§ 21.260
Subsistence allowance.
(a) General. A veteran participating in a rehabilitation program under 38 U.S.C. Chapter 31 will receive a monthly subsistence allowance at the rates in paragraph (b) of this section, unless the veteran elects to receive payment at the rate of monthly educational assistance allowance payable under 38 U.S.C. Chapter 30 for the veteran's type of training. See § 21.264 for election of payment at the Chapter 30 rate and §§ 21.7136, 21.7137, and 21.7138 to determine the applicable Chapter 30 rate.
(Authority: 38 U.S.C. 3108(a), 3108(f))
(b) Rate of payment. VA pays subsistence allowance at the rates stated in the following tables:
(1) Subsistence allowance is paid at the following rates effective October 1, 1994, and before November 2, 1994:
Type of program
Nodependents
Onedependent
Twodependents
Additionalamount for
each
dependent
over two
Institutional: 1
Full-time
$374.93
$465.08
$548.05
$39.95
3/4 time
281.71
349.32
409.76
30.73
1/2 time
188.49
233.56
274.54
20.49
Nonpay or nominal pay on-job training in a Federal, State, or local agency; training in the home; vocational course in a rehabilitation facility or sheltered workshop; independent instructor:
Full-time only
374.93
465.08
548.05
39.95
Nonpay or nominal pay work experience in a Federal, State, or local agency:
Full-time
374.93
465.08
548.05
39.95
3/4 time
281.71
349.32
409.76
30.73
1/2 time
188.49
233.56
274.54
20.49
Farm cooperative, apprenticeship, or other on-job training: 2
Full-time only
327.81
396.44
456.88
29.71
Combination of institutional and OJT (Full-time only):
Institutional greater than 1/2 time
374.93
465.08
548.05
39.45
OJT greater than 1/2 time
327.81
396.44
456.88
29.71
Non-farm cooperative (Full-time only):
Institutional
374.93
465.08
548.05
39.95
On-job
327.81
396.44
456.88
29.71
Improvement of rehabilitation potential:
Full-time only
374.93
465.08
548.05
39.95
3/4 time
281.71
349.32
409.76
30.73
1/2 time
188.49
233.56
274.54
20.49
1/4 time 3
94.24
116.78
137.27
10.24
1 For measurement of rate of pursuit, see §§ 21.4270 through 21.4275.
2 For on-job training, subsistence allowance may not exceed the difference between the monthly training wage, not including overtime, and the entrance journeyman wage for the veteran's objective.
3 The quarter-time rate may be paid only during extended evaluation.
(2) Subsistence allowance is paid at the following rates effective November 2, 1994, and before October 1, 1995:
Type of program
Nodependents
Onedependent
Twodependents
Additionalamount for
each
dependent
over two
Institutional: 1
Full-time
$374.93
$465.08
$548.05
$39.95
3/4 time
281.71
349.32
409.76
30.73
1/2 time
188.49
233.56
274.54
20.49
Nonpay or nominal pay on-job training in a facility of a Federal, State, local, or federally recognized Indian tribe agency; training in the home; vocational course in a rehabilitation facility or sheltered workshop; independent instructor:
Full-time only
374.93
465.08
548.05
39.95
Nonpay or nominal pay work experience in a facility of a Federal, State, local, or federally recognized Indian tribe agency:
Full-time
374.93
465.08
548.05
39.95
3/4 time
281.71
349.32
409.76
30.73
1/2 time
188.49
233.56
274.54
20.49
Farm cooperative, apprenticeship, or other on-job training: 2
Full-time only
327.81
396.44
456.88
29.71
Combination of institutional and OJT (Full-time only):
Institutional greater than 1/2 time
374.93
465.08
548.05
39.45
OJT greater than 1/2 time
327.81
396.44
456.88
29.71
Non-farm cooperative (Full-time only):
Institutional
374.93
465.08
548.05
39.95
On-job
327.81
396.44
456.88
29.71
Improvement of rehabilitation potential:
Full-time only
374.93
465.08
548.05
39.95
3/4 time
281.71
349.32
409.76
30.73
1/2 time
188.49
233.56
274.54
20.49
1/4 time 3
94.24
116.78
137.27
10.24
1 For measurement of rate of pursuit, see §§ 21.4270 through 21.4275.
2 For on-job training, subsistence allowance may not exceed the difference between the monthly training wage, not including overtime, and the entrance journeyman wage for the veteran's objective.
3 The quarter-time rate may be paid only during extended evaluation.
(3) The following table states the monthly rates of subsistence allowance payable for participation in a rehabilitation program under 38 U.S.C. Chapter 31 that occurs after September 30, 1995, and before October 1, 1996:
Type of program
Nodependents
Onedependent
Twodependents
Additionalamount for
each
dependent
over two
Institutional:1
Full-time
$385.80
$478.57
$563.94
$41.11
3/4 time
289.88
359.45
421.64
31.62
1/2 time
193.96
240.33
282.50
21.08
Nonpay or nominal pay on-job training in a facility of a Federal, State, local, or federally recognized Indian tribe agency; training in the home; vocational course in a rehabilitation facility or sheltered workshop; independent instructor:
Full-time only
385.80
478.57
563.94
41.11
Nonpay or nominal pay work experience in a facility of a Federal, State, local, or Indian tribe agency:
Full-time
385.80
478.57
563.94
41.11
3/4 time
289.88
359.45
421.64
31.62
1/2 time
193.96
240.33
282.50
21.08
Farm cooperative, apprenticeship, or other on-job training (OJT): 2
Full-time only
337.32
407.94
470.13
30.57
Combination of institutional and OJT (Full-time only):
Institutional greater than 1/2 time
385.80
478.57
563.94
41.11
OJT greater than 1/2 time 2
337.32
407.94
470.13
30.57
Non-farm cooperative (Full-time only):
Institutional
385.80
478.57
563.94
41.11
On-job 2
337.32
407.94
470.13
30.57
Improvement of rehabilitation potential:
Full-time only
385.80
478.57
563.94
41.11
3/4 time
289.88
359.45
421.64
31.62
1/2 time
193.96
240.33
282.50
21.08
1/4 time 3
96.97
120.17
141.25
10.54
1 For measurement of rate of pursuit, see §§ 21.4270 through 21.4275.
2 For on-job training, subsistence allowance may not exceed the difference between the monthly training wage, not including overtime, and the entrance journeyman wage for the veteran's objective.
3 The quarter-time rate may be paid only during extended evaluation.
(4) The following table states the monthly rates of subsistence allowance payable for participation in a rehabilitation program under 38 U.S.C. Chapter 31 that occurs after September 30, 1996, and before October 1, 1997:
Type of program
Nodependents
Onedependent
Twodependents
Additionalamount for
each
dependent
over two
Institutional: 1
Full-time
$396.22
$491.49
$579.17
$42.22
3/4time
297.71
369.16
433.02
32.47
1/2 time
199.20
246.82
290.13
21.65
Nonpay or nominal pay on-job training in a facility of a Federal, State, local, or federally recognized Indian tribe agency; training in the home; vocational course in a rehabilitation facility or sheltered workshop; independent instructor:
Full-time only
396.22
491.49
579.17
42.22
Nonpay or nominal pay work experience in a facility of a Federal, State, local, or federally recognized Indian tribe agency:
Full-time
396.22
491.49
579.17
42.22
3/4 time
297.71
369.16
433.02
32.47
1/2 time
199.20
246.82
290.13
21.65
Farm cooperative, apprenticeship, or other on-job training (OJT) 2
Full-time only
346.43
418.95
482.82
31.40
Combination of institutional and OJT (Full-time only):
Institutional greater than 1/2 time
396.22
491.49
579.17
42.22
OJT greater than 1/2 time 2
346.43
418.95
482.82
31.40
Non-farm cooperative (Full-time only):
Institutional
396.22
491.49
579.17
42.22
On-job 2
346.43
418.95
482.82
31.40
Improvement of rehabilitation potential:
Full-time only
396.22
491.49
579.17
42.22
3/4 time
297.71
369.16
433.02
32.47
1/2 time
199.20
246.82
290.13
21.65
1/4 time 3
99.59
123.41
145.06
10.82
1 For measurement of rate of pursuit, see §§ 21.4270 through 21.4275.
2 For on-job training, subsistence allowance may not exceed the difference between the monthly training wage, not including overtime, and the entrance journeyman wage for the veteran's objective.
3 The quarter-time rate may be paid only during extended evaluation.
(5) The following table states the monthly rates of subsistence allowance payable for participation in a rehabilitation program under 38 U.S.C. Chapter 31 that occurs after September 30, 1997, and before November 1, 1998:
Type of program
Nodependents
Onedependent
Twodependents
Additionalamount for
each
dependent
over two
Institutional: 1
Full-time
$407.31
$505.25
$595.39
$43.40
3/4 time
306.05
379.50
445.14
33.38
1/2 time
204.78
253.73
298.25
22.26
Nonpay or nominal pay on-job training in a facility of a Federal, State, local, or federally recognized Indian tribe agency; training in the home; vocational course in a rehabilitation facility or sheltered workshop; independent instructor:
Full-time only
407.31
505.25
595.39
43.40
Nonpay or nominal pay work experience in a facility of a Federal, State, local, or federally recognized Indian tribe agency:
Full-time
407.31
505.25
595.39
43.40
3/4 time
306.05
379.50
445.14
33.38
1/2 time
204.78
253.73
298.25
22.26
Farm cooperative, apprenticeship, or other on-job training (OJT): 2
Full-time only
356.13
430.68
496.34
32.28
Combination of institutional and OJT (Full-time only):
Institutional greater than 1/2 time
407.31
505.25
595.39
43.40
OJT greater than 1/2 time 2
356.13
430.68
496.34
32.28
Non-farm cooperative (Full-time only):
Institutional
407.31
505.25
595.39
43.40
On-job 2
356.13
430.68
496.34
32.28
Improvement of rehabilitation potential:
Full-time only
407.31
505.25
595.39
43.40
3/4 time
306.05
379.50
445.14
33.38
1/2 time
204.78
253.73
298.25
22.26
1/4 time 3
102.38
126.87
148.09
11.12
1For measurement of rate of pursuit, see §§ 21.4270 through 21.4275.
2 For on-job training, subsistence allowance may not exceed the difference between the monthly training wage, not including overtime, and the entrance journeyman wage for the veteran's objective.
3 The quarter-time rate may be paid only during extended evaluation.
(6) The following table states the monthly rates of subsistence allowance payable for participation in a rehabilitation program under 38 U.S.C. Chapter 31 that occurs after September 30, 1998, and before October 1, 1999:
Type of program
Nodependents
Onedependent
Twodependents
Additionalamount for
each
dependent
over two
Institutional: 1
Full-time
$413.83
$513.33
$604.92
$44.09
3/4 time
310.95
385.57
452.26
33.91
1/2 time
208.06
257.79
303.02
22.62
Nonpay or nominal pay on-job training in a facility of a Federal, State, local, or federally recognized Indian tribe agency; training in the home; vocational course in a rehabilitation facility or sheltered workshop; independent instructor:
Full-time only
413.83
513.33
604.92
44.09
Nonpay or nominal pay work experience in a facility of a Federal, State, local, or federally recognized Indian tribe agency:
Full-time
413.83
513.33
604.92
44.09
3/4 time
310.95
385.57
452.26
33.91
1/2 time
208.06
257.79
303.02
22.62
Farm cooperative, apprenticeship, or other on-job training (OJT): 2
Full-time only
361.83
437.57
504.28
32.80
Combination of institutional and OJT (Full-time only):
Institutional greater than 1/2 time
413.83
513.33
604.92
44.09
OJT greater than 1/2 time 2
361.83
437.57
504.28
32.80
Non-farm cooperative (Full-time only):
Institutional
413.83
513.33
604.92
44.09
On-job 2
361.83
437.57
504.28
32.80
Improvement of rehabilitation potential:
Full-time only
413.83
513.33
604.92
44.09
3/4 time
310.95
385.57
452.26
33.91
1/2 time
208.06
257.79
303.02
22.62
1/4 time 3
104.02
128.90
151.51
11.30
1 For measurement of rate of pursuit, see §§ 21.4270 through 21.4275.
2 For on-job training, subsistence allowance may not exceed the difference between the monthly training wage, not including overtime, and the entrance journeyman wage for the veteran's objective.
3 The quarter-time rate may be paid only during extended evaluation.
(7) The following table states the monthly rates of subsistence allowance payable for participation in a rehabilitation program under 38 U.S.C. Chapter 31 that occurs after September 30, 1999, and before October 1, 2000:
Type of program
Nodependents
Onedependent
Twodependents
Additionalamount for
each
dependent
over two
Institutional:1
Full-time
$420.45
$521.54
$614.60
$44.80
3/4 time
315.93
391.74
459.50
34.45
1/2 time
211.39
261.91
307.87
22.98
Nonpay or nominal pay on-job training in a Federal, State, local, or federally recognized Indian tribe agency; training in the home; vocational course in a rehabilitation facility or sheltered workshop; independent instructor; institutional non-farm cooperative:
Full-time only
420.45
521.54
614.60
44.80
Nonpay or nominal pay work experience in a Federal, State, local, or federally recognized Indian tribe agency:
Full-time
420.45
521.54
614.60
44.80
3/4 time
315.93
391.74
459.50
34.45
1/2 time
211.39
261.91
307.87
22.98
Farm cooperative, apprenticeship, or other on-job training (OJT):2
Full-time only
367.62
444.57
512.35
33.32
Combination of institutional and OJT (Full-time only):
Institutional greater than 1/2 time
420.45
521.54
614.60
44.80
OJT greater than 1/2 time2
367.62
444.57
512.35
33.32
Non-farm cooperative (Full-time only):
Institutional
420.45
521.54
614.60
44.80
On-job 2
367.62
444.57
512.35
33.32
Improvement of rehabilitation potential:
Full-time
420.45
521.54
$614.60
$44.80
3/4 time
315.93
391.74
459.50
34.45
1/2 time
211.39
261.91
307.87
22.98
1/4 time 3
105.98
130.96
153.93
11.48
1 For measurement of rate of pursuit, see §§ 21.4270 through 21.4275.
2 For on-job training, subsistence allowance may not exceed the difference between the monthly training wage, not including overtime, and the entrance journeyman wage for the veteran's objective.
3 The quarter-time rate may be paid only during extended evaluation.
(Authority: 38 U.S.C. 3108, 3115(a)(1); Pub. L. 103-446)
(c) Subsistence allowance precluded. A veteran may not receive a subsistence allowance when VA is providing the veteran only the following services:
(1) Initial evaluation;
(2) Placement and post-placement services under 38 U.S.C. 3105(b); or
(3) Counseling.
(Authority: 38 U.S.C. 3108 (a)(1) and (a)(3))
(d) Dependents. The term dependent means a spouse, child or dependent parent who meets the definition of relationship specified in §§ 3.50, 3.51, 3.57 or 3.59 of this chapter.
(Authority: 38 U.S.C. 3108(b))
[49 FR 40814, Oct. 18, 1984, as amended at 51 FR 9955, Mar. 24, 1986; 52 FR 42113, Nov. 3, 1987; 54 FR 4283, Jan. 30, 1989; 56 FR 7567, Feb. 25, 1991; 60 FR 4561, Jan. 24, 1995; 65 FR 51764, Aug. 25, 2000; 65 FR 60724, Oct. 12, 2000]