Pub. L. 90-351, tit. I, pt. L, subpt. 2, sec. 1212 (as amended)
BASIC ELIGIBILITY.
SEC. 1212. [34 U.S.C. 10302] BASIC ELIGIBILITY.
(a) Benefits.—(1) The Attorney General shall provide financial assistance to a person who attends a program of education and is—
(A) the child of any eligible public safety officer under subpart 1; or
(B) the spouse of an officer described in subparagraph (A) at the time of the officer's death or on the date of a totally and permanently disabling injury.
(2) Except as provided in paragraph (3), financial assistance under this subpart shall consist of direct payments to an eligible person and shall be computed on the basis set forth in section 3532 of title 38, United States Code.
(3) The financial assistance referred to in paragraph (2) shall be reduced by the amount, if any, determined under section 1214(b).
(b) Duration of Benefits.—No person shall receive assistance under this subpart for a period in excess of forty-five months of full-time education or training or a proportional period of time for a part-time program.
(c) Age Limitation for Children.—
(1) In general.—Subject to paragraph (2), no child
shall be eligible for assistance under this subpart after the child's 27th birthday absent a finding by the Attorney General of extraordinary circumstances precluding the child from pursuing a program of education.
(2) Delayed approvals.—
(A) Educational assistance application.—If a claim for assistance under this subpart is approved more than 1 year after the date on which
the application for such assistance is filed with the Attorney General,
the age
limitation under this subsection shall be extended by the length of the
period—
(i) beginning on the day after the date that is 1 year after the date on which the application is
filed; and
(ii) ending on the date on which the application is approved.
(B) Claim for benefits for death or permanent and total disability.—In addition to an extension under subparagraph (A), if any, for an application for assistance under
this subpart that relates to a claim for benefits under subpart 1 that was
approved more than 1 year after the date on which the claim was filed with
the Attorney General, the age
limitation under this subsection shall be extended by the length of the
period—
(i) beginning on the day after the date that is 1 year after the date on which the claim for benefits
is submitted; and
(ii) ending on the date on which the claim for benefits is approved.
- Cross-references to the US Code
- 34 U.S.C. 10302