38 C.F.R. § 21.260

Current through May 31, 2024

Section 21.260 - Subsistence allowance

(a)General. A veteran participating in a rehabilitation program under 38 U.S.C. chapter 31 will receive a monthly subsistence allowance at the rates in paragraph (b) of this section, unless the veteran elects to receive an alternate payment (for the purposes of part 21, subpart A, referred to as the Post-9/11 subsistence allowance) as specified in paragraph (c) of this section, or payment at the rate of monthly educational assistance allowance payable under 38 U.S.C. chapter 30 for the veteran's type of training. See§ 21.264(a) for election of payment at the chapter 30 rate and § 21.264(b) for election of the Post-9/11 subsistence allowance. See§§ 21.7136 , 21.7137 , and 21.7138 to determine the applicable chapter 30 rate.

(Authority: 38 U.S.C. 3108(a) , 3108(b) , 3108(f) )

(b)Rate of payment. VA pays subsistence allowance at the rates stated in the following tables:

(1) Subsistence allowance is paid at the following rates effective October 1, 1994, and before November 2, 1994:

Type of program	No dependents	One dependent	Two dependents	Additional amount for each dependent over two
Institutional:1
Full-time	$374.93	$465.08	$548.05	$39.95
3/4 time	281.71	349.32	409.76	30.73
1/2 time	188.49	233.56	274.54	20.49
Nonpay or nominal pay on-job training in a Federal, State, or local agency; training in the home; vocational course in a rehabilitation facility or sheltered workshop; independent instructor:
Full-time only	374.93	465.08	548.05	39.95
Nonpay or nominal pay work experience in a Federal, State, or local agency:
Full-time	374.93	465.08	548.05	39.95
3/4 time	281.71	349.32	409.76	30.73
1/2 time	188.49	233.56	274.54	20.49
Farm cooperative, apprenticeship, or other on-job training:2
Full-time only	327.81	396.44	456.88	29.71
Combination of institutional and OJT (Full-time only):
Institutional greater than 1/2 time	374.93	465.08	548.05	39.45
OJT greater than 1/2 time	327.81	396.44	456.88	29.71
Non-farm cooperative (Full-time only):
Institutional	374.93	465.08	548.05	39.95
On-job	327.81	396.44	456.88	29.71
Improvement of rehabilitation potential:
Full-time only	374.93	465.08	548.05	39.95
3/4 time	281.71	349.32	409.76	30.73
1/2 time	188.49	233.56	274.54	20.49
1/4 time3	94.24	116.78	137.27	10.24

¹ For measurement of rate of pursuit, see §§ 21.4270 through 21.4275 .

² For on-job training, subsistence allowance may not exceed the difference between the monthly training wage, not including overtime, and the entrance journeyman wage for the veteran's objective.

³ The quarter-time rate may be paid only during extended evaluation.

(2) Subsistence allowance is paid at the following rates effective November 2, 1994, and before October 1, 1995:

Type of program	No dependents	One dependent	Two dependents	Additional amount for each dependent over two
Institutional:1
Full-time	$374.93	$465.08	$548.05	$39.95
3/4 time	281.71	349.32	409.76	30.73
1/2 time	188.49	233.56	274.54	20.49
Nonpay or nominal pay on-job training in a facility of a Federal, State, local, or federally recognized Indian tribe agency; training in the home; vocational course in a rehabilitation facility or sheltered workshop; independent instructor:
Full-time only	374.93	465.08	548.05	39.95
Nonpay or nominal pay work experience in a facility of a Federal, State, local, or federally recognized Indian tribe agency:
Full-time	374.93	465.08	548.05	39.95
3/4 time	281.71	349.32	409.76	30.73
1/2 time	188.49	233.56	274.54	20.49
Farm cooperative, apprenticeship, or other on-job training:2
Full-time only	327.81	396.44	456.88	29.71
Combination of institutional and OJT (Full-time only):
Institutional greater than 1/2 time	374.93	465.08	548.05	39.45
OJT greater than 1/2 time	327.81	396.44	456.88	29.71
Non-farm cooperative (Full-time only):
Institutional	374.93	465.08	548.05	39.95
On-job	327.81	396.44	456.88	29.71
Improvement of rehabilitation potential:
Full-time only	374.93	465.08	548.05	39.95
3/4 time	281.71	349.32	409.76	30.73
1/2 time	188.49	233.56	274.54	20.49
1/4 time3	94.24	116.78	137.27	10.24

¹ For measurement of rate of pursuit, see §§ 21.4270 through 21.4275 .

² For on-job training, subsistence allowance may not exceed the difference between the monthly training wage, not including overtime, and the entrance journeyman wage for the veteran's objective.

³ The quarter-time rate may be paid only during extended evaluation.

(3) The following table states the monthly rates of subsistence allowance payable for participation in a rehabilitation program under 38 U.S.C. Chapter 31 that occurs after September 30, 1995, and before October 1, 1996:

Type of program	No dependents	One dependent	Two dependents	Additional amount for each dependent over two
Institutional:1
Full-time	$385.80	$478.57	$563.94	$41.11
3/4 time	289.88	359.45	421.64	31.62
1/2 time	193.96	240.33	282.50	21.08
Nonpay or nominal pay on-job training in a facility of a Federal, State, local, or federally recognized Indian tribe agency; training in the home; vocational course in a rehabilitation facility or sheltered workshop; independent instructor:
Full-time only	385.80	478.57	563.94	41.11
Nonpay or nominal pay work experience in a facility of a Federal, State, local, or Indian tribe agency:
Full-time	385.80	478.57	563.94	41.11
3/4 time	289.88	359.45	421.64	31.62
1/2 time	193.96	240.33	282.50	21.08
Farm cooperative, apprenticeship, or other on-job training (OJT):2
Full-time only	337.32	407.94	470.13	30.57
Combination of institutional and OJT (Full-time only):
Institutional greater than 1/2 time	385.80	478.57	563.94	41.11
OJT greater than 1/2 time2	337.32	407.94	470.13	30.57
Non-farm cooperative (Full-time only):
Institutional	385.80	478.57	563.94	41.11
On-job2	337.32	407.94	470.13	30.57
Improvement of rehabilitation potential:
Full-time only	385.80	478.57	563.94	41.11
3/4 time	289.88	359.45	421.64	31.62
1/2 time	193.96	240.33	282.50	21.08
1/4 time3	96.97	120.17	141.25	10.54

¹ For measurement of rate of pursuit, see §§ 21.4270 through 21.4275 .

² For on-job training, subsistence allowance may not exceed the difference between the monthly training wage, not including overtime, and the entrance journeyman wage for the veteran's objective.

³ The quarter-time rate may be paid only during extended evaluation.

(4) The following table states the monthly rates of subsistence allowance payable for participation in a rehabilitation program under 38 U.S.C. Chapter 31 that occurs after September 30, 1996, and before October 1, 1997:

Type of program	No dependents	One dependent	Two dependents	Additional amount for each dependent over two
Institutional:1
Full-time	$396.22	$491.49	$579.17	$42.22
3/4time	297.71	369.16	433.02	32.47
1/2 time	199.20	246.82	290.13	21.65
Nonpay or nominal pay on-job training in a facility of a Federal, State, local, or federally recognized Indian tribe agency; training in the home; vocational course in a rehabilitation facility or sheltered workshop; independent instructor:
Full-time only	396.22	491.49	579.17	42.22
Nonpay or nominal pay work experience in a facility of a Federal, State, local, or federally recognized Indian tribe agency:
Full-time	396.22	491.49	579.17	42.22
3/4 time	297.71	369.16	433.02	32.47
1/2 time	199.20	246.82	290.13	21.65
Farm cooperative, apprenticeship, or other on-job training (OJT)2
Full-time only	346.43	418.95	482.82	31.40
Combination of institutional and OJT (Full-time only):
Institutional greater than 1/2 time	396.22	491.49	579.17	42.22
OJT greater than 1/2 time2	346.43	418.95	482.82	31.40
Non-farm cooperative (Full-time only):
Institutional	396.22	491.49	579.17	42.22
On-job2	346.43	418.95	482.82	31.40
Improvement of rehabilitation potential:
Full-time only	396.22	491.49	579.17	42.22
3/4 time	297.71	369.16	433.02	32.47
1/2 time	199.20	246.82	290.13	21.65
1/4 time3	99.59	123.41	145.06	10.82

¹ For measurement of rate of pursuit, see §§ 21.4270 through 21.4275 .

² For on-job training, subsistence allowance may not exceed the difference between the monthly training wage, not including overtime, and the entrance journeyman wage for the veteran's objective.

³ The quarter-time rate may be paid only during extended evaluation.

(5) The following table states the monthly rates of subsistence allowance payable for participation in a rehabilitation program under 38 U.S.C. Chapter 31 that occurs after September 30, 1997, and before November 1, 1998:

Type of program	No dependents	One dependent	Two dependents	Additional amount for each dependent over two
Institutional:1
Full-time	$407.31	$505.25	$595.39	$43.40
3/4 time	306.05	379.50	445.14	33.38
1/2 time	204.78	253.73	298.25	22.26
Nonpay or nominal pay on-job training in a facility of a Federal, State, local, or federally recognized Indian tribe agency; training in the home; vocational course in a rehabilitation facility or sheltered workshop; independent instructor:
Full-time only	407.31	505.25	595.39	43.40
Nonpay or nominal pay work experience in a facility of a Federal, State, local, or federally recognized Indian tribe agency:
Full-time	407.31	505.25	595.39	43.40
3/4 time	306.05	379.50	445.14	33.38
1/2 time	204.78	253.73	298.25	22.26
Farm cooperative, apprenticeship, or other on-job training (OJT):2
Full-time only	356.13	430.68	496.34	32.28
Combination of institutional and OJT (Full-time only):
Institutional greater than 1/2 time	407.31	505.25	595.39	43.40
OJT greater than 1/2 time2	356.13	430.68	496.34	32.28
Non-farm cooperative (Full-time only):
Institutional	407.31	505.25	595.39	43.40
On-job2	356.13	430.68	496.34	32.28
Improvement of rehabilitation potential:
Full-time only	407.31	505.25	595.39	43.40
3/4 time	306.05	379.50	445.14	33.38
1/2 time	204.78	253.73	298.25	22.26
1/4 time3	102.38	126.87	148.09	11.12

¹For measurement of rate of pursuit, see §§ 21.4270 through 21.4275 .

² For on-job training, subsistence allowance may not exceed the difference between the monthly training wage, not including overtime, and the entrance journeyman wage for the veteran's objective.

³ The quarter-time rate may be paid only during extended evaluation.

(6) The following table states the monthly rates of subsistence allowance payable for participation in a rehabilitation program under 38 U.S.C. Chapter 31 that occurs after September 30, 1998, and before October 1, 1999:

Type of program	No dependents	One dependent	Two dependents	Additional amount for each dependent over two
Institutional:1
Full-time	$413.83	$513.33	$604.92	$44.09
3/4 time	310.95	385.57	452.26	33.91
1/2 time	208.06	257.79	303.02	22.62
Nonpay or nominal pay on-job training in a facility of a Federal, State, local, or federally recognized Indian tribe agency; training in the home; vocational course in a rehabilitation facility or sheltered workshop; independent instructor:
Full-time only	413.83	513.33	604.92	44.09
Nonpay or nominal pay work experience in a facility of a Federal, State, local, or federally recognized Indian tribe agency:
Full-time	413.83	513.33	604.92	44.09
3/4 time	310.95	385.57	452.26	33.91
1/2 time	208.06	257.79	303.02	22.62
Farm cooperative, apprenticeship, or other on-job training (OJT):2
Full-time only	361.83	437.57	504.28	32.80
Combination of institutional and OJT (Full-time only):
Institutional greater than 1/2 time	413.83	513.33	604.92	44.09
OJT greater than 1/2 time2	361.83	437.57	504.28	32.80
Non-farm cooperative (Full-time only):
Institutional	413.83	513.33	604.92	44.09
On-job2	361.83	437.57	504.28	32.80
Improvement of rehabilitation potential:
Full-time only	413.83	513.33	604.92	44.09
3/4 time	310.95	385.57	452.26	33.91
1/2 time	208.06	257.79	303.02	22.62
1/4 time3	104.02	128.90	151.51	11.30

¹ For measurement of rate of pursuit, see §§ 21.4270 through 21.4275 .

² For on-job training, subsistence allowance may not exceed the difference between the monthly training wage, not including overtime, and the entrance journeyman wage for the veteran's objective.

³ The quarter-time rate may be paid only during extended evaluation.

(7) The following table states the monthly rates of subsistence allowance payable for participation in a rehabilitation program under 38 U.S.C. Chapter 31 that occurs after September 30, 1999, and before October 1, 2000:

Type of program	No dependents	One dependent	Two dependents	Additional amount for each dependent over two
Institutional:1
Full-time	$420.45	$521.54	$614.60	$44.80
3/4 time	315.93	391.74	459.50	34.45
1/2 time	211.39	261.91	307.87	22.98
Nonpay or nominal pay on-job training in a Federal, State, local, or federally recognized Indian tribe agency; training in the home; vocational course in a rehabilitation facility or sheltered workshop; independent instructor; institutional non-farm cooperative:
Full-time only	420.45	521.54	614.60	44.80
Nonpay or nominal pay work experience in a Federal, State, local, or federally recognized Indian tribe agency:
Full-time	420.45	521.54	614.60	44.80
3/4 time	315.93	391.74	459.50	34.45
1/2 time	211.39	261.91	307.87	22.98
Farm cooperative, apprenticeship, or other on-job training (OJT):2
Full-time only	367.62	444.57	512.35	33.32
Combination of institutional and OJT (Full-time only):
Institutional greater than 1/2 time	420.45	521.54	614.60	44.80
OJT greater than 1/2 time2	367.62	444.57	512.35	33.32
Non-farm cooperative (Full-time only):
Institutional	420.45	521.54	614.60	44.80
On-job2	367.62	444.57	512.35	33.32
Improvement of rehabilitation potential:
Full-time	420.45	521.54	$614.60	$44.80
3/4 time	315.93	391.74	459.50	34.45
1/2 time	211.39	261.91	307.87	22.98
1/4 time3	105.98	130.96	153.93	11.48

¹ For measurement of rate of pursuit, see §§ 21.4270 through 21.4275 .

² For on-job training, subsistence allowance may not exceed the difference between the monthly training wage, not including overtime, and the entrance journeyman wage for the veteran's objective.

³ The quarter-time rate may be paid only during extended evaluation.

(Authority: 38 U.S.C. 3108 , 3115(a)(1) ; Pub. L. 103-446 )

(c)Rate of payment of Post-9/11 subsistence allowance. In lieu of the subsistence allowance payable under paragraph (b) of this section, VA pays the Post-9/11 subsistence allowance at the rates in the table at the end of this paragraph, effective August 1, 2011, based on the basic allowance for housing payable under 37 U.S.C. 403 . For purposes of the following table:

(1)BAH means "the applicable amount of basic allowance for housing payable under 37 U.S.C. 403 for a member of the military with dependents in pay grade E-5 residing in the military housing area that encompasses all or the majority portion of the ZIP code area in which is located the institution, agency, or employer providing the rehabilitation program concerned".

(2)BAH National Average means "the average (i.e., unweighted arithmetic mean) monthly amount of the basic allowance for housing payable under 37 U.S.C. 403 for a member of the military with dependents in pay grade E-5 residing in the United States".

Payment of Post-9/11 Subsistence Allowance in Accordance With Public Law 111-377

[Effective August 1, 2011]¹

Type of program	Payment
Institutional:2
Full-time	Entire BAH of institution ZIP code.
3/4 time	3/4BAH of institution ZIP code.
1/2 time	1/2BAH of institution ZIP code.
Nonpay or nominal pay on-job training in a Federal, State, local, or federally recognized Indian tribe agency; vocational course in a rehabilitation facility or sheltered workshop; institutional non-farm cooperative:
Full-time only	Entire BAH of agency or institution ZIP code.
Nonpay or nominal pay work experience in a Federal, State, local, or federally recognized Indian tribe agency:
Full-time	Entire BAH of agency ZIP code.
3/4 time	3/4BAH of agency ZIP code.
1/2 time	1/2BAH of agency ZIP code.
Farm cooperative, apprenticeship, or other on-job training (OJT):3
Full-time only	Entire BAH of employer ZIP code.
Combination of institutional and OJT (Full-time only):
Institutional greater than 1/2 time	Entire BAH of institution ZIP code.
OJT greater than 1/2 time3	Entire BAH of employer ZIP code.
Non-farm cooperative (Full-time only):
Institutional	Entire BAH of institution ZIP code.
On-job3	Entire BAH of employer ZIP code.
Improvement of rehabilitation potential:
Full-time	Entire BAH of institution ZIP code.
3/4 time	3/4BAH of institution ZIP code.
1/2 time	1/2BAH of institution ZIP code.
1/4 time4	1/4BAH of institution ZIP code.
Training consisting of solely distance learning:5
Full-time	1/2BAH National Average.
3/4 time	3/8BAH National Average.
1/2 time	1/4BAH National Average.
Training in the home, including independent instructor:
Full-time only	1/2BAH National Average.
Training in an institution not assigned a ZIP code, including foreign institutions:
Full-time	Entire BAH National Average.
3/4 time	3/4BAH National Average.
1/2 time	1/2BAH National Average.

¹ Effective August 1, 2011, the Post-9/11 subsistence allowance may be paid in lieu of subsistence allowance authorized in § 21.260(b) , and is not adjusted to include dependents.

² For measurement of rate of pursuit, see §§ 21.4270 and 21.4272 through 21.4275 . Payments for courses being taken simultaneously at more than one institution are based on the BAH of the ZIP code assigned to the parent institution.

³ For on-job training, payment of the Post-9/11 subsistence allowance may not exceed the difference between the monthly training wage, not including overtime, and the entrance journeyman wage for the veteran's objective.

⁴ The quarter-time rate may be paid only during extended evaluation.

⁵ Payment for training consisting of both distance learning and courses taken at a local institution is based on the BAH of the ZIP code assigned to the local institution.

(Authority: 38 U.S.C. 3108 , 3115(a)(1) )

(d)Subsistence allowance precluded. A veteran may not receive a subsistence allowance when VA is providing the veteran only the following services:

(1) Initial evaluation;

(2) Placement and post-placement services under 38 U.S.C. 3105(b) ; or

(3) Counseling.

(Authority: 38 U.S.C. 3108 (a)(1) and (a)(3) )

(e)Dependents. The term dependent means a spouse, child or dependent parent who meets the definition of relationship specified in § 3.50 , § 3.57 or § 3.59 of this chapter.

38 C.F.R. §21.260

49 FR 40814, Oct. 18, 1984, as amended at 51 FR 9955, Mar. 24, 1986; 52 FR 42113, Nov. 3, 1987; 54 FR 4283, Jan. 30, 1989; 56 FR 7567, Feb. 25, 1991; 60 FR 4561, Jan. 24, 1995; 65 FR 51764, Aug. 25, 2000; 65 FR 60724, Oct. 12, 2000; 76 FR 34000, June 10, 2011; 76 FR 45703, Aug. 1, 2011

Authority: 38 U.S.C. 3108(b)