Section 3.57 defines the term "child" of a veteran as, . an unmarried person who is a legitimate child,
a child legally adopted before the age of 18 years, a stepchild who acquired that status before the age of
18 years and who is a member of the veteran's household or was a member of the veteran's household
at the time of the veteran's death, or an illegitimate child; and (i) who is under the age of 18 years; or (ii)
who, before reaching the age of 18 years, became permanently incapable of self-support; or (iii) who,
after reaching the age of 18 years and until completion of education or training (but not after reaching the
age of 23 years) is pursuing a course of instruction at an approved educational institution. (2) For the pur-
poses of determining entitlement of benefits based on a child's school attendance, the term "child" of the
veteran also includes the following unmarried persons: (i) A person who was adopted by the veteran be-
tween the ages of 18 or 23 years. (ii) A person who became a stepchild of a veteran between the ages of
18 or 23 years arid who is a member of the veteran's household at the time of the veteran's death.
Section 3.807(d) sets forth basic eligibility criteria for the program of educational assistance under 38 U.S.C.
Chapter 35. Defines the term "child" as the son or daughter of a veteran who meets the requirements of
38 CFR 3.57, except as to age or marital status.

Section 21.3021 describes beneficiaries of the program. Paragraph (a) defines the term "eligible person" as,
“(1) A child of a: (i) Veteran who died of a service-connected disability. ." Paragraph (b) defines the
term "child" as a son or daughter of a veteran as defined in 38 CFR 3.807(d).

Section 21.3023 states that: "(a) Child; age 18. A child who is eligible for educational assistance and who is also eligible for pension, compensation dependency and indemnity compensation based on school attendance must elect whether he or she will receive educational assistance or pension, compensation or dependency and indemnity compensation. (1) An election of education assistance either before or after the age of 18 years is a bar to subsequent payment or increased rates or additional amounts of pension, compensation or dependency and indemnity compensation on account of a child based on school attendance on or after the age of 18 years. (2) Payment of pension, compensation or dependency and indemnity compensation to or on account of a child after his or her 18th birthday does not bar subsequent payments of educational assistance. (b) Child; under 18 or helpless. Educational assistance allowance or special restorative training allowance may generally be paid concurrently with pension, compensation or dependency and indemnity compensation for a child under the age of 18 years or for a helpless child based on the service of one or more parents. Where, however, entitlement is based on the death of more than one parent in the same parental line, concurrent payments in two or more cases may not be authorized if the death of one such parent occurred on or after June 9, 1960. In the latter cases, an election of eclucational assistance and pension, compensation or dependency and indemnity compensation in one case does not preclude a reelection of benefits before attaining age 18 or while helpless based on the service of another parent in the same parental line.

Section 21.3040 sets forth criteria for the commencement and termination of the program of education or
special restorative training for an eligible child under 38 U.S.C. Chapter 35. Paragraph (a) of this section
provides that a program of education or special restorative training may not be afforded prior to the eligi-
ble persons' 18th birthday or the completion of secondary schooling, whichever is earlier, unless it is de-
termined through counseling that the best interests of the eligible person will be served by entering train-
ing at an earlier date and the eligible person has passed: (1) Compulsory school attendance age under
State law; or (2) his or her 14th birthday and due to physical or mental handicap may benefit by special
restorative or specialized vocational training. Paragraph (c) of this section provides that no person is eligi-
ble for educational assistance who reached his or her 26th birthday on or before the effective date of a
finding of permanent total service-connected disability, or on or before the date the veteran's death oc-
curred, or on or before the 91st day of listing by the Secretary concerned of the member of the Armed
Forces or whose service eligibility is claimed as being is one of the missing categories identified in 38
CFR 21.3021(a) (1)(iii) and (3)(ii). Paragraph (d) provides that no person is eligible for educational assist-
ance beyond his or her 31st birthday, except in certain exceptional cases.
Section 21.3041 sets forth periods of eligibility for an eligible child. Paragraph (a) of this section provides the
basic beginning date for the educational assistance as the person's 18th birthday or successful comple-
tion of secondary schooling, whichever occurs first. Paragraph (b) authorizes certain exceptions to the
basic beginning date, if: (1) A person has passed compulsory school attendance under applicable State
law, or (2) has passed his or her 14th birthday and has a physical or mental handicap. Paragraph (c) pro-
vides the basic ending date as the person's 26th birthday. Paragraphs (d) and (e) set forth criteria for
modifying or extending the ending date.

Section 21.3300 provides that VA may prescribe special restorative training for the purpose of enabling an
eligible child to pursue a program of education, special vocational program, or other appropriate goal,
where needed to overcome or lessen the effects of a physical or mental disability.

Section 21.4102(a) requires VA to provide counseling for the purpose set forth in 38 CFR 21.4100 to an eli-
gible child when: (1) The eligible child may require specialized vocational or special restorative training, or
(2) the eligible child has reached compulsory school attendance age under State law, but has neither
reached his or her 18th birthday nor completed secondary schooling, or (3) if requested by the eligible
child or his or her parent or guardian for the purpose of preparing an educational plan.
Section 21.4139(b) provides that VA will make payment of educational assistance under 38 U.S.C. Chapter
35 to the eligible person if: (1) He or she has attained majority and has no known legal disability or (2) is
in the eligible person's best interests, and there is no reason not to designate the eligible person as
payee. VA may pay minors under this provision.

Section 21.4141 provides that payment of educational assistance allowance under 38 U.S.C. Chapter 35 will
be subject to offsets of amounts of pension, compensation, or dependency and indemnity compensation
paid over the same period on behalf of a child based on school attendance.

Section 17.47(e) provides that within the limits of VA facilities, hospital or nursing home care may be pro-
vided to any veteran with a nonservice-connected disability if such a veteran is 65 years of age or older.

PART 18a-DELEGATION OF RESPONSIBILITY IN CONNECTION WITH TITLE VI, CIVIL RIGHTS ACT OF 1964

Sec.

18a.1 Delegations of responsibility between the Secretary of Veterans Affairs and the Secretary, Department of Health and Human Services, and the Secretary, Department of Education.

18a.2 Delegation to the Chief Benefits Di

rector.

18a.3 Delegation to the Chief Medical Director.

18a.4 Duties of the Director, Contract Compliance Service.

18a.5 Delegation to the General Counsel.

AUTHORITY: 5 U.S.C. 301, 38 U.S.C. 501 and 38 CFR 18.9(d) and appendix A, part 18.

§ 18a.1 Delegations of responsibility between the Secretary of Veterans Affairs and the Secretary, Department of Health and Human Services, and the Secretary, Department of Education.

(a) Authority has been delegated to the Secretary of Veterans Affairs by the Secretary, Department of Health and Human Services, and the Secretary, Department of Education to perform responsibilities of those Departments and of the responsible Departmental officials under Title VI of the Civil Rights Act of 1964 and the Departments' regulations issued thereunder (45 CFR part 80 and 34 CFR part 100) with respect to: Proprietary (i.e., other than public or nonprofit) educational institutions, except if operated by a hospital; and post secondary, nonprofit, educational institutions other than colleges and universities, except if operated by a college or university, a hospital, or a unit of State or local government (i.e., those operating such institutions as an elementary or secondary school, an area vocational school, a school for the handicapped, etc.)

(1) The compliance responsibilities so delegated include:

(i) Soliciting, receiving, and determining the adequacy of assurances of compliance under 45 CFR 80.4 and 34 CFR 100.4;

(ii) All actions under 45 CFR 80.6 including mailing, receiving, and evalu

ating compliance reports under §80.6(b) and 34 CFR 100.6(b); and

(iii) All other actions related to securing voluntary compliance, or related to investigations, compliance reviews, complaints, determinations of apparent failure to comply, and resolutions of matters by informal means.

(2) The Department of Health and Human Services and the Department of Education specifically reserve to themselves the responsibilities for the effectuation of compliance under 45 CFR 80.8, 80.9, 80.10 and 34 CFR 100.8, 100.9 and 100.10.

(b) Authority has been delegated to the Secretary, Department of Health and Human Services and the Secretary, Department of Education, to perform responsibilities of the Department of Veterans Affairs and of the responsible Department of Veterans Affairs official under Title VI of the Civil Rights Act of 1964 and the Department of Veterans Affairs regulations issued thereunder (part 18 of this chapter) with respect to institutions of higher learning, including post-high school institutions which offer nondegree courses for which credit is given and which would be accepted on transfer by a degree-granting institution toward a baccalaureate or higher degree; hospitals and other health facilities and elementary and secondary schools and school systems including, but not limited to, their activities in connection with providing or seeking approval to provide vocational rehabilitation to eligible persons under Chapter 31 of Title 38 U.S.C., or education or training to eligible persons under Chapters 34, 35, or 36 of Title 38 U.S.C.

(1) The compliance responsibilities so delegated include:

(i) Soliciting, receiving, and determining the adequacy of assurances of compliance under §18.4 of this chapter;

(ii) Mailing, receiving, and evaluating compliance reports under § 18.6(b) of this chapter; and

(iii) All other actions related to securing voluntary compliance or related investigations, compliance reviews, complaints, determinations of apparent failure to comply and resolutions of matters by informal means.

(2) The Department of Veterans Affairs specifically reserves to itself responsibilities for effectuation of compliance under §§ 18.8, 18.9, and 18.10 of this chapter. Not included in the delegation to the Secretary, Department of Health and Human Services and the Secretary, Department of Education and specifically reserved to the Department of Veterans Affairs is the exercise of compliance responsibilities with respect to:

(i) Postsecondary schools which do not offer a program or courses leading, or creditable, towards the granting of at least a bachelor's degree, or its equivalent;

(ii) Privately-owned and operated proprietary technical, vocational, and other private schools at the elementary or secondary level; and

(iii) Those institutions of higher learning and elementary and secondary schools and school systems which, as of January 3, 1969, have already been subjected to formal noncompliance proceedings by the Department of Health and Human Services or the Department of Education and have had their right to receive Federal financial assistance from that agency terminated for noncompliance with Title VI of the Civil Rights Act of 1964.

The Department of Veterans Affairs also retains the right to exercise delegated compliance responsibilities itself in special cases with the agreement of the appropriate official in the Department of Health and Human Services or the Department of Education.

(c) Any institution of higher learning or a hospital or other health facility which is listed by the Department of Health and Human Services or the Department of Education as having filed an assurance of compliance will be accepted as having met the requirements of the law for the purpose of payment under 38 U.S.C. Chapters 31, 34, 35, or 36 and 38 U.S.C. sections 1741, 8131–8137 and 8155.

(d) If the Department of Health and Human Services or the Department of Education finds that a school, hospital or other health facility which has signed an assurance of compliance is apparently in noncompliance, action will be initiated by that Department to

obtain compliance by voluntary means. If voluntary compliance is not achieved, the Department of Veterans Affairs will join in subsequent proceedings.

(e) An institution which is on the Department of Health and Human Services or the Department of Education list of noncomplying institutions will be considered to be in a status of compliance for Department of Veterans Affairs purposes if an assurance of compliance is filed with the Department of Veterans Affairs and actual compliance is confirmed. Certificates of eligibility may be issued and enrollments approved and other appropriate payments made until such time as the Department of Veterans Affairs has made an independent determination that the institution is not in compliance.

[35 FR 10759, July 2, 1970, as amended at 51 FR 10385, Mar. 26, 1986]

§ 18a.2 Delegation to the Chief Benefits Director.

The Chief Benefits Director is delegated responsibility for obtaining evidence of voluntary compliance for vocational rehabilitation, education, and special restorative training to implement Title VI, Civil Rights Act of 1964. Authority is delegated to the Chief Benefits Director and designee to take any necessary action as to programs of vocational rehabilitation, education, or special restorative training under 38 U.S.C. Chapters 31, 34, 35, and 36 for the purpose of securing evidence of voluntary compliance directly or through the agencies to whom the Secretary of Veterans Affairs has delegated responsibility for various schools or training establishments to implement part 18 of this chapter. The Chief Benefits Director also is delegated responsibility for obtaining evidence of voluntary compliance from recognized national organizations whose representatives are afforded space and office facilities in field facilities under jurisdiction of the Chief Benefits Director.

[35 FR 10759, July 2, 1970, as amended at 51 FR 10386, Mar. 26, 1986; 54 FR 34984, Aug. 23, 1989]