§3512. Periods of eligibility

(a) The educational assistance to which an eligible person (within the meaning of section 3501(a)(1)(A) of this title) is entitled under section 3511 of this title or subchapter V of this chapter may be afforded the person during the period beginning on the person's eighteenth birthday, or on the successful completion of the person's secondary schooling, whichever first occurs, and ending on the person's twenty-sixth birthday, except that-

(1) if the person is above the age of compulsory school attendance under applicable State law, and the Secretary determines that the person's best interests will be served thereby, such period may begin before the person's eighteenth birthday;

(2) if the person has a mental or physical handicap, and the Secretary determines that the person's best interests will be served by pursuing a program of special restorative training or a specialized course of vocational training approved under section 3536 of this title, such period may begin before the person's eighteenth birthday, but not before the person's fourteenth birthday;

(3) if the Secretary first finds that the parent from whom eligibility is derived has a service-connected total disability permanent in nature, or if the death of the parent from whom eligibility is derived occurs, after the eligible person's eighteenth birthday but before the person's twenty-sixth birthday, then (unless paragraph (4) applies) such period shall end 8 years after, whichever date last occurs: (A) the date on which the Secretary first finds that the parent from whom eligibility is derived has a service-connected total disability permanent in nature, or (B) the date of death of the parent from whom eligibility is derived;

(4) if the person serves on duty with the Armed Forces as an eligible person after the person's eighteenth birthday but before the person's twenty-sixth birthday, then such period shall end 8 years after the person's first discharge or release from such duty with the Armed Forces (excluding from such 8 years all periods during which the eligible person served on active duty before August 1, 1962, pursuant to (A) a call or order thereto issued to the person as a Reserve after July 30, 1961, or (B) an extension of enlistment, appointment, or period of duty with the Armed Forces pursuant to section 2 of Public Law 87–117); however, in no event shall such period be extended beyond the person's thirty-first birthday by reason of this paragraph;

(5) if the person becomes eligible by reason of the provisions of section 3501(a)(1)(A)(iii) of this title after the person's eighteenth birthday but before the person's twenty-sixth birthday, then (unless clause (4) of this subsection applies) such period shall end eight years after the date on which the person becomes eligible by reason of such provisions, but in no event shall such period be extended beyond the person's thirty-first birthday by reason of this clause; and

(6)(A) if such person is enrolled in an educational institution regularly operated on the quarter or semester system and such period ends during a quarter or semester, such period shall be extended to the end of the quarter or semester; or

(B) if such person is enrolled in an educational institution operated on other than a quarter or semester system and such period ends after a major portion of the course is completed, such period shall be extended to the end of the course, or until 12 weeks have expired, whichever first occurs.

(b)(1) No person made eligible by section 3501(a)(1)(B) or (D) of this title may be afforded educational assistance under this chapter beyond 10 years after whichever of the following last occurs:

(A) The date on which the Secretary first finds the spouse from whom eligibility is derived has a service-connected total disability permanent in nature.

(B) The date of death of the spouse from whom eligibility is derived who dies while a total disability evaluated as permanent in nature was in existence.

(C) The date on which the Secretary determines that the spouse from whom eligibility is derived died of a service-connected disability.

(2) Notwithstanding the provisions of paragraph (1) of this subsection, in the case of any eligible person (as defined in section 3501(a)(1)(B), (C), or (D) of this title) who was prevented from initiating or completing such person's chosen program of education within such period because of a physical or mental disability which was not the result of such person's own willful misconduct, such person shall, upon application made within one year after (A) the last date of the delimiting period otherwise applicable under this section, (B) the termination of the period of mental or physical disability, or (C) October 1, 1980, whichever is the latest, be granted an extension of the applicable delimiting period for such length of time as the Secretary determines, from the evidence, that such person was so prevented from initiating or completing such program of education. When an extension of the applicable delimiting period is granted under the exception in the preceding sentence, the delimiting period will again begin running on the first day following such eligible person's recovery from such disability on which it is reasonably feasible, as determined in accordance with regulations which the Secretary shall prescribe, for such eligible person to initiate or resume pursuit of a program of education with educational assistance under this chapter.

(3)(A) Notwithstanding the provisions of paragraph (1) of this subsection, any eligible person (as defined in clause (B) or (D) of section 3501(a)(1) of this title) may, subject to the approval of the Secretary, be permitted to elect a date referred to in subparagraph (B) of this paragraph to commence receiving educational assistance benefits under this chapter. The date so elected shall be the beginning date of the delimiting period applicable to such person under this section.

(B) The date which an eligible person may elect under subparagraph (A) of this paragraph is any date during the period beginning on the date the person became an eligible person within the meaning of clause (B) or (D) of section 3501(a)(1) of this title and ending on the date determined under subparagraph (A), (B), or (C) of paragraph (1) of this subsection to be applicable to such person.

(c) Notwithstanding the provisions of subsection (a) of this section, an eligible person may be afforded educational assistance beyond the age limitation applicable to such person under such subsection if (1) such person suspends pursuit of such person's program of education after having enrolled in such program within the time period applicable to such person under such subsection, (2) such person is unable to complete such program after the period of suspension and before attaining the age limitation applicable to such person under such subsection, and (3) the Secretary finds that the suspension was due to conditions beyond the control of such person; but in no event shall educational assistance be afforded such person by reason of this subsection beyond the age limitation applicable to such person under subsection (a) of this section plus a period of time equal to the period such person was required to suspend the pursuit of such person's program, or beyond such person's thirty-first birthday, whichever is earlier.

(d) The term "first finds" as used in this section means the effective date of the rating or date of notification to the veteran from whom eligibility is derived establishing a service-connected total disability permanent in nature whichever is more advantageous to the eligible person.

(e) No person made eligible by section 3501(a)(1)(C) of this title may be afforded educational assistance under this chapter beyond 10 years after the date on which the spouse was listed by the Secretary concerned in one of the categories referred to in such section or December 24, 1970, whichever last occurs.

(f) Any eligible person (as defined in section 3501(a)(1)(B), (C), or (D) of this chapter) shall be entitled to an additional period of eligibility for an education loan under subchapter III of chapter 36 of this title beyond the maximum period provided for in this section pursuant to the same terms and conditions set forth with respect to an eligible veteran in section 3462(a)(2) of this title.

(g) Any entitlement used by any eligible person as a result of eligibility under the provisions of section 3501(a)(1)(A)(iii) or 3501(a)(1)(C) of this title shall be deducted from any entitlement to which such person may subsequently become entitled under the provisions of this chapter.

( Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1194 , §1712; Pub. L. 87–815, §2(a), Oct. 15, 1962, 76 Stat. 926 ; Pub. L. 87–819, §2, Oct. 15, 1962, 76 Stat. 935 ; Pub. L. 88–361, §3, July 7, 1964, 78 Stat. 297 ; Pub. L. 90–77, title III, §307(a), Aug. 31, 1967, 81 Stat. 189 ; Pub. L. 90–631, §2(e), Oct. 23, 1968, 82 Stat. 1333 ; Pub. L. 91–219, title II, §208, Mar. 26, 1970, 84 Stat. 83 ; Pub. L. 91–584, §3, Dec. 24, 1970, 84 Stat. 1575 ; Pub. L. 92–540, title IV, §402(1), Oct. 24, 1972, 86 Stat. 1090 ; Pub. L. 93–337, §2, July 10, 1974, 88 Stat. 292 ; Pub. L. 94–502, title III, §§304, 310(7)–(9), Oct. 15, 1976, 90 Stat. 2390 , 2391; Pub. L. 95–202, title II, §203(a)(2), (b)(2), Nov. 23, 1977, 91 Stat. 1439 , 1440; Pub. L. 96–466, title III, §§321, 322, Oct. 17, 1980, 94 Stat. 2195 ; Pub. L. 97–66, title VI, §605(a), Oct. 17, 1981, 95 Stat. 1036 ; Pub. L. 97–295, §4(44), Oct. 12, 1982, 96 Stat. 1308 ; Pub. L. 98–160, title VII, §702(13), Nov. 21, 1983, 97 Stat. 1009 ; Pub. L. 99–576, title III, §313, Oct. 28, 1986, 100 Stat. 3273 ; Pub. L. 101–237, title IV, §423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092 ; renumbered §3512 and amended Pub. L. 102–83, §5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406 .)

References in Text

Section 2 of Public Law 87–117 [75 Stat. 242], referred to in subsec. (a)(4), was set out as a note under former section 263 of Title 10, Armed Forces.

Amendments

1991-Pub. L. 102–83, §5(a), renumbered section 1712 of this title as this section.

Subsec. (a). Pub. L. 102–83, §5(c)(1), substituted "3501(a)(1)(A)" for "1701(a)(1)(A)" and "3511" for "1711" in introductory provisions, "3536" for "1736" in par. (2), and "3501(a)(1)(A)(iii)" for "1701(a)(1)(A)(iii)" in par. (5).

Subsec. (b). Pub. L. 102–83, §5(c)(1), substituted "3501(a)(1)(B)" for "1701(a)(1)(B)" in pars. (1) and (2) and "3501(a)(1)" for "1701(a)(1)" in par. (3)(A) and (B).

Subsec. (e). Pub. L. 102–83, §5(c)(1), substituted "3501(a)(1)(C)" for "1701(a)(1)(C)".

Subsec. (f). Pub. L. 102–83, §5(c)(1), substituted "3501(a)(1)(B)" for "1701(a)(1)(B)" and "3462(a)(2)" for "1662(a)(2)".

Subsec. (g). Pub. L. 102–83, §5(c)(1), substituted "3501(a)(1)(A)(iii) or 3501(a)(1)(C)" for "1701(a)(1)(A)(iii) or 1701(a)(1)(C)".

1989-Subsecs. (a)(1) to (3), (b)(1)(A), (C), (2), (3)(A), (c). Pub. L. 101–237 substituted "Secretary" for "Administrator" wherever appearing.

1986-Subsec. (b)(3). Pub. L. 99–576 added par. (3).

1983-Subsec. (b)(2)(C). Pub. L. 98–160 substituted "October 1, 1980" for "the effective date of the Veterans' Rehabilitation and Education Amendments of 1980".

1982-Subsec. (a). Pub. L. 97–295, §4(44)(A), inserted "of this title" after "section 1701(a)(1)(A)", and inserted a colon after "last occurs" in cl. (3).

Subsec. (b). Pub. L. 97–295, §4(44)(B), substituted "of this title" for "of this chapter" wherever appearing.

Subsec. (e). Pub. L. 97–295, §4(44)(C), substituted "December 24, 1970" for "the date of enactment of this subsection".

1981-Subsec. (b)(1). Pub. L. 97–66 substituted "after whichever of the following last occurs" for "after whichever last occurs" in the provisions preceding subpar. (A), "The date" for "the date" and "permanent in nature." for "permanent in nature, or;" in subpar. (A), and "The date of death of the spouse from whom eligibility is derived who dies while a total disability evaluated as permanent in nature was in existence" for "the date of death of the spouse from whom eligibility is derived" in subpar. (B), and added subpar. (C).

1980-Subsec. (a)(5), (6). Pub. L. 96–466, §321, added cl. (5) and redesignated former cl. (5) as (6).

Subsec. (b)(2). Pub. L. 96–466, §322, inserted "made within one year after (A) the last date of the delimiting period otherwise applicable under this section, (B) the termination of the period of mental or physical disability, or (C) the effective date of the Veterans' Rehabilitation and Education Amendments of 1980, whichever is the latest" after "application", inserted "so" after "that such veteran was", and inserted provision relating to the running of the delimiting period when an extension of the applicable delimiting period is granted an eligible person.

1977-Subsec. (b). Pub. L. 95–202, §203(a)(2), designated existing provisions as par. (1) and former cls. (1) and (2) thereof as cls. (A) and (B), and added par. (2).

Subsecs. (f), (g). Pub. L. 95–202, §203(b)(2), added subsec. (f) and redesignated former subsec. (f) as (g).

1976-Subsec. (a). Pub. L. 94–502, §§304(1), (2), 310(7), substituted "the person" for "he" and "him" and "the person's" for "his" respectively, in the provision preceding cl. (1), and in cls. (1), (2), (3), and (4), in cls. (3) and (4) "8 years" for "five years", and cl. (5), "such person" for "he", "a quarter or semester" for "the last half of a quarter or semester", "period ends after a major portion of the course is completed" for "periods ends during the last half of the course", and "12 weeks" for "nine weeks".

Subsec. (c). Pub. L. 94–502, §310(8), substituted "such person" for "him" and "he" wherever appearing, and "such person's" for "his" wherever appearing.

Subsec. (d). Pub. L. 94–502, §304(3), struck out subsec. (d) which authorized educational assistance to an eligible person beyond the age limits applicable to him under subsec. (a) of this section by a period of time equivalent to the period of time between his eighteenth birthday or the date of his application, whichever was later, and the date of approval of his application, but in no event beyond his thirty-first birthday. Former subsec. (e) redesignated (d).

Subsec. (e). Pub. L. 94–502, §§304(3), 310(9), redesignated subsec. (f) as (e) and substituted "the spouse" for "her spouse". Former subsec. (e) redesignated (d).

Subsecs. (f), (g). Pub. L. 94–502, §§304(3), 310(9), redesignated subsec. (g) as (f) and substituted "such person" for "he". Former subsec. (f) redesignated (e).

1974-Subsec. (b). Pub. L. 93–337, §2(1), substituted "may be afforded educational assistance under this chapter beyond 10 years" for "may be afforded educational assistance under this chapter beyond eight years".

Subsec. (f). Pub. L. 93–337, §2(2), substituted "may be afforded educational assistance under this chapter beyond 10 years" for "may be afforded educational assistance under this chapter beyond eight years".

1972-Subsec. (a)(2). Pub. L. 92–540 substituted reference to section 1736 of this title for reference to section 1737 of this title.

1970-Subsec. (a)(3). Pub. L. 91–219, §208(1), substituted "last occurs" for "first occurs".

Subsec. (b). Pub. L. 91–584, §3(1), substituted "1701(a)(1)(B) or (D)" for "1701(a)(1)(B) or (C)".

Subsec. (e). Pub. L. 91–219, §208(2), added subsec. (e).

Subsecs. (f), (g). Pub. L. 91–584, §3(2), added subsecs. (f) and (g).

1968-Subsec. (a). Pub. L. 90–631, §2(e)(1), inserted "(within the meaning of section 1701(a)(1)(A))" after "to which an eligible person".

Subsec. (b). Pub. L. 90–631, §2(e)(2), substituted provisions that no person made eligible by section 1701(a) (1)(B) or (C) may be afforded educational assistance under this chapter beyond 8 years after whichever of the specified events last occurs for provisions that no eligible person may be afforded educational assistance under this chapter unless he was discharged or released after each period he was on duty with the armed forces under conditions other than dishonorable, or while he is on duty with the armed forces.

1967-Subsec. (a). Pub. L. 90–77 substituted "twenty-sixth" for "twenty-third" birthday in text preceding cl. (1) and in cls. (3) and (4).

1964-Subsec. (a)(3). Pub. L. 88–361, §3(a), inserted provisions relating to parents with a service-connected total disability permanent in nature.

Subsec. (d). Pub. L. 88–361, §3(b), added subsec. (d).

1962-Subsec. (a). Pub. L. 87–815, among other changes, struck out from cl. (3), provisions which it incorporated into cl. (4), added to such cl. (4) the exclusion from the computation of the five year period, of all periods during which the person served on active duty before Aug. 1, 1962, pursuant to a call as a Reserve after July 30, 1961, or an extension of duty pursuant to Pub. L. 87–117, and redesignated former cl. (4) as (5).

Subsec. (c). Pub. L. 87–819 added subsec. (c).

Effective Date of 1981 Amendment

Amendment by Pub. L. 97–66 effective Oct. 17, 1981, see section 701(b)(1) of Pub. L. 97–66, set out as a note under section 1114 of this title.

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–466 effective Oct. 1, 1980, except as otherwise specifically provided, see section 802(c) of Pub. L. 96–466, set out as a note under section 3452 of this title.

Effective Date of 1977 Amendment

Amendment by Pub. L. 95–202 effective retroactively to May 31, 1976, see section 501 of Pub. L. 95–202, set out as a note under section 101 of this title.

Effective Date of 1976 Amendment

Amendment by sections 304 and 310(7)–(9) of Pub. L. 94–502 effective Oct. 1, 1976, and Oct. 15, 1976, respectively, see section 703(a), (b) of Pub. L. 94–502, set out as an Effective Date note under section 3693 of this title.

Effective Date of 1968 Amendment

Amendment by Pub. L. 90–631 effective first day of second calendar month which begins after Oct. 23, 1968, see section 6(a) of Pub. L. 90–631, set out as an Effective Date note under section 3500 of this title.

Effective Date of 1967 Amendment

Amendment by Pub. L. 90–77 effective first day of first calendar month which begins more than ten days after Aug. 31, 1967, see section 405 of Pub. L. 90–77, set out as a note under section 101 of this title.

Termination of Eligibility Period for a Wife, Widow, or Eligible Person

Section 604 of Pub. L. 92–540, as amended by Pub. L. 93–337, §3, July 10, 1974, 88 Stat. 292 , provided that a wife or widow who was eligible to pursue a program of education exclusively by correspondence under section 1786 [now 3686] of this title or entitled to the benefits of section 1733(a) [now 3533(a)] of this title, had 10 years from Oct. 24, 1972, to complete such program of education or receive such benefits and provided that an eligible person, as defined in section 1701(a)(1) [now 3501(a)(1)] of this title, who was entitled to pursue a program of apprenticeship or other on-job training under section 1787 [now 3687] of this title had 10 years from Oct. 24, 1972, to complete such program or training.

Commencement of Delimiting Period in Cases of Death or of Service-Connected Total Disability Permanent in Nature Occurring Before December 1, 1968

Section 2(f) of Pub. L. 90–631, as amended Pub. L. 97–66, title VI, §605(b), Oct. 17, 1981, 95 Stat. 1036 , provided that in the case of any person who was an eligible person by reason of section 1701(a)(1)(B) or (D) [now 3501(a)(1)(B) or (D)] of this title, if the date of death or the date of the determination of service-connected total disability permanent in nature of the person from whom eligibility was derived occurred before Dec. 1, 1968, the 10-year delimiting period referred to in subsec. (b)(1) of this section was to run from such date and provided that if the death of the person from whom such eligibility was derived occurred before Dec. 1, 1968, and the date on which the Administrator of Veterans' Affairs determined that such person died of a service-connected disability was later than Dec. 1, 1968, the delimiting period referred to in subsec. (b)(1) of this section was to run from the date on which the Administrator made such determination.

Termination of Eligibility Periods

Section 307(b) of Pub. L. 90–77 provided that anyone made eligible for educational assistance under this chapter by Pub. L. 90–77, and who, on the effective date of Pub. L. 90–77, was below the age of twenty-six, was to remain eligible for said assistance until the expiration of the five year period beginning on the effective date of Pub. L. 90–77 as set out in the Effective Date of 1967 Amendment note under section 101 of this title, excluding from such period any time which elapsed between applying for the assistance and the determination of eligibility by the Administrator of Veterans' Affairs, and also provided that the period of eligibility was to terminate regardless of the five year period when the eligible person reached the age of thirty-one.

Pub. L. 89–349, §2, Nov. 8, 1965, 79 Stat. 1313 , provided that anyone made eligible for educational assistance under section 1701 [now 3501] of this title by reason of the amendment of that section by Pub. L. 89–349, and who was between the ages of seventeen and twenty-three on Nov. 8, 1965, was to remain eligible for said assistance until the expiration of the five year period beginning on Nov. 8, 1965.

Section 5 of Pub. L. 88–361 provided that anyone made eligible for educational assistance under section 1701 [now 3501] of this title by reason of the amendment of that section by Pub. L. 88–361, and who was between the ages of seventeen and twenty-three on July 7, 1964, was to remain eligible for said assistance until the expiration of the five year period beginning on July 7, 1964, excluding from such period any time which elapsed between applying for the assistance and the determination of eligibility by the Administrator of Veterans' Affairs, and also provided that the period of eligibility was to terminate regardless of the five year period when the eligible person reached the age of thirty-one.

Extension of Period for Completion of Education

Pub. L. 87–377, §2, Oct. 4, 1961, 75 Stat. 806 , which contained a savings clause which granted five years of educational training to certain children in the Philippines, was repealed by Pub. L. 91–24, §14(d), June 11, 1969, 83 Stat. 35 , effective June 11, 1969, except as to any indebtedness which may be due the Government as the result of any benefits granted thereunder.

Children of Spanish-American War Veterans

Pub. L. 86–236, §2, Sept. 8, 1959, 73 Stat. 471 , as amended by Pub. L. 87–815, §2(b), Oct. 15, 1962, 76 Stat. 927 , which contained a savings clause which granted five years of educational training to certain children of Spanish-American War veterans, was repealed by Pub. L. 91–24, §14(b), June 11, 1969, 83 Stat. 35 , effective June 11, 1969, except as to any indebtedness which may be due the Government as the result of any benefits granted thereunder.

Section Referred to in Other Sections

This section is referred to in sections 3501, 3565 of this title.