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38 U.S.C. § 3234 — Tutorial assistance

Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 3234 — Tutorial assistance

**(a)** An individual entitled to benefits under this chapter shall also be entitled to the benefits provided an eligible veteran under [section 3492 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3492&num=0&edition=prelim), subject to the conditions applicable to an eligible veteran under such section. Any amount paid to an individual under this section shall be in addition to the amount of other benefits paid under this chapter. **(b)** An individual’s period of entitlement to educational assistance under this chapter shall be charged only with respect to the amount of educational assistance paid to the individual under this section in excess of $600. **(c)** An individual’s period of entitlement to educational assistance under this chapter shall be charged at the rate of one month for each amount of assistance paid to the individual under this section in excess of $600 that is equal to the amount of monthly educational assistance the individual is otherwise eligible to receive for full-time pursuit of an institutional course under this chapter. **(d)** Payments of benefits under this section shall be made— (1) in the case of the first $600 of such benefits paid to an individual, from funds appropriated, or otherwise available, to the Department of Veterans Affairs for the payment of readjustment benefits; and (2) in the case of payments to an individual for such benefits in excess of $600, from the fund from contributions made to the fund by the veteran and by the Secretary of Defense in the same proportion as these contributions are used to pay other educational assistance to the individual under this chapter.

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Source location: Title 38, Chapter 32, § 3234; chapter-032-post-vietnam-era-veterans-educational-assistance.md

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 3492 — Tutorial assistance

**(a)** In the case of any eligible veteran who— (1) is enrolled in and pursuing a postsecondary course of education on a half-time or more basis at an educational institution; and (2) has a deficiency in a subject required as a part of, or which is prerequisite to, or which is indispensable to the satisfactory pursuit of, an approved program of education, the Secretary may approve individualized tutorial assistance for such veteran if such assistance is necessary for the veteran to complete such program successfully. **(b)** The Secretary shall pay to an eligible veteran receiving tutorial assistance pursuant to subsection (a) of this section, in addition to the educational assistance allowance provided in [section 3482 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3482&num=0&edition=prelim), the cost of such tutorial assistance in an amount not to exceed $100 per month, for a maximum of twelve months, or until a maximum of $1,200 is utilized, upon certification by the educational institution that— (1) the individualized tutorial assistance is essential to correct a deficiency of the eligible veteran in a subject required as a part of, or which is prerequisite to, or which is indispensable to the satisfactory pursuit of, an approved program of education; (2) the tutor chosen to perform such assistance is qualified and is not the eligible veteran’s parent, spouse, child (whether or not married or over eighteen years of age), brother, or sister; and (3) the charges for such assistance do not exceed the customary charges for such tutorial assistance.

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 3234 — Tutorial assistance

Page 717 TITLE 38—VETERANS’ BENEFITS § 3241 of the monthly benefit payment otherwise payable to such individual under this chapter; (2) for each of the second six months of the individual’s pursuit of such program, 55 per- cent of such monthly benefit payment; and (3) for each of the months following the first 12 months of the individual’s pursuit of such program, 35 percent of such monthly benefit payment. (b) In any month in which an individual pur- suing a program of education consisting of a program of apprenticeship or other on-job train- ing fails to complete 120 hours of training, the amount of the monthly benefit payment payable under this chapter to the individual shall be limited to the same proportion of the applicable rate determined under subsection (a) of this sec- tion as the number of hours worked during such month, rounded to the nearest eight hours, bears to 120 hours. (c) For each month that an individual is paid a monthly benefit payment under this chapter, the individual’s entitlement under this chapter shall be charged at the rate of— (1) 75 percent of a month in the case of pay- ments made in accordance with subsection (a)(1) of this section; (2) 55 percent of a month in the case of pay- ments made in accordance with subsection (a)(2) of this section; and (3) 35 percent of a month in the case of pay- ments made in accordance with subsection (a)(3) of this section. (d) For any month in which an individual fails to complete 120 hours of training, the entitle- ment otherwise chargeable under subsection (c) of this section shall be reduced in the same pro- portion as the monthly benefit payment payable is reduced under subsection (b) of this section. (Added Pub. L. 99–576, title III, § 310(b)(2), Oct. 28, 1986, 100 Stat. 32

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