§21.7144. Overpayments.
38 C.F.R. § 21.7144
Prevention of overpayments. In administering benefits payable under 38 U.S.C. chapter 30, VA will apply the provisions of § 21.4008. See § 21.7133.
Liability for overpayments.
The amount of the overpayment of educational assistance paid to a veteran or servicemember constitutes a liability of that veteran or servicemember.
The amount of the overpayment of educational assistance paid to a veteran or servicemember constitutes a liability of the educational institution if VA determines that the overpayment was made as the result of willful or negligent:
False certification by the educational institution; or
Endorsement of a veteran's or servicemember's false certification of his or her actual attendance.
Recovery of overpayments. In determining whether an overpayment should be recovered from an educational institution, VA will apply the provisions of § 21.4009 (except paragraph (a)(1)) to overpayments of educational assistance under 38 U.S.C. chapter 30.
Notes, amendments, and revision history
Amendments
[62 FR 55761, Oct. 28, 1997. Redesignated at 68 FR 35180, June 12, 2003.]
Authority
Authority: 38 U.S.C. 501(a), chs. 30, 36, and as noted in specific sections.
Source
Source: 53 FR 1757, Jan. 22, 1988, unless otherwise noted.
Amendments
[62 FR 55761, Oct. 28, 1997. Redesignated at 68 FR 35180, June 12, 2003.]