38 U.S.C. § 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)

(A)

section 3104(a)(5) of this title 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 .

(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)

section 3106(a) of this title section 3105(b) of this title 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 or during which such veteran is being provided only with counseling or with placement or postplacement services under .

(b)

(1)

Column I	Column II	Column III	Column IV	Column V
Type of program	No dependents	One dependent	Two dependents	More than two dependents
				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

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:

(2)

October 1, 1994June 30, 1994June 30, 1993 With respect to the fiscal year beginning on , 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 , exceeds such Consumer Price Index for the 12-month period ending .

(3)

October 1, 1995 With respect to any fiscal year beginning on or after , 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).

(4)

section 403 of title 37 A veteran entitled to a subsistence allowance under this chapter and educational assistance under chapter 33 of this title may elect to receive payment from the Secretary in lieu of an amount otherwise determined by the Secretary under this subsection in an amount equal to the applicable monthly amount of basic allowance for housing payable under for a member 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 providing the rehabilitation program concerned.

(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)

section 3115(a)(1) of this title 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 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, local, or other penal institution or correctional facility 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)

section 1114(j) of this title 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 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)

section 1114(j) of this title the amount of monthly compensation payable under .

(i)

section 3680(d) of this title Payment of a subsistence allowance may be made in advance in accordance with the provisions of .

Pub. L. 96–466, title I, § 101(a)Oct. 17, 198094 Stat. 2178 Pub. L. 97–306, title II, § 205(a)Oct. 14, 198296 Stat. 1434 Pub. L. 98–525, title VII, § 703(a)Oct. 19, 198498 Stat. 2564 Pub. L. 98–543, title II, § 201Oct. 24, 198498 Stat. 2740 Pub. L. 101–237, title IVDec. 18, 1989103 Stat. 2078 Pub. L. 102–16, § 3(c)Mar. 22, 1991105 Stat. 49 Pub. L. 102–83, § 5(a)Aug. 6, 1991105 Stat. 406 Pub. L. 102–568, title IV, § 405(a)Oct. 29, 1992106 Stat. 4338 Pub. L. 103–446, title VI, § 602(b)Nov. 2, 1994108 Stat. 4671 Pub. L. 104–275, title I, § 101(g)Oct. 9, 1996110 Stat. 3325 Pub. L. 109–461, title X, § 1002(b)Dec. 22, 2006120 Stat. 3465 Pub. L. 111–377, title II, § 205(a)Jan. 4, 2011124 Stat. 4126 Pub. L. 112–154, title VII, § 701(b)Aug. 6, 2012126 Stat. 1203 Pub. L. 114–58, title VI, § 601(15)Sept. 30, 2015129 Stat. 539(Added , , , § 1508; amended , , ; , , ; , , ; , §§ 402(a), 423(b)(1), , , 2092; , , ; renumbered § 3108 and amended , (c)(1), , ; , (b), , , 4339; , , ; , , ; , , ; , , ; , , ; , , .)

Editorial Notes

Prior Provisions

section 5308 of this titlePrior section 3108 was renumbered .

section 1504 of this title Pub. L. 96–466Provisions similar to those comprising this section were contained in former prior to the general revision of this chapter by .

Amendments

Pub. L. 114–582015—Subsec. (b)(4). inserted “the” before “rehabilitation program concerned”.

Pub. L. 112–1542012—Subsec. (a)(2). designated existing provisions as subpar. (A) and added subpar. (B).

Pub. L. 111–3772011—Subsec. (b)(4). added par. (4).

Pub. L. 109–4612006—Subsec. (g)(1). substituted “local, or other penal institution or correctional facility” for “or local penal institution”.

Pub. L. 104–275, § 101(g)(1)section 3104(a)(5) of this title1996—Subsec. (a)(2). , substituted “while satisfactorily following a program of employment services provided under ” for “following the conclusion of such pursuit”.

Pub. L. 104–275, § 101(g)(2)(A)Subsec. (f)(1)(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”.

Pub. L. 104–275, § 101(g)(2)(B)Subsec. (f)(1)(B). , substituted “chapter 30” for “chapter 30 or 34”.

Pub. L. 103–4461994—Subsec. (c)(2). inserted “or federally recognized Indian tribe” after “local government agency”.

Pub. L. 102–568, § 405(b)1992—Subsec. (b). , designated existing provisions as par. (1) and added pars. (2) and (3).

Pub. L. 102–568, § 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.

Pub. L. 102–83, § 5(a)section 1508 of this title1991—, renumbered as this section.

Pub. L. 102–83, § 5(c)(1)Subsec. (a)(3). , substituted “3106(a)” for “1506(a)” and “3105(b)” for “1505(b)”.

Pub. L. 102–83, § 5(c)(1)Subsec. (c)(2). , substituted “3115(a)(1)” for “1515(a)(1)”.

Pub. L. 102–16 inserted “, State, or local government” after “Federal”.

Pub. L. 102–83, § 5(c)(1)Subsec. (f)(2). , substituted “3104(a)(3)” for “1504(a)(3)”.

Pub. L. 102–83, § 5(c)(1)Subsec. (h). , substituted “1114(j)” for “314(j)” in two places.

Pub. L. 102–83, § 5(c)(1)Subsec. (i). , substituted “3680(d)” for “1780(d)”.

Pub. L. 101–237, § 423(b)(1)(A)1989—Subsec. (a)(1), (2). , substituted “Secretary” for “Administrator”.

Pub. L. 101–237, § 423(b)(1)(A)Subsec. (b). , substituted “Secretary” for “Administrator”.

Pub. L. 101–237, § 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.

Pub. L. 101–237, § 423(b)(1)(A)Subsecs. (c)(1) to (f)(1)(A). , substituted “Secretary” for “Administrator” wherever appearing.

Pub. L. 101–237, § 423(b)(1)(B)Subsec. (h). , substituted “Department of Veterans Affairs” for “Veterans’ Administration”.

Pub. L. 98–5431984—Subsec. (b). 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.

Pub. L. 98–525Subsec. (f)(1)(A), (B). inserted references to chapter 30 of this title.

Pub. L. 97–3061982—Subsec. (g)(2). 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.

Statutory Notes and Related Subsidiaries

Effective Date of 2012 Amendment

Pub. L. 112–154Aug. 6, 2012section 701(g) of Pub. L. 112–154 section 2109 of this titleAmendment by effective on the date that is one year after , see , set out as an Effective Date note under .

Effective Date of 2011 Amendment

Pub. L. 111–377, title II, § 205(b)Jan. 4, 2011124 Stat. 4126

August 1, 2011“The amendment made by this section [amending this section] shall take effect on .”

, , , provided that:

Effective Date of 1992 Amendment

Pub. L. 102–568, title IV, § 405(c)Oct. 29, 1992106 Stat. 4339

October 1, 1993“The amendments made by subsections (a) and (b) [amending this section] shall take effect on .”

, , , provided that:

Effective Date of 1989 Amendment

Pub. L. 101–237, title IV, § 402(b)Dec. 18, 1989103 Stat. 2078

January 1, 1990“The amendment made by this section [amending this section] shall take effect on .”

, , , provided that:

Effective Date of 1984 Amendment

Pub. L. 98–543, title II, § 205Oct. 24, 198498 Stat. 2743

Pub. L. 98–543October 1, 1984“The amendments made by this part [part A (§§ 201–205) of title II of , see Tables for classification] shall take effect as of .”

, , , provided that:

Effective Date; Veterans Pursuing Program of Vocational Rehabilitation Under This Chapter

Oct. 1, 1980Oct. 1, 1980Mar. 31, 1981Pub. L. 96–466, title I, § 101(a)Oct. 17, 198094 Stat. 2178 section 1504 of this titleSept. 30, 1980Pub. L. 96–466 section 3100 of this titleSection effective , and during period beginning on , and ending on , the provisions of this section, as added by , , , shall apply to veterans pursuing a program of vocational rehabilitation training under this chapter in the same manner as former applied to veterans pursuing such a program under this chapter on , see section 802(a)(2), (4) of , set out as an Effective Date note under .

Extension of Payment of Vocational Rehabilitation Subsistence Allowances

Pub. L. 116–140, § 8Apr. 28, 2020134 Stat. 634 Pub. L. 117–333, § 4(b)Jan. 5, 2023136 Stat. 6128, , , which temporarily allowed for additional subsistence allowances for certain veterans, was repealed by , , .

October 17, 1980Applicability of Subsection (g)(1) to Apportionments Made Before

Pub. L. 96–466, title I, § 101(c)Oct. 17, 198094 Stat. 2186

Oct. 17, 1980“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 [].”

, , , provided that: