Volume 78 · 297
Public Law 88–361
To amend chapter 35 of title 33, United States Code, to provide educational assistance to the children of veterans who are permanently and totally disabled from an injury or disease arising out of active military, naval, or air service during a period of war or the induction period.
Approved July 7, 1964
Statutory text
AN ACT
To amend chapter 35 of title 33, United States Code, to provide educational assistance to the children of veterans who are permanently and totally disabled from an injury or disease arising out of active military, naval, or air service during a period of war or the induction period.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That
section
Veterans’ children.
Educational assistance.
1701(a)(1) of title 38, United States Code, is amended by inserting the following new sentence after the first sentence thereof: “Such term also includes the child of a person who has a total disability permanent in nature resulting from a service-connected disability arising out of service as described in the first sentence hereof, or who died while a disability so evaluated was in existence.”
Section 1701(a) of title 38, United States Code, is amended by adding at the end thereof the following:
“(10) The term ‘total disability permanent in nature’ means any disability rated total for the purposes of disability compensation which is based upon an impairment, reasonably certain to continue throughout the life of the disabled person.”
Section 1701(d) of title 38, United States Code, is amended by striking out the word “death” both places it appears and inserting in lieu thereof “disability or death”.
Sec. 2.
Section 1711 of title 38, United States Code, is amended by adding a new subsection (d) as follows:
“(d) If any child pursuing a program of education, or of specialized
Loss of eligibility.
restorative training, under this chapter ceases to be an ‘eligible person’ because the parent from whom eligibility is derived is found to no longer have a ‘total disability permanent in nature’, as defined in section 1701(a)(10) of this title, then such child (if he has sufficient, remaining entitlement) may, nevertheless, be afforded educational assistance under this chapter until the end of a quarter or semester for which enrolled if the educational institution in which he is enrolled is operated on a quarter or semester system, or if the educational institution is not so operated until the end of the course, or until nine weeks have expired, whichever first occurs.”
Sec. 3.
Section 1712(a)(3) of title 38, United States Code is
amended to read as follows:
“(3) if the Administrator first finds that the parent from whom
Children between ages of 18 to 23.
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 his twenty-third birthday, then (unless paragraph (4) applies) such period shall end five years after, whichever date first occurs (A) the date on which the Administrator 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;”.
Section 1712 of title 38, United States Code, is amended by adding at the end thereof a new subsection as follows:
“(d) Notwithstanding the provisions of subsection (a) of this
Assistance beyond age limitation.
section, an eligible person may be afforded educational assistance beyond the age limitation applicable to him under such subsection by a period of time equivalent to any period of time which elapses between the eighteenth birthday of such eligible person or the date on which an application for benefits of this chapter is filed on behalf of such eligible person, whichever is later, and the date of final approval of such application by the Administrator; but in no event shall educational assistance under this chapter be afforded an eligible person beyond his thirty-first birthday by reason of this subsection.”
Sec. 4.
Section 1762(a) of title 38, United States Code, is amended by adding the following clause before the period at the end thereof: “whether eligibility is based upon the death or upon the total permanent disability of the parent”.
Sec. 5.
In the case of any individual who is an “eligible person” within the meaning of section 1701(a)(1) of title 38, United States Code, solely by virtue of the amendments made by this Act, and who is above the age of seventeen years and below the age of twenty-three years on the elate of enactment of this Act, the period referred to in section 1712 of title 38, United States Code, shall not end with respect to such individual until the expiration of the five-year period which begins on the date of enactment of this Act, excluding from such five-year period any period of time which may elapse between the date on
which application for benefits of chapter 35, United States Code, is filed on behalf of an eligible person and the date of final approval of such application by the Administrator of Veterans’ Affairs; but in no event shall educational assistance under chapter 35, title 38, United States Code, be afforded to any eligible person beyond his thirty-first birthday by reason of this section.
Sec. 6.
Section 1741(b) of title 38, United States Code, is amended to read as follows:
“(b) The total period of educational assistance under this subchapter and other subchapters of this chapter may not exceed the amount of entitlement as established in section 1711 of this title, except that the Administrator may extend such period in the case of any person if he finds that additional assistance is necessary to accomplish the purpose of special restorative training as stated in subsection (a) of tins section.”
Sec. 7.
Section 1643 of title 38, United States Code, is amended by adding at the end thereof the following:
“(c) In order that effective State control may be maintained over educational institutions participating in educational programs carried on under this title, the Administrator shall continue to utilize State approving agencies in the administration of such programs.”
Approved July 7, 1964.