CFR
- Title 1 - General Provisions
- Title 2 - Grants and Agreements
- Title 3 - The President
- Title 4 - Accounts
- Title 5 - Administrative Personnel
- Title 6 - Domestic Security
- Title 7 - Agriculture
- Title 8 - Aliens and Nationality
- Title 9 - Animals and Animal Products
- Title 10 - Energy
- Title 11 - Federal Elections
- Title 12 - Banks and Banking
- Title 13 - Business Credit and Assistance
- Title 14 - Aeronautics and Space
- Title 15 - Commerce and Foreign Trade
- Title 16 - Commercial Practices
- Title 17 - Commodity and Securities Exchanges
- Title 18 - Conservation of Power and Water Resources
- Title 19 - Customs Duties
- Title 20 - Employees' Benefits
- Title 21 - Food and Drugs
- Title 22 - Foreign Relations
- Title 23 - Highways
- Title 24 - Housing and Urban Development
- Title 25 - Indians
- Title 26 - Internal Revenue
- Title 27 - Alcohol, Tobacco Products and Firearms
- Title 28 - Judicial Administration
- Title 29 - Labor
- Title 30 - Mineral Resources
- Title 31 - Money and Finance: Treasury
- Title 32 - National Defense
- Title 33 - Navigation and Navigable Waters
- Title 34 - Education
- Title 35 - Panama Canal
- Title 36 - Parks, Forests, and Public Property
- Title 37 - Patents, Trademarks, and Copyrights
- Title 38 - Pensions, Bonuses, and Veterans' Relief
- Title 39 - Postal Service
- Title 40 - Protection of Environment
- Title 41 - Public Contracts and Property Management
- Title 42 - Public Health
- Title 43 - Public Lands: Interior
- Title 44 - Emergency Management and Assistance
- Title 45 - Public Welfare
- Title 46 - Shipping
- Title 47 - Telecommunication
- Title 48 - Federal Acquisition Regulations System
- Title 49 - Transportation
- Title 50 - Wildlife and Fisheries
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.
(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 foreachdependentover 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 foreachdependentover 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.
Code of Federal Regulations
173
|
||||
| 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 foreachdependentover 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 foreachdependentover 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 |
|
Code of Federal Regulations
174
|
||||
| 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 foreachdependentover 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 foreachdependentover 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 |
|
Code of Federal Regulations
175
|
||||
| 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 foreachdependentover 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. | ||||
(c) Subsistence allowance precluded.
A veteran may not receive a subsistence allowance when VA is providing the veteran only the following services:
(d) Dependents.
The term dependent means a spouse, child or dependent parent who meets the definition of relationship specified in §§ 3.50, 3.57 or 3.59 of this chapter.
Code of Federal Regulations
Tips