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| Home >> VA Claims Resources >> VA Claims >> VA General Counsel Precedent Opinions |
VA General Counsel Precedent Opinions |
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PREC 16-95 School Supplement for VA Work-Study Students
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PREC 16-95 School Supplement for VA Work-Study Students Citation: Vet. Aff. Op. Gen Couns. Prec. 16-95, VAOPGCPREC 16-95, 1995 QUESTION PRESENTED: May the recipient of a VA work-study allowance under 38 U.S.C. § 3485, who is assigned by VA to perform work-study services at a university, be paid by the university the difference between the amount payable by VA and the amount which the university otherwise pays to work-study students performing similar services?
HELD: 1. The statutes governing the VA work-study program do not expressly bar the student from receiving work-study payments from both VA and other sources, public or private, for performance of the same work. However, the availability of such other payments has a direct bearing on the individual’s need for the additional educational assistance afforded under the VA work-study program. The Department has determined that assistance from another source for performing the same work-study activities vitiates the student’s need for the supplemental educational assistance provided by VA’s work-study program. Accordingly, VA, in the judicious administration of limited Federal resources, has included terms in its standard student work-study agreement prohibiting receipt or acceptance of such “other source” payments. 2. Nevertheless, that contractual preclusion represents a rebuttable presumption of lack of need for the benefit. Thus, the standard work-study agreement terms restricting “other source” payments may be modified, should VA find it meritorious to do so in the individual case. This may be an option in the case cited if you conclude that receipt of the differential amount does not materially affect the individual’s need for a VA work-study allowance. |
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