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38 U.S.C. § 3492 — Tutorial assistance
Federal law — U.S. Code and appendices · legal_authorities
**(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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Stable record: federal_law:legal_authorities:record_usc_7adcd5a882adee1306683905
Source file: Laws/federal/codes/united-states-code/title-38/section-3492-tutorial-assistance--cce573db41.md
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Source location: Title 38, Chapter 34, § 3492; chapter-034-veterans-educational-assistance.md
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**(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
**(a)**
(1) Except in the case of a veteran who makes an election under subsection (f) of this section and subject to the provisions of paragraph (3) of this subsection, each veteran shall be paid a subsistence allowance in accordance with this section during a period determined by the Secretary to be a period of such veteran’s participation under this chapter in a rehabilitation program.
(2)
(A) In any case in which the Secretary determines, at the conclusion of such veteran’s pursuit of a vocational rehabilitation program under this chapter, that such veteran has been rehabilitated to the point of employability, such veteran shall be paid a subsistence allowance, as prescribed in this section for full-time training for the type of program that the veteran was pursuing, for two months while satisfactorily following a program of employment services provided under [section 3104(a)(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3104/a/5&num=0&edition=prelim).
(B) In any case in which the Secretary determines that a veteran described in subparagraph (A) has been displaced as the result of a natural or other disaster while being paid a subsistence allowance under that subparagraph, as determined by the Secretary, the Secretary may extend the payment of a subsistence allowance under such subparagraph for up to an additional two months while the veteran is satisfactorily following a program of employment services described in such subparagraph.
(3) A subsistence allowance may not be paid under this chapter to a veteran for any period during which such veteran is being provided with an initial evaluation under [section 3106(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3106/
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3108
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) Except as provided in subsection (b), (c), or (g) of this section, or [section 3687 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3687&num=0&edition=prelim), while pursuing a program of education under this chapter of half-time or more, each eligible veteran shall be paid the monthly educational assistance allowance set forth in column II, III, IV, or V (whichever is applicable as determined by the veteran’s dependency status) opposite the applicable type of program as shown in column I: Column IColumnIIColumnIIIColumnIVColumn V Type ofprogramNodependentsOnedependentTwodependentsMore thantwodependents The amount in column IV, plus the following for each dependent in excess of two: Institutional training: Full-time$376$448$510 $32 Three-quarter time283336383 24 Half-time188224255 17 Cooperative304355404 23
(2) A “cooperative” program, other than a “farm cooperative” program, means a full-time program of education which consists of institutional courses and alternate phases of training in a business or industrial establishment with the training in the business or industrial establishment being strictly supplemental to the institutional portion.
**(b)** The educational assistance allowance of an individual pursuing a program of education—
(1) while on active duty, or
(2) on less than a half-time basis,
shall be computed at the rate of (A) the established charges for tuition and fees which the institution requires similarly circumstanced nonveterans enrolled in the same program to pay, or (B) $376 per month for a full-time course, whichever is the lesser. An individual’s entitlement shall be charged for institutional courses on the basis of the applicable monthly training time rate as determined under [section 36
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3482
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Federal law — U.S. Code and appendices · legal_authorities
For the purposes of this chapter and chapter 36 of this title—
**(a)**
(1) The term “eligible veteran” means any veteran who—
(A) served on active duty for a period of more than 180 days, any part of which occurred after January 31, 1955, and before January 1, 1977, and was discharged or released therefrom under conditions other than dishonorable;
(B) contracted with the Armed Forces and was enlisted in or assigned to a reserve component prior to January 1, 1977, and as a result of such enlistment or assignment served on active duty for a period of more than 180 days, any part of which commenced within 12 months after January 1, 1977, and was discharged or released from such active duty under conditions other than dishonorable; or
(C) was discharged or released from active duty, any part of which was performed after January 31, 1955, and before January 1, 1977, or following entrance into active service from an enlistment provided for under subparagraph (B), because of a service-connected disability.
(2) The requirement of discharge or release, prescribed in subparagraph (A) or (B) of paragraph (1), shall be waived in the case of any individual who served more than 180 days in an active-duty status for so long as such individual continues on active duty without a break therein.
(3) For purposes of paragraph (1)(A) and section 3461(a), the term “active duty” does not include any period during which an individual (A) was assigned full time by the Armed Forces to a civilian institution for a course of education which was substantially the same as established courses offered to civilians, (B) served as a cadet or midshipman at one of the service academies, or (C) served under the provisions of [section 12103(d) of title 10](https://uscode.house.gov/view.xhtml?re
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3452
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Federal law — U.S. Code and appendices · legal_authorities
For the purposes of this title—
(1) The terms “Secretary” and “Department” mean the Secretary of Veterans Affairs and the Department of Veterans Affairs, respectively.
(2) The term “veteran” means a person who served in the active military, naval, air, or space service, and who was discharged or released therefrom under conditions other than dishonorable.
(3) The term “surviving spouse” means (except for purposes of chapter 19 of this title) a person who was the spouse of a veteran at the time of the veteran’s death, and who lived with the veteran continuously from the date of marriage to the date of the veteran’s death (except where there was a separation which was due to the misconduct of, or procured by, the veteran without the fault of the spouse) and who has not remarried.
(4)
(A) The term “child” means (except for purposes of chapter 19 of this title (other than with respect to a child who is an insurable dependent under subparagraph (B) or (C) of section 1965(10) of such chapter) and [section 8502(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section8502/b&num=0&edition=prelim)) a person who is unmarried and—
(i) who is under the age of eighteen years;
(ii) who, before attaining the age of eighteen years, became permanently incapable of self-support; or
(iii) who, after attaining the age of eighteen years and until completion of education or training (but not after attaining the age of twenty-three years), is pursuing a course of instruction at an approved educational institution;
and who is a legitimate child, a legally adopted child, a stepchild who is a member of a veteran’s household or was a member at the time of the veteran’s death, or an illegitimate child but, as to the alleged father, onl
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 101
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) Except as provided in subsection (b), the Secretary shall conduct an annual compliance survey of educational institutions and training establishments offering one or more courses approved for the enrollment of eligible veterans or persons if at least 20 such veterans or persons are enrolled in any such course. The Secretary shall—
(A) design the compliance surveys to ensure that such institutions or establishments, as the case may be, and approved courses are in compliance with all applicable provisions of chapters 30 through 36 of this title;
(B) survey each such educational institution and training establishment not less than once during every 2-year period; and
(C) assign not fewer than 1 education compliance specialist to work on compliance surveys in any year for each 40 compliance surveys required to be made under this section for such year.
(2) The Secretary, in consultation with the State approving agencies, shall—
(A) annually determine the parameters of the surveys required under paragraph (1); and
(B) not later than September 1 of each year, make available to the State approving agencies a list of the educational institutions and training establishments that will be surveyed during the fiscal year following the date of making such list available.
**(b)** The Secretary may waive the requirement in subsection (a)(1) for a compliance survey with respect to an educational institution or training establishment if the Secretary determines, based on the record of compliance of such institution or establishment with all the applicable provisions of chapters 30 through 36 of this title, that the waiver would be appropriate and in the best interest of the United States Government.
**(c)** To the maximum extent feasible, the Secretary, or
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3693
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** An individual entitled to an educational assistance allowance under this chapter shall also be entitled to 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.
**(b)** The amount of such benefits payable under this section may not exceed $100 per month, for a maximum of twelve months, or until a maximum of $1,200 is utilized. This amount is in addition to the amount of educational assistance allowance payable to the individual under this chapter.
**(c)**
(1) An individual’s period of entitlement to educational assistance under this chapter shall be charged only with respect to the amount of tutorial assistance paid to the individual under this section in excess of $600.
(2) 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 the monthly educational assistance allowance which the individual is otherwise eligible to receive for full-time pursuit of an institutional course under this chapter.
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3019
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Federal law — U.S. Code and appendices · legal_authorities
**(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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3234
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) Any eligible person shall be entitled to the assistance provided an eligible veteran under section 3491(a) (if pursued in a State) of this title and be paid an educational assistance allowance therefor in the manner prescribed by [section 3491(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3491/b&num=0&edition=prelim), except that the corresponding rate provisions of this chapter shall apply, as determined by the Secretary, to such pursuit by an eligible person.
(2) Educational assistance under this chapter for the first five months of full-time pursuit of a program (or the equivalent thereof in part-time educational assistance) consisting of such course or courses shall be provided without charge to entitlement.
**(b)** Any eligible person shall, without charge to any entitlement such person may have under [section 3511 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3511&num=0&edition=prelim), 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).
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3533
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Federal law — U.S. Code and appendices · legal_authorities
Page 773
TITLE 38—VETERANS’ BENEFITS
§ 3492
attaining a secondary school diploma (or an
equivalency certificate).
(Added Pub. L. 91–219, title II, § 204(a)(4), Mar. 26,
1970, 84 Stat. 79, § 1691; amended Pub. L. 92–540,
title III, § 305, Oct. 24, 1972, 86 Stat. 1081; Pub. L.
94–502, title II, § 211(12), Oct. 15, 1976, 90 Stat.
2389; Pub. L. 96–466, title III, § 311, Oct. 17, 1980,
94 Stat. 2194; Pub. L. 97–295, § 4(43), Oct. 12, 1982,
96 Stat. 1308; Pub. L. 97–306, title II, § 203(b), Oct.
14, 1982, 96 Stat. 1434; Pub. L. 101–237, title IV,
§ 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renum-
bered § 3491 and amended Pub. L. 102–83, § 5(a),
(c)(1), Aug. 6, 1991, 105 Stat. 406.)
Editorial Notes
REFERENCES IN TEXT
Section 3473(d)(1) of this title, referred to in subsec.
(c), was repealed by Pub. L. 102–568, title III,
§ 313(a)(3)(A), Oct. 29, 1992, 106 Stat. 4332.
AMENDMENTS
1991—Pub. L. 102–83, § 5(a), renumbered section 1691 of
this title as this section.
Subsec. (a). Pub. L. 102–83, § 5(c)(1), substituted ‘‘3471’’
for ‘‘1671’’ in concluding provisions.
Subsec. (b). Pub. L. 102–83, § 5(c)(1), substituted ‘‘3481
and 3482(a)’’ for ‘‘1681 and 1682(a)’’ in par. (1) and
‘‘3482(a)’’ for ‘‘1682(a)’’ in par. (2).
Subsec. (c). Pub. L. 102–83, § 5(c)(1), substituted
‘‘3473(d)(1)’’ for ‘‘1673(d)(1)’’.
1989—Subsecs. (a), (b). Pub. L. 101–237 substituted
‘‘Secretary’’ for ‘‘Administrator’’ wherever appearing.
1982—Subsec. (a). Pub. L. 97–295, § 4(43)(A), inserted
‘‘of this title’’ after ‘‘section 1671’’.
Subsec. (b)(2). Pub. L. 97–295, § 4(43)(B), inserted ‘‘of
this title’’ after ‘‘section 1682(a)’’.
Subsec. (c). Pub. L. 97–306 substituted ‘‘section
1673(d)(1)’’ for ‘‘section 1673(d)’’.
1980—Subsec. (a). Pub. L. 96–466, § 311(1), in provisions
pre
Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 3492
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