---
kind: "section"
citation: "38 C.F.R. § 21.5134"
title: "38"
number: "21.5134"
heading: "Restrictions on paying benefits to servicepersons."
url: "https://uscodex.org/cfr/38/21.5134"
---

# §21.5134. Restrictions on paying benefits to servicepersons.


The Department of Veterans Affairs may not pay benefits to a serviceperson (other than one enrolled in a course, courses or a program of education leading to a secondary school diploma or an equivalency certificate) unless he or she:

- (a) Has completed 3 months of contributions to the fund or has made a lump-sum payment which is the equivalent of at least 3 months of contributions to the fund;
- (b) Has agreed either to have a monthly deduction from his or her military pay, or has made a lump-sum contribution to the fund, or both, so that the 12 months participation requirement of [§ 21.5052(a)](/cfr/38/21.5052.md?p=a) of this part will be met; and
- (c) Is serving on active duty in an enlistment period subsequent to the initial period of active duty defined in [§ 21.5040(b)(3)](/cfr/38/21.5040.md?p=b-3) of this part.

## Notes

### Amendments

[45 FR 31, Jan. 2, 1980, as amended at 47 FR 51746, Nov. 17, 1982; 54 FR 49977, Dec. 4, 1989]

### Authority

Authority: 38 U.S.C. 501(a), chs. 32, 36, and as noted in specific sections.

### Source

Source: 45 FR 31, Jan. 2, 1980, unless otherwise noted.

### Amendments

[45 FR 31, Jan. 2, 1980, as amended at 47 FR 51746, Nov. 17, 1982; 54 FR 49977, Dec. 4, 1989]