
kind: "section"
citation: "38 C.F.R. § 21.4501"
title: "38"
number: "21.4501"
heading: "Eligibility."
url: "https://uscodex.org/cfr/38/21.4501"
---

# §21.4501. Eligibility.

- (a) **General.** Any eligible spouse or surviving spouse shall be eligible to receive an education loan if he or she meets the criteria of this section.
- (b) **Eligibility criteria.** To qualify for an education loan—
  - (1) The eligible spouse's or surviving spouse's delimiting period as determined by § [21.3046 (a)](/cfr/38/21.3046.md?p=a), [(b)](/cfr/38/21.3046.md?p=b), or [(d)](/cfr/38/21.3046.md?p=d), or [§ 21.3047](/cfr/38/21.3047.md) must have expired;
  - (2) **The eligible spouse or surviving spouse must—**
    - (i) Have financial resources that may reasonably be expected to be expended for education needs and which are insufficient to meet the actual costs of attendance;
    - (ii) Execute a promissory note payable to the Department of Veterans Affairs, as provided by [§ 21.4504](/cfr/38/21.4504.md);
    - (iii) Have unused entitlement provided under [38 U.S.C. 3511](/usc/38/3511.md);
    - (iv) During the term, quarter, or semester for which the loan is granted, be enrolled on a full-time basis in pursuit of the approved program of education in which he or she was enrolled on the date his or her eligibility expired under § [21.3046 (a)](/cfr/38/21.3046.md?p=a), [(b)](/cfr/38/21.3046.md?p=b), or [(d)](/cfr/38/21.3046.md?p=d), or [§ 21.3047](/cfr/38/21.3047.md); and
    - (v) **Have been enrolled in a program of education on a full-time basis—**
      - (A) On the date his or her period of eligibility expired under § [21.3046 (a)](/cfr/38/21.3046.md?p=a), [(b)](/cfr/38/21.3046.md?p=b), or [(d)](/cfr/38/21.3046.md?p=d), or [§ 21.3047](/cfr/38/21.3047.md); or
      - (B) On the last date of the ordinary term, semester or quarter preceding the date his or her eligibility expired under § [21.3046 (a)](/cfr/38/21.3046.md?p=a), [(b)](/cfr/38/21.3046.md?p=b), or [(d)](/cfr/38/21.3046.md?p=d), or [§ 21.3047](/cfr/38/21.3047.md), if the delimiting date fell during a school break or summer term.
- (c) **Limitations.** The period for which a loan may be granted shall not extend beyond the earliest of the following dates:
  - (1) Two years after the expiration of the period of eligibility as determined by § [21.3046(a)](/cfr/38/21.3046.md?p=a), [(b)](/cfr/38/21.3046.md?p=b), or [(d)](/cfr/38/21.3046.md?p=d), or [§ 21.3047](/cfr/38/21.3047.md);
  - (2) The date on which the eligible spouse's or surviving spouse's entitlement is exhausted; or
  - (3) The date on which the eligible spouse or surviving spouse completes the approved program of education which he or she was pursuing on the date the delimiting period determined by § [21.3046 (a)](/cfr/38/21.3046.md?p=a), [(b)](/cfr/38/21.3046.md?p=b), or [(d)](/cfr/38/21.3046.md?p=d), or [§ 21.3047](/cfr/38/21.3047.md) expired.
- (d) **Exclusions.** No eligible spouse or surviving spouse shall be authorized an education loan if he or she has defaulted on a previous education loan and there is a remaining unliquidated payment due VA.

## Notes

### Amendments

[61 FR 26115, May 24, 1996, as amended at 62 FR 51785, Oct. 3, 1997]

### Authority

Authority: 38 U.S.C. 501, 3537, 3698, 3699, unless otherwise noted.

### Amendments

[61 FR 26115, May 24, 1996, as amended at 62 FR 51785, Oct. 3, 1997]