Veterans’ Dependents

The California Military and Veterans Code deals with veterans’ dependents in Article 2 of Chapter 4 of Division 4.  Section 890 defines the terms “veterans,” “dependent of a veteran,” and “induction period.”

Section 890.3 states that a claimant is not ineligible for a disabled veterans’ benefit for lack of certification of disability of the veteran with respect to whom the benefit is sought, if there is a currently pending application to the United States Department of Veterans Affairs (USDVA) for certification of disability for that veteran and the subsequently received certification qualifies the veteran for the benefit. The term “disabled veterans benefit” is defined.

Section 891 provides that a dependent of a veteran applying for aid under this article is required to be over 14 years of age or have entered the ninth grade, and be a native of or have lived in this state for five of the nine years immediately preceding the date that the application is filed. In addition, any dependent of a veteran who has attained eligibility while under 21 years of age may continue to receive the benefits of this article until the needed training is completed or until he or she attains the age of 27 years, whatever first occurs.

Section 892 provides that a dependent of a veteran who desires to continue their education may apply to the department. If the educational needs of the applicant can be satisfactorily met in educational institutions in this State or elsewhere, the department is required to assume state wardship over the education of the applicant. 

Section 893 specifies that the department, insofar as funds permit, may provide for the payment of tuition and other fees, or for the monthly payment of an allowance for books, supplies and living expenses of the student.

Section 894 states that, for students of collegiate, community college, business and trade school rank, the amount expended by the department as an allowance for living expenses cannot exceed $100 per month. 

Section 895 deals with tuition and fees. The amount expended on account of any one applicant of undergraduate, collegiate, community college, business, or trade school rank under this article cannot exceed the maximum rate authorized for the regular school year and not to exceed one-third more for students pursuing a summer session or full year course.

Section 896 requires the department to consider applications in the order in which they are received. If the funds available are insufficient to meet the obligations which would arise from the guardianship of all worthy applicants, the department must assume wardship over the applicants who are most urgently in need of further education, taking into consideration both scholastic achievement and financial need.

Section 896.1 states that no dependent of a veteran is eligible to receive the benefits of this article during the time that he is entitled to receive federal educational benefits or duplicate assistance from any other government source.

Section 896.3 provides that, upon application to the department by a dependent of a veteran, the department is required to reimburse such person for the costs of tuition and fees incurred by such person at a public or private educational institution in the amount provided.

Section 896.4 states that any person who is reimbursed by the department for tuition and fees or on whose account the department has paid tuition and fees, cannot at the same time be eligible for any other allowances provided for.

Section 898 annually appropriates $300,000 from funds under which oil royalties are or may be collected, other than those receipts received from rents, bonuses, and royalties accruing from the use of state school land, to carry out the purposes of this article. The annual amount is paid into the General Fund.

Section 899 authorizes the department to draw upon its appropriation for educational assistance to veterans.