# 38 CFR § 21.5744: Charges against entitlement

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-38-21.5744

## Section

- **Citation:** 38 CFR § 21.5744
- **Heading:** Charges against entitlement
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** September 22, 2026
- **Source:** Publisher's official text
- **Location:** Title 38—Pensions, Bonuses, and Veterans' Relief > CHAPTER I—DEPARTMENT OF VETERANS AFFAIRS > PART 21—VETERAN READINESS AND EMPLOYMENT AND EDUCATION > Subpart H—Educational Assistance Test Program > Eligibility and Entitlement

## Text

(a) Charges against entitlement to educational assistance. (1) Except as provided in paragraph (a)(2) of this section VA will make a charge against an individual's entitlement to educational assistance of—
(i) One month for each month of a term, quarter or semester—
(A) For which the servicemember receives educational assistance, and
(B) During which the servicemember is a full-time student; and
(ii) One-half month for each month of a term, quarter or semester—
(A) For which the individual receives educational assistance, and
(B) During which the servicemember is a part-time student.
(2) VA will prorate the entitlement charge if the individual—
(i) Is a student for only part of a month, or
(ii) The individual is a full-time student for part of a month and a part-time student for part of the same month.
(3) The charge against entitlement to educational assistance should always equal the charge against entitlement to subsistence allowance for the same enrollment period.
(b) Charges against entitlement to subsistence allowance. (1) For each individual, except servicemembers, VA will make a charge against an individual's entitlement to subsistence allowance of—
(i) One month for each month the individual is a full-time student receiving subsistence allowance; and
(ii) One-half for each month the individual is a part-time student receiving subsistence allowance.
(2) Even though a servicemember may not receive subsistence allowance, VA will make a charge against a servicemember's entitlement to subsistence allowance of—
(i) One month for each month of a term, quarter or semester—
(A) For which the servicemember received educational assistance and
(B) During which the servicemember is a full-time student; and
(ii) One-half month for each month of a term, quarter or semester—
(A) For which the servicemember received educational assistance, and
(B) During which the individual is a part-time student.
(3) VA will prorate the entitlement charge as stated in paragraph (b) (1) or (2) of this section during any month for which a servicemember receives educational assistance or for which the individual receives subsistence allowance—
(i) For less than a full month, or
(ii) At the full-time rate for part of a month and at the part-time rate for part of the same month.
(Authority: 10 U.S.C. 2142)

## Nearby sections

- [38 CFR § 21.5720 § 21.5720 Definitions.](https://www.frixlaw.com/law-library/statutes/ecfr-38-21.5720.md)
- [38 CFR § 21.5725 § 21.5725 Obtaining benefits.](https://www.frixlaw.com/law-library/statutes/ecfr-38-21.5725.md)
- [38 CFR § 21.5730 § 21.5730 Applications, claims, and time limits.](https://www.frixlaw.com/law-library/statutes/ecfr-38-21.5730.md)
- [38 CFR § 21.5740 § 21.5740 Eligibility.](https://www.frixlaw.com/law-library/statutes/ecfr-38-21.5740.md)
- [38 CFR § 21.5741 § 21.5741 Eligibility under more than one program.](https://www.frixlaw.com/law-library/statutes/ecfr-38-21.5741.md)
- [38 CFR § 21.5742 § 21.5742 Entitlement.](https://www.frixlaw.com/law-library/statutes/ecfr-38-21.5742.md)
- [38 CFR § 21.5743 § 21.5743 Transfer of entitlement.](https://www.frixlaw.com/law-library/statutes/ecfr-38-21.5743.md)
- [38 CFR § 21.5744 § 21.5744 Charges against entitlement.](https://www.frixlaw.com/law-library/statutes/ecfr-38-21.5744.md)
- [38 CFR § 21.5745 § 21.5745 Period of entitlement.](https://www.frixlaw.com/law-library/statutes/ecfr-38-21.5745.md)
- [38 CFR § 21.5800 § 21.5800 Courses.](https://www.frixlaw.com/law-library/statutes/ecfr-38-21.5800.md)
- [38 CFR § 21.5810 § 21.5810 Certifications of enrollment.](https://www.frixlaw.com/law-library/statutes/ecfr-38-21.5810.md)
- [38 CFR § 21.5812 § 21.5812 Reports of withdrawals and terminations of attendance and changes in training time.](https://www.frixlaw.com/law-library/statutes/ecfr-38-21.5812.md)
- [38 CFR § 21.5816 § 21.5816 False or fraudulent claims.](https://www.frixlaw.com/law-library/statutes/ecfr-38-21.5816.md)
- [38 CFR § 21.5820 § 21.5820 Educational assistance.](https://www.frixlaw.com/law-library/statutes/ecfr-38-21.5820.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-38-21.5744. Check the current official text before relying on it. Not legal advice.