---
kind: "section"
citation: "38 C.F.R. § 21.5744"
title: "38"
number: "21.5744"
heading: "Charges against entitlement."
url: "https://uscodex.org/cfr/38/21.5744"
---

# §21.5744. Charges against entitlement.

- (a) **Charges against entitlement to educational assistance.**
  - (1) Except as provided in [paragraph (a)(2)](#a-2) of this section VA will make a charge against an individual's entitlement to educational assistance of—
    - (i) **One month for each month of a term, quarter or semester—**
      - (A) For which the servicemember receives educational assistance, and
      - (B) During which the servicemember is a full-time student; and
    - (ii) **One-half month for each month of a term, quarter or semester—**
      - (A) For which the individual receives educational assistance, and
      - (B) **During which the servicemember is a part-time student.**
  - (2) VA will prorate the entitlement charge if the individual—
    - (i) Is a student for only part of a month, or
    - (ii) The individual is a full-time student for part of a month and a part-time student for part of the same month.
  - (3) The charge against entitlement to educational assistance should always equal the charge against entitlement to subsistence allowance for the same enrollment period.
- (b) **Charges against entitlement to subsistence allowance.**
  - (1) For each individual, except servicemembers, VA will make a charge against an individual's entitlement to subsistence allowance of—
    - (i) One month for each month the individual is a full-time student receiving subsistence allowance; and
    - (ii) **One-half for each month the individual is a part-time student receiving subsistence allowance.**
  - (2) Even though a servicemember may not receive subsistence allowance, VA will make a charge against a servicemember's entitlement to subsistence allowance of—
    - (i) **One month for each month of a term, quarter or semester—**
      - (A) For which the servicemember received educational assistance and
      - (B) During which the servicemember is a full-time student; and
    - (ii) **One-half month for each month of a term, quarter or semester—**
      - (A) For which the servicemember received educational assistance, and
      - (B) **During which the individual is a part-time student.**
  - (3) VA will prorate the entitlement charge as stated in [paragraph (b)](#b) (1) or (2) of this section during any month for which a servicemember receives educational assistance or for which the individual receives subsistence allowance—
    - (i) For less than a full month, or
    - (ii) **At the full-time rate for part of a month and at the part-time rate for part of the same month.**

## Notes

### Authority

Authority: 10 U.S.C. ch. 107; 38 U.S.C. 501(a), 3695, 5101, 5113, 5303A; 42 U.S.C. 2000; sec. 901, Pub. L. 96-342, 94 Stat. 1111-1114, unless otherwise noted.

### Source

Source: 51 FR 27026, July 29, 1986, unless otherwise noted.