Title 10Armed ForcesRelease 119-73

§16131a Accelerated payment of educational assistance

Title 10 › Subtitle Subtitle E— - Reserve Components › Part PART IV— - TRAINING FOR RESERVE COMPONENTS AND EDUCATIONAL ASSISTANCE PROGRAMS › Chapter CHAPTER 1606— - EDUCATIONAL ASSISTANCE FOR MEMBERS OF THE SELECTED RESERVE › § 16131a

Last updated Apr 6, 2026|Official source

Summary

Gives eligible people the choice to get their education benefit paid early in a lump sum. To qualify, a person must be in an approved program that lasts no more than two years and does not lead to a degree, and the program’s tuition and fees per month must be more than 200% of the regular monthly education benefit they would otherwise get. The lump sum paid is the smaller of 60% of the program’s established charges or the total benefits the person has left. “Established charges” means the tuition and fees a similar non‑benefit student would pay (counted by term or for the whole program) and does not include vehicle purchase costs. The school must tell the VA the enrollment and the established charges. The VA must pay the lump sum by the last day of the month after it gets the school’s certification. Each lump sum reduces the person’s remaining months of benefits by dividing the payment by the full‑time monthly benefit rate in effect at the start of the enrollment; if that monthly rate rises during the enrollment, the VA will prorate the charge. The VA will create rules for requests, payments, receipts, and recovering overpayments. Payments for these short non‑degree programs are capped at $4,000,000 in any fiscal year.

Full Legal Text

Title 10, §16131a

Armed Forces — Source: USLM XML via OLRC

(a)The educational assistance allowance payable under section 16131 of this title with respect to an eligible person described in subsection (b) may, upon the election of such eligible person, be paid on an accelerated basis in accordance with this section.
(b)An eligible person described in this subsection is a person entitled to educational assistance under this chapter who is—
(1)enrolled in an approved program of education not exceeding two years in duration and not leading to an associate, bachelors, masters, or other degree, subject to subsection (g); and
(2)charged tuition and fees for the program of education that, when divided by the number of months (and fractions thereof) in the enrollment period, exceeds the amount equal to 200 percent of the monthly rate of educational assistance allowance otherwise payable with respect to the person under section 16131 of this title.
(c)(1)The amount of the accelerated payment of educational assistance payable with respect to an eligible person making an election under subsection (a) for a program of education shall be the lesser of—
(A)the amount equal to 60 percent of the established charges for the program of education; or
(B)the aggregate amount of educational assistance allowance to which the person remains entitled under this chapter at the time of the payment.
(2)(A)In this subsection, except as provided in subparagraph (B), the term “established charges”, in the case of a program of education, means the actual charges (as determined pursuant to regulations prescribed by the Secretary of Veterans Affairs) for tuition and fees which similarly circumstanced individuals who are not eligible for benefits under this chapter and who are enrolled in the program of education would be required to pay. Established charges shall be determined on the following basis:
(i)In the case of an individual enrolled in a program of education offered on a term, quarter, or semester basis, the tuition and fees charged the individual for the term, quarter, or semester.
(ii)In the case of an individual enrolled in a program of education not offered on a term, quarter, or semester basis, the tuition and fees charged the individual for the entire program of education.
(B)In this subsection, the term “established charges” does not include any fees or payments attributable to the purchase of a vehicle.
(3)The educational institution providing the program of education for which an accelerated payment of educational assistance allowance is elected by an eligible person under subsection (a) shall certify to the Secretary of Veterans Affairs the amount of the established charges for the program of education.
(d)An accelerated payment of educational assistance allowance made with respect to an eligible person under this section for a program of education shall be made not later than the last day of the month immediately following the month in which the Secretary of Veterans Affairs receives a certification from the educational institution regarding—
(1)the person’s enrollment in and pursuit of the program of education; and
(2)the amount of the established charges for the program of education.
(e)(1)Except as provided in paragraph (2), for each accelerated payment of educational assistance allowance made with respect to an eligible person under this section, the person’s entitlement to educational assistance under this chapter shall be charged the number of months (and any fraction thereof) determined by dividing the amount of the accelerated payment by the full-time monthly rate of educational assistance allowance otherwise payable with respect to the person under section 16131 of this title as of the beginning date of the enrollment period for the program of education for which the accelerated payment is made.
(2)If the monthly rate of educational assistance allowance otherwise payable with respect to an eligible person under section 16131 of this title increases during the enrollment period of a program of education for which an accelerated payment of educational assistance allowance is made under this section, the charge to the person’s entitlement to educational assistance under this chapter shall be determined by prorating the entitlement chargeable, in the manner provided for under paragraph (1), for the periods covered by the initial rate and increased rate, respectively, in accordance with regulations prescribed by the Secretary of Veterans Affairs.
(f)The Secretary of Veterans Affairs shall prescribe regulations to carry out this section. The regulations shall include requirements, conditions, and methods for the request, issuance, delivery, certification of receipt and use, and recovery of overpayment of an accelerated payment of educational assistance allowance under this section. The regulations may include such elements of the regulations prescribed under section 3014A of title 38 as the Secretary of Veterans Affairs considers appropriate for purposes of this section.
(g)The aggregate amount of educational assistance payable under this section in any fiscal year for enrollments covered by subsection (b)(1) may not exceed $4,000,000.

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 110–181, div. A, title V, § 528(a)(3), Jan. 28, 2008, 122 Stat. 107, provided that: “The

Amendments

made by this subsection [enacting this section] shall take effect on October 1, 2008, and shall only apply to initial enrollments in approved programs of education after such date.”

Reference

Citations & Metadata

Citation

10 U.S.C. § 16131a

Title 10Armed Forces

Last Updated

Apr 6, 2026

Release point: 119-73