§ 3108. — Allowances.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 38USC3108]
TITLE 38--VETERANS' BENEFITS
PART III--READJUSTMENT AND RELATED BENEFITS
CHAPTER 31--TRAINING AND REHABILITATION FOR VETERANS WITH SERVICE-
CONNECTED DISABILITIES
Sec. 3108. Allowances
(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) 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.
(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 or during
which such veteran is being provided only with counseling or with
placement or postplacement services under section 3105(b) of this title.
(b)(1) Except as otherwise provided in this section, the Secretary
shall determine the subsistence allowance to be paid to a veteran under
this chapter in accordance with the following table, which shall be the
monthly amount shown in column II, III, IV, or V (whichever is
applicable as determined by the veteran's dependency status) opposite
the appropriate type of program being pursued as specified in column I:
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Column I Column II Column Column IV Column V
-------------------------------------------------------- III --------------------------------------------
------------
Type of program No One Two More than two dependents
dependents dependent dependents
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The amount in column IV, plus
the following for each
dependent in excess of two:
Institutional training:
Full-time.............................. $366 $454 $535 $39
Three-quarter time..................... 275 341 400 30
Half-time.............................. 184 228 268 20
Farm cooperative, apprentice, or other on-
job training:
Full-time.............................. 320 387 446 29
Extended evaluation:
Full-time.............................. 366 454 535 39
Independent living training:
Full-time.............................. 366 454 535 39
Three-quarter time..................... 275 341 400 30
Half-time.............................. 184 228 268 20
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(2) With respect to the fiscal year beginning on October 1, 1994,
the Secretary shall provide a percentage increase in the monthly rates
payable under paragraph (1) of this subsection equal to the percentage
by which the Consumer Price Index (all items, United States city average
published by the Bureau of Labor Statistics) for the 12-month period
ending June 30, 1994, exceeds such Consumer Price Index for the 12-month
period ending June 30, 1993.
(3) With respect to any fiscal year beginning on or after October 1,
1995, the Secretary shall continue to pay, in lieu of the rates payable
under paragraph (1) of this subsection, the monthly rates payable under
this subsection for the previous fiscal year and shall provide, for any
such fiscal year, a percentage increase in such rates equal to the
percentage by which--
(A) the Consumer Price Index (all items, United States city
average) for the 12-month period ending on June 30 preceding the
beginning of the fiscal year for which the increase is made, exceeds
(B) such Consumer Price Index for the 12-month period preceding
the 12-month period described in subparagraph (A).
(c)(1) In any case in which the vocational rehabilitation program
for a veteran includes training on the job by an employer in any month,
such employer shall be required to submit to the Secretary a statement
in writing showing any wage, compensation, or other income paid
(directly or indirectly) by the employer to such veteran for such month.
Based upon such written statement, the Secretary is authorized to reduce
the subsistence allowance of such veteran to an amount considered
equitable and just in accordance with criteria which the Secretary shall
establish in regulations which the Secretary shall prescribe.
(2) A veteran pursuing on-job training or work experience as part of
a vocational rehabilitation program in a Federal, State, or local
government agency or federally recognized Indian tribe under the
provisions of section 3115(a)(1) of this title without pay or for
nominal pay shall be paid the appropriate subsistence allowance rate
provided in subsection (b) of this section for an institutional program.
(d)(1) The Secretary shall, in accordance with regulations which the
Secretary shall prescribe, define full-time and each part-time status
for veterans participating in rehabilitation programs under this
chapter.
(2) A veteran participating in extended evaluation on less than a
full-time basis may be paid a proportional subsistence allowance in
accordance with regulations which the Secretary shall prescribe.
(e) In any case in which a veteran is pursuing a rehabilitation
program on a residential basis in a specialized rehabilitation facility,
the Secretary may (1) pay to such facility the cost of such veteran's
room and board in lieu of payment to such veteran of the subsistence
allowance (not including any portion payable for any dependents) payable
under subsection (b) of this section, and (2) pay to such veteran that
portion of the allowance for dependents payable, as determined by such
veteran's dependency status, under subsection (b) of this section for a
full-time institutional program.
(f)(1)(A) In any case in which the Secretary determines that a
veteran is eligible for and entitled to rehabilitation under this
chapter, to the extent that such veteran has remaining eligibility for
and entitlement to educational assistance benefits under chapter 30 of
this title, such veteran may elect, as part of a vocational
rehabilitation program under this chapter, to pursue an approved program
of education and receive allowances and other forms of assistance
equivalent to those authorized for veterans enrolled under chapter 30 of
this title, if the Secretary approves the educational, professional, or
vocational objective chosen by such veteran for such program.
(B) In the event that such veteran makes such an election, the terms
and conditions applicable to the pursuit of a comparable program of
education and the payment of allowances and provision of assistance
under chapter 30 of this title for such a comparable program shall be
applied to the pursuit of the approved program of education under this
chapter.
(2) A veteran who is receiving an allowance pursuant to paragraph
(1) of this subsection may not receive any of the services or assistance
described in section 3104(a)(3), (7), and (8) of this title (other than
an allowance and other assistance under this subsection).
(g)(1) Notwithstanding any other provision of this title and subject
to the provisions of paragraph (2) of this subsection, no subsistence
allowance may be paid under this section in the case of any veteran who
is pursuing a rehabilitation program under this chapter while
incarcerated in a Federal, State, or local penal institution for
conviction of a felony.
(2) Paragraph (1) of this subsection shall not apply in the case of
any veteran who is pursuing a rehabilitation program under this chapter
while residing in a halfway house or participating in a work-release
program in connection with such veteran's conviction of a felony.
(h) Notwithstanding any other provision of this title, the amount of
subsistence allowance, or other allowance under subsection (f) of this
section, that may be paid to a veteran pursuing a rehabilitation program
for any month for which such veteran receives compensation at the rate
prescribed in section 1114(j) of this title as the result of hospital
treatment (not including post-hospital convalescence) or observation at
the expense of the Department of Veterans Affairs may not exceed, when
added to any compensation to which such veteran is entitled for such
month, an amount equal to the greater of--
(1) the sum of--
(A) the amount of monthly subsistence or other allowance
that would otherwise be paid to such veteran under this section,
and
(B) the amount of monthly compensation that would be paid to
such veteran if such veteran were not receiving compensation at
such rate as the result of such hospital treatment or
observation; or
(2) the amount of monthly compensation payable under section
1114(j) of this title.
(i) Payment of a subsistence allowance may be made in advance in
accordance with the provisions of section 3680(d) of this title.
(Added Pub. L. 96-466, title I, Sec. 101(a), Oct. 17, 1980, 94 Stat.
2178, Sec. 1508; amended Pub. L. 97-306, title II, Sec. 205(a), Oct. 14,
1982, 96 Stat. 1434; Pub. L. 98-525, title VII, Sec. 703(a), Oct. 19,
1984, 98 Stat. 2564; Pub. L. 98-543, title II, Sec. 201, Oct. 24, 1984,
98 Stat. 2740; Pub. L. 101-237, title IV, Secs. 402(a), 423(b)(1), Dec.
18, 1989, 103 Stat. 2078, 2092; Pub. L. 102-16, Sec. 3(c), Mar. 22,
1991, 105 Stat. 49; renumbered Sec. 3108 and amended Pub. L. 102-83,
Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102-568, title
IV, Sec. 405(a), (b), Oct. 29, 1992, 106 Stat. 4338, 4339; Pub. L. 103-
446, title VI, Sec. 602(b), Nov. 2, 1994, 108 Stat. 4671; Pub. L. 104-
275, title I, Sec. 101(g), Oct. 9, 1996, 110 Stat. 3325.)
Prior Provisions
Prior section 3108 was renumbered section 5308 of this title.
Provisions similar to those comprising this section were contained
in former section 1504 of this title prior to the general revision of
this chapter by Pub. L. 96-466.
Amendments
1996--Subsec. (a)(2). Pub. L. 104-275, Sec. 101(g)(1), substituted
``while satisfactorily following a program of employment services
provided under section 3104(a)(5) of this title'' for ``following the
conclusion of such pursuit''.
Subsec. (f)(1)(A). Pub. L. 104-275, Sec. 101(g)(2)(A), inserted
``eligible for and'' after ``veteran is'' and substituted ``chapter 30''
for ``chapter 30 or 34'' and ``enrolled under chapter 30'' for
``enrolled under either chapter 30 or chapter 34''.
Subsec. (f)(1)(B). Pub. L. 104-275, Sec. 101(g)(2)(B), substituted
``chapter 30'' for ``chapter 30 or 34''.
1994--Subsec. (c)(2). Pub. L. 103-446 inserted ``or federally
recognized Indian tribe'' after ``local government agency''.
1992--Subsec. (b). Pub. L. 102-568, Sec. 405(b), designated existing
provisions as par. (1) and added pars. (2) and (3).
Pub. L. 102-568, Sec. 405(a), increased the monthly rehabilitation
subsistence allowance for eligible veterans in column II from $333,
$250, $167, $291, $333, $333, $250, and $167 to $366, $275, $184, $320,
$366, $366, $275, and $184; in column III from $413, $310, $207, $352,
$413, $413, $310, and $207 to $454, $341, $228, $387, $454, $454, $341,
and $228; in column IV from $486, $364, $244, $405, $486, $486, $364,
and $244 to $535, $400, $268, $446, $535, $535, $$400, and $268; and in
column V from $35, $27, $18, $26, $35, $35, $27, and $18 to $39, $30,
$20, $29, $39, $39, $30, and $20, respectively.
1991--Pub. L. 102-83, Sec. 5(a), renumbered section 1508 of this
title as this section.
Subsec. (a)(3). Pub. L. 102-83, Sec. 5(c)(1), substituted
``3106(a)'' for ``1506(a)'' and ``3105(b)'' for ``1505(b)''.
Subsec. (c)(2). Pub. L. 102-83, Sec. 5(c)(1), substituted
``3115(a)(1)'' for ``1515(a)(1)''.
Pub. L. 102-16 inserted ``, State, or local government'' after
``Federal''.
Subsec. (f)(2). Pub. L. 102-83, Sec. 5(c)(1), substituted
``3104(a)(3)'' for ``1504(a)(3)''.
Subsec. (h). Pub. L. 102-83, Sec. 5(c)(1), substituted ``1114(j)''
for ``314(j)'' in two places.
Subsec. (i). Pub. L. 102-83, Sec. 5(c)(1), substituted ``3680(d)''
for ``1780(d)''.
1989--Subsec. (a)(1), (2). Pub. L. 101-237, Sec. 423(b)(1)(A),
substituted ``Secretary'' for ``Administrator''.
Subsec. (b). Pub. L. 101-237, Sec. 423(b)(1)(A), substituted
``Secretary'' for ``Administrator''.
Pub. L. 101-237, Sec. 402(a), increased the monthly rehabilitation
subsistence allowance for eligible veterans in column II from $310,
$233, $155, $271, $310, $310, $233, and $155 to $333, $250, $167, $291,
$333, $333, $250, and $167; in column III from $384, $288, $193, $327,
$384, $384, $288, and $193 to $413, $310, $207, $352, $413, $413, $310,
and $207; in column IV from $452, $339, $227, $377, $452, $452, $339,
and $227 to $486, $364, $244, $405, $486, $486, $364, and $244; in
column V from $33, $25, $17, $24, $33, $33, $25, and $17 to $35, $27,
$18, $26, $35, $35, $27, and $18, respectively.
Subsecs. (c)(1) to (f)(1)(A). Pub. L. 101-237, Sec. 423(b)(1)(A),
substituted ``Secretary'' for ``Administrator'' wherever appearing.
Subsec. (h). Pub. L. 101-237, Sec. 423(b)(1)(B), substituted
``Department of Veterans Affairs'' for ``Veterans' Administration''.
1984--Subsec. (b). Pub. L. 98-543 increased the monthly
rehabilitation subsistence allowance for eligible veterans in column II
from $282, $212, $141, $246, $282, $282, $212, and $141 to $310, $233,
$155, $271, $310, $310, $233, and $155; in column III from $349, $262,
$175, $297, $349, $349, $262, and $175 to $384, $288, $193, $323, $384,
$384, $288, and $193; in column IV from $411, $308, $206, $343, $411,
$411, $308, and $206 to $452, $339, $227, $377, $452, $452, $339, and
$227; in column V from $30, $23, $15, $22, $30, $30, $23, and $15 to
$33, $25, $17, $24, $33, $33, $25, and $17, respectively.
Subsec. (f)(1)(A), (B). Pub. L. 98-525 inserted references to
chapter 30 of this title.
1982--Subsec. (g)(2). Pub. L. 97-306 inserted ``not'' after
``shall'' and struck out ``if the Administrator determines that all the
veteran's living expenses are being defrayed by a Federal, State, or
local government'' at end.
Effective Date of 1992 Amendment
Section 405(c) of Pub. L. 102-568 provided that: ``The amendments
made by subsections (a) and (b) [amending this section] shall take
effect on October 1, 1993.''
Effective Date of 1989 Amendment
Section 402(b) of Pub. L. 101-237 provided that: ``The amendment
made by this section [amending this section] shall take effect on
January 1, 1990.''
Effective Date of 1984 Amendment
Section 205 of Pub. L. 98-543 provided that: ``The amendments made
by this part [part A (Secs. 201-205) of title II of Pub. L. 98-543, see
Tables for classification] shall take effect as of October 1, 1984.''
Effective Date; Veterans Pursuing Program of Vocational Rehabilitation
Under This Chapter
Section effective Oct. 1, 1980, and during period beginning on Oct.
1, 1980, and ending on Mar. 31, 1981, the provisions of this section, as
added by Pub. L. 96-466, title I, Sec. 101(a), Oct. 17, 1980, 94 Stat.
2178, shall apply to veterans pursuing a program of vocational
rehabilitation training under this chapter in the same manner as former
section 1504 of this title applied to veterans pursuing such a program
under this chapter on Sept. 30, 1980, see section 802(a)(2), (4) of Pub.
L. 96-466, set out as an Effective Date note under section 3100 of this
title.
Applicability of Subsection (g)(1) to Apportionments Made Before October
17, 1980
Section 101(c) of Pub. L. 96-466 provided that: ``The provisions of
section 1508(g)(1) [now 3108(g)(1)] of title 38, United States Code, as
added by subsection (a) shall not apply to an apportionment made under
section 3107(c) [now 5307(c)] of such title before the date of the
enactment of this Act [Oct. 17, 1980].''
Section Referred to in Other Sections
This section is referred to in sections 3104, 3106, 3112, 3680 of
this title.
