Code of Alabama - Title 31: Military Affairs and Civil Defense - Section 31-6-9 - Benefits for wives, widows, and dependents in addition to other benefits; interruption of benefits

Section 31-6-9 - Benefits for wives, widows, and dependents in addition to other benefits; interruption of benefits.

(a) For those dependents who first file for benefits under this chapter prior to July 31, 2017, the benefits provided under this chapter shall be in addition to any other state or federal benefits to which that dependent may be entitled.

(b) For dependents who first file for benefits under this chapter on or after July 31, 2017:

(1) To the extent permitted by law, prior to applying any benefits provided for under this chapter, institutional certifying officials and financial aid officials shall first apply other federal, state, institutional, and third party scholarships and grants awarded to the dependent for that academic period for payment of required educational expenses during an academic period.

(2) A completed Free Application for Federal Student Aid (FAFSA), or the equivalent, must be submitted to the United States Department of Education for each year in which the dependent receives benefits under this chapter. The dependent shall have applied for all federal student financial aid grants, including but not limited to Pell Grants, Supplemental Education Opportunity Grants, and Education and Training Vouchers, identified as being available for the student's application by Federal Student Aid, an office of the United States Department of Education, or its successor agency.

(3) All students receiving educational benefits under this chapter and the educational institutions they attend must comply with the standards of Satisfactory Academic Progress (SAP) as required for Title IV benefits under the Higher Education Act and as defined by that education institution. Those students who would no longer be eligible to receive Title IV benefits due to a failure to meet SAP standards shall no longer be eligible to receive benefits under this chapter. Education institutions shall notify the Alabama Department of Veterans Affairs of any student who currently holds a certificate of eligibility for benefits under this chapter who is no longer eligible to receive benefits due to a failure to meet SAP standards and the effective date of that change in eligibility.

(4) The dependent shall ensure that all schools they attend under this program are authorized to release such personally identifiable information to the Alabama Department of Veterans Affairs as is required for the determination of that dependent’s continued eligibility and as required for the completion of all reports required by law.

(c) Any dependent who receives benefits under this chapter, and whose benefit period is interrupted due to accident, injury, or illness, shall have the benefit time period which is lost due to such accident, illness, or injury restored to him or her.

(d) Notwithstanding any other provision of this chapter to the contrary, dependents of any veteran whose disability rating, if any, prior to May 23, 2017, was less than 20 percent but who had a claim for compensation pending prior to that date which resulted in a final award by the United States Department of Veterans Affairs of at least 20 percent shall be eligible for education benefits as the chapter read prior to May 23, 2017, if the dependent files an application for benefits under this chapter within six months of that final adjudication and provides proof satisfactory to the Alabama Department of Veterans Affairs that they qualify under this exception and currently meet the eligibility requirements as the chapter read prior to May 23, 2017.

(Acts 1951, No. 47, p. 259, §12; Acts 1957, No. 617, p. 883, §7; Acts 1966, Ex. Sess., No. 206, p. 250, §6; Acts 1969, No. 418, p. 816, §5; Acts 1971, 3rd Ex. Sess., No. 195, p. 4455, §3; Acts 1981, No. 81-823, p. 1465, §1; Act 2017-349, §1.)

Last modified: May 3, 2021