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All certifications required by this paragraph shall be in a form and shall contain such information as specified by the Secretary.
(a) Certification needed before an advance payment can be made. In order for a veteran or service member to receive an advance payment of educational assistance, the application or other document must be signed by the veteran or the enrollment certification must be signed by an authorized official of the educational institution.
(Authority: 38 U.S.C. 3034, 3680(d))
(b) Advance payments. All verifications required by this paragraph shall be in a form and shall contain such information as specified by the Secretary.
(1) For each individual receiving an advance payment an educational institution must—
(i) Verify enrollment for the individual; and
(ii) Verify the delivery of the advance payment check to the individual.
(2) Once the educational institution has initially verified the enrollment of the individual, the individual, not the educational institution, must make subsequent verifications in order to release further payment for that enrollment as provided in § 21.7154(a) of this part.
(Authority: 38 U.S.C. 3034, 3680(d))
(c) Accelerated payments.
(1) A veteran or servicemember is eligible for an accelerated payment only if—
(i) The veteran or servicemember submits a signed statement to the school or to VA that states “I request accelerated payment”;
(ii) The veteran or servicemember is enrolled in a course or program of education or training beginning on or after October 1, 2002;
(iii) The veteran is enrolled in an approved program as defined in § 21.4200 (aa);
(iv) The charged tuition and fees for the term, quarter, or semester (or entire program for those programs not offered on a term, quarter or semester basis) divided by the number of months (and fractions thereof) in the enrollment period, exceeds the amount equal to 200 percent of the monthly rate of basic educational assistance allowance otherwise payable under §§ 21.7136 or 21.7137, as applicable;
(v) The veteran or servicemember requesting the accelerated payment has not received an advance payment under § 21.7140(a) for the same enrollment period; and
(vi) The veteran or servicemember has submitted all certifications required under § 21.7154(d) for any previous accelerated payment he or she received.
(2) Except as provided in paragraph (c)(5) of this section, VA will make the accelerated payment directly to the educational institution, in the veteran's or servicemember's name, for delivery to the veteran or servicemember if:
(i) The educational institution submits the enrollment certification required under § 21.7152 before the actual start of the term, quarter or semester (or the start of the program for a program not offered on a term, quarter or semester basis); and
(ii) The educational institution at which the veteran or servicemember is accepted or enrolled agrees to—
(A) Provide for the safekeeping of the accelerated payment check before delivery to the veteran or servicemember;
(B) Deliver the payment to the veteran or servicemember no earlier than the start of the term, quarter or semester (or the start of the program if the program is not offered on a term, quarter or semester basis);
(C) Certify the enrollment of the veteran or servicemember and the amount of tuition and fees therefor; and
(D) Certify the delivery of the accelerated payment to the veteran or servicemember.
(3) VA will make accelerated payments directly to the veteran or servicemember if the enrollment certification required under § 21.7152 is submitted on or after the first day of the enrollment period. VA will electronically deposit the accelerated payment in the veteran's or servicemember's bank account unless—
(i) The veteran or servicemember does not have a bank account; or
(ii) The veteran or servicemember objects to payment by electronic funds transfer.
(4) VA must make the accelerated payment no later than the last day of the month immediately following the month in which VA receives a certification from the educational institution regarding—
(i) The veteran's or servicemember's enrollment in the program of education; and
(ii) The amount of the charged tuition and fees for the term, quarter or semester (or for a program that is not offered on a term, quarter, or semester basis, the entire program).
(5) The Director of the VA field station of jurisdiction may direct that accelerated payments not be made in advance of the first day of the enrollment period in the case of veterans or servicemembers attending an educational institution that demonstrates its inability to discharge its responsibilities for accelerated payments. In such a case, the accelerated payment will be made directly to the veteran or servicemember as provided in paragraph (a)(3).
(Authority: 38 U.S.C. 3014A)
(The Office of Management and Budget has approved the information collection requirements in this section under control number 2900–0636.)
Cite this article: FindLaw.com - Code of Federal Regulations Title 38. Pensions, Bonuses, and Veterans' Relief § 38.21.7151 Advance payment and accelerated payment certifications - last updated October 03, 2022 | https://codes.findlaw.com/cfr/title-38-pensions-bonuses-and-veterans-relief/cfr-sect-38-21-7151/
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