78 STAT. ]
PUBLIC LAW 88-361-JULY 7, 1964
297
Public Law 88-361 AN ACT To amend chapter 35 of title 38, United States Code, to provide educational assistance to the children of veterans who are permanently and totally disabled from an injury or disease arising out of active military, naval, or air service during a period of war or the induction period.
July 7. 1964 [H. R. 221]—
Be it enacted by the Senate and House of Representatives of the Veterans' chilUnited States of America in Congress assembled, That (a) section dren. ^_ 1701(a)(1) of title 88, United States Code, is amended by inserting "Educational as the following new sentence after the first sentence thereof: "Such ^^^'^g^^^' term also includes the child of a person who has a total disability permanent in nature resulting from a service-connected disability arising out of service as described in the first sentence hereof, or who died while a disability so evaluated was in existence." (b) Section 1701(a) of title 38, United States Code, is amended by adding at the end thereof the following: "(10) The term 'total disability permanent in nature' means any disability rated total for the purposes of disability compensation which is based upon an impairment reasonably certain to continue throughout the life of the disabled person." (c) Section 1701(d) of title 38, United States Code, is amended by striking out the word "death" both places it appears and inserting in lieu thereof "disability or death". SEC. 2. Section 1711 of title 38, United States Code, is amended by adding a new subsection (d) as follows: " (d) If any child pursuing a program of education, or of spe-Jt"^^ °^ ^^'^'* cialized restorative training, under this chapter ceases to be an 'eligible person' because the parent from whom eligibility is derived is found to no longer have a 'total disability permanent in nature', as defined in section 1701(a) (10) of this title, then such child (if he has sufficient remaining entitlement) may, nevertheless, be afforded educational assistance under this chapter until the end of a quarter or semester for which enrolled if the educational institution in which he is enrolled is operated on a quarter or semester system, or if the educational institution is not so operated until the end of the course, or until nine weeks have expired, whichever first occurs." SEC. 3. (a) Section 1712(a)(3) of title 38, United States Code, is '^ ^tat. 926. amended to read as follows: "(3) if the Administrator first finds that the parent from ^^^^^^^^^^J^"^-jg whom eligibility is derived has a service-connected total dis- to 23. ability permanent in nature, or if the death of the parent from whom eligibility is derived occurs, after the eligible person's eighteenth birthday but before his twenty-third birthday, then (unless paragraph (4) applies) such period shall end five years after, whichever date first occurs (A) the date on which the Administrator first finds that the parent from whom eligibility is derived has a service-connected total disability permanent in nature, or (B) the date of death of the parent from whom eligibility is derived;", (b) Section 1712 of title 38, United States Code, is amended by adding at the end thereof a new subsection as follows: " (d) Notwithstanding the provisions of subsection (a) of this yond^igl^n^itir section, an eligible person may be afforded educational assistance tion. beyond the age limitation applicable to him under such subsection by a period of time equivalent to any period of time which elapses between the eighteenth birthday of such eligible person or the date on which an application for benents of this chapter is filed on behalf of such eligible person, whichever is later, and the date of final approval
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