Section 21.7144 - Overpayments(a)Prevention of overpayments. In administering benefits payable under 38 U.S.C. chapter 30, VA will apply the provisions of § 21.4008 . See § 21.7133 . (Authority: 38 U.S.C. 3034 , 3690(b) )
(b)Liability for overpayments.(1) The amount of the overpayment of educational assistance paid to a veteran or servicemember constitutes a liability of that veteran or servicemember.(2) The amount of the overpayment of educational assistance paid to a veteran or servicemember constitutes a liability of the educational institution if VA determines that the overpayment was made as the result of willful or negligent: (i) False certification by the educational institution; or(ii) Endorsement of a veteran's or servicemember's false certification of his or her actual attendance. (Authority: 38 U.S.C. 3034 , 3685 )
(c)Recovery of overpayments. In determining whether an overpayment should be recovered from an educational institution, VA will apply the provisions of § 21.4009 (except paragraph (a)(1)) to overpayments of educational assistance under 38 U.S.C. chapter 30.(Authority: 38 U.S.C. 3034 , 3685 )
62 FR 55761, Oct. 28, 1997. Redesignated at 68 FR 35180 , June 12, 2003. Entitlement charges. See § 21.7076(c) .