12 2 STA T . 1 08PUBLIC LA W 110 – 181 —J A N .28 , 2008 resp e ct t oan e lig i b le m ember ma k ing an election u n d er subsection ( a )f or a program of education s h all be the lesser of —‘ ‘( A ) the amount e q ual to 60 percent of the established charges for the program of education
or ‘‘( B ) the aggregate amount of educational assistance allo w- ance to which the member remains entitled under this chapter at the time of the pa y ment . ‘‘( 2 )(A) I n this subsection , e x cept as pro v ided 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 S ecretary of V eterans 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. E stablished 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 pro- gram 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 ) T he educational institution providing the program of edu- cation for which an accelerated payment of educational assistance allowance is elected by an eligible member under subsection (a) shall certify to the Secretary of Veterans Affairs the amount of the established charges for the program of education. ‘‘(d) T IMEOFPAY ME NT .—An accelerated payment of educational assistance allowance made with respect to an eligible member 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 member’s enrollment in and pursuit of the program of education; and ‘‘(2) the amount of the established charges for the program of education. ‘‘(e) CH A RG E AGAIN S T ENTIT L EMENT.—(1) Except as provided in paragraph (2), for each accelerated payment of educational assist- ance allowance made with respect to an eligible member under this section, the member’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 member under section 16162 of this title as of the beginning date of the enrollment period for the program of education for which the accel- erated payment is made. ‘‘(2) If the monthly rate of educational assistance allowance otherwise payable with respect to an eligible member under section 16162 of this title increases during the enrollment period of a program of education for which an accelerated payment of edu- cational assistance allowance is made under this section, the charge
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