Retroactive eligibility
1
Retroactive assistance
The Attorney General shall (unless prospective assistance has been provided) provide retroactive assistance to a person eligible under this section for each month in which the person pursued a program of education at an eligible educational institution. The Attorney General shall apply the limitations contained in this part to retroactive assistance.
Prospective assistance
The Attorney General may provide prospective assistance to a person eligible under this section on the same basis as assistance to a person otherwise eligible. In applying the limitations on assistance under this part, the Attorney General shall include assistance provided retroactively. A person eligible under this section may waive retroactive assistance and apply only for prospective assistance on the same basis as a person otherwise eligible.
Pub. L. 90–351, title I, § 1216Pub. L. 104–238, § 2(2)110 Stat. 3115 Pub. L. 105–390, § 2(5)112 Stat. 3496 Pub. L. 106–276, § 1(a)114 Stat. 812 Pub. L. 112–239, div. A, title X, § 1086(b)(1)(G)126 Stat. 1968 Pub. L. 117–61, § 5135 Stat. 1479 (, as added , , ; amended , , ; , , ; , (J), , ; , , .)
Editorial Notes
Codification
section 3796d–5 of Title 42Section was formerly classified to , The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
Amendments
Pub. L. 117–612021—Subsec. (b). substituted “shall (unless prospective assistance has been provided)” for “may”.
Pub. L. 112–239, § 1086(b)(1)(J)(i)2013—Subsec. (a). , substituted “a spouse or child” for “each dependent” in two places.
Pub. L. 112–239, § 1086(b)(1)(G)Subsec. (b). , (J)(ii), substituted “to a person” for “to dependents” and “the person” for “the dependent”.
Pub. L. 112–239, § 1086(b)(1)(G)Subsec. (c). , (J)(ii), substituted “A person” for “A dependent” and substituted “a person” for “dependents” wherever appearing.
Pub. L. 106–2762000—Subsec. (a). substituted “,” for “” and “, shall” for “, shall”.
Pub. L. 105–3901998—Subsec. (a). inserted “and each dependent of a public safety officer killed in the line of duty on or after ,” after “1992,”.
Statutory Notes and Related Subsidiaries
Effective Date of 2021 Amendment
Pub. L. 117–61Pub. L. 117–61section 10281 of this titleAmendment by effective , and applicable to any matter pending, before the Bureau or otherwise, on , or filed (consistent with pre-existing effective dates) or accruing after that date, see section 8(a) and (b)(2) of , set out in a note under .
Effective Date of 2013 Amendment
Pub. L. 112–239section 1086(d) of Pub. L. 112–239section 10251 of this titleAmendment by effective , and applicable to matters pending on , or filed or accruing after that date, with certain exceptions, see , set out as a note under .
Effective Date of 2000 Amendment
Pub. L. 106–276, § 1(b)114 Stat. 812