Understanding Dependant Education Assistance (DEA) Eligibility Requirements

The Survivors' and Dependents' Educational Assistance (DEA) program, also known as Chapter 35, offers educational and training opportunities to eligible dependents of veterans who are deceased, missing, or permanently and totally disabled due to a service-connected disability. This article delves into the eligibility requirements for this program, outlining who qualifies and the specific conditions that apply.

Core Eligibility for DEA Benefits

The DEA program extends benefits to both children and spouses of eligible veterans. However, the specific eligibility criteria differ for each group.

Eligibility for Children

A child may be eligible for DEA benefits under the following conditions:

The child can be married or unmarried.
If the child joins the military, they cannot use the benefit while on active duty.

Age and Time Limits:

Generally, children have up to 8 years to use their benefits before turning 26 years old if they became eligible for DEA before August 1, 2023, turned 18 before August 1, 2023, and completed high school before August 1, 2023.
There's no time limit if the child became eligible for DEA benefits on or after August 1, 2023, turned 18 years old on or after August 1, 2023, or completed high school or received their GED on or after August 1, 2023.
In some cases, the 8-year time limit may be extended beyond age 26, such as if the child became eligible for DEA or their parent died when they were between 18 and 26 years old, or if they joined the military.

Eligibility for Spouses

A spouse may be eligible for DEA benefits if they are the spouse of a veteran who is:

Permanently and totally disabled due to a service-connected disability
Missing in action (MIA)
Killed in action (KIA)
One who became totally disabled for purposes of employability as a result of a service-related injury or illness.

Conditions Affecting Eligibility:

A spouse can receive both DEA benefits and VA Dependency and Indemnity Compensation (DIC) payments.
Divorce terminates eligibility for DEA benefits.
If the spouse joins the military, they cannot use the benefit while on active duty. Furthermore, using the benefit after leaving the service requires an other-than-dishonorable discharge.
Remarriage before age 57 terminates DEA eligibility based on the previous marriage to the veteran.

Overlap with Fry Scholarship

The Fry Scholarship is another educational benefit for dependents of certain deceased veterans. The interplay between DEA and the Fry Scholarship is crucial to understand.

If a child's parent died in the line of duty before August 1, 2011, the child may qualify for both DEA and the Fry Scholarship but can only use one at a time. Combined benefits are capped at 81 months of full-time training.
If a child's parent died in the line of duty on or after August 1, 2011, the child may use both DEA and the Fry Scholarship only if they qualify for DEA under a different event. Again, only one program can be used at a time.

Permitted Uses of DEA Benefits

DEA benefits can be applied to a wide array of educational pursuits, including:

Degree and certificate programs
Apprenticeships
On-the-job training (OJT)
Correspondence courses (for spouses)
Special Restorative Training or Specialized Vocational Training (for those with physical or mental disabilities)

Duration and Payment of Benefits

The program offers up to 45 months of education benefits if the beneficiary began using the program before August 1, 2018.
If the program began on or after August 1, 2018, the beneficiary has 36 months to use the benefits.
The amount paid by the VA depends on the type of training program and training time (full-time, half-time, etc.).
Benefits are paid monthly and in arrears.
For correspondence courses, the VA pays 55% of the established charge for the number of lessons completed by the eligible spouse or surviving spouse and serviced by the school.

DEA Benefits for 18-Year-Olds in High School

There is a provision that allows dependent children who turn 18 during their senior year of high school to receive DEA benefits while still in high school.

Eligible children receive approximately \$1,400.00 per month from their 18th birthday until they graduate from high school.
The Georgia State Approving Agency (SAA) must approve the High School as a school eligible to certify students to the Department of Veterans Affairs (VA) for payment.
The first 5 months after the child turns 18 are "free" and do not count against DEA benefit limits. After these 5 months, any DEA benefits taken during the dependent's senior year reduce their 36 total months of DEA benefits for college, OJT, and/or Apprenticeship on a month by month basis.
Congress is sunsetting this particular part of the DEA benefit effective August 1, 2026.

Impact on Veteran's Disability Payments

Veterans receive a certain amount of their disability payments based on the number of dependents they claim.
Children are generally no longer eligible to be on the award once they turn 18.
In most circumstances, the VA allows children to remain on the award until they graduate high school.

How to Apply

Apply and be accepted to a Texas public college or university of his/her choice. Go to www.applytexas.org to apply or use your institution’s application for admission.
Tell the certifying official at the school or training program that you applied for VA education benefits.
Provide proof (DD214) from the Department of Defense regarding military service and the nature of discharge.
Provide proof of eligibility or ineligibility for GI Bill® benefits by requesting a certificate of eligibility for federal education benefits from VA.gov (if veteran has active duty service after 9/11/2001).
Fill out the Hazlewood Exemption application form.
Turn in the Hazlewood Exemption application form, a copy of your letter of eligibility / ineligibility, and a copy of your DD214 to the financial aid office of the institution you will be attending.

Hazlewood Act and DEA Benefits

The Hazlewood Act is a State of Texas benefit that provides qualified Veterans, spouses, and dependent children with an education benefit of up to 150 hours of tuition exemption, including most fee charges, at public institutions of higher education in Texas.

Hazlewood Act: Child (Legacy Act) Eligibility

A Child (Legacy Act) must:

Be classified by the institution as a Texas resident;
Be the biological child, stepchild, adopted child, or claimed as a dependent in the current or previous tax year;
Be 25 years old or younger on the first day of the semester or term for which the exemption is claimed (unless granted an extension due to a qualifying illness or debilitating condition); and
Have no federal Veteran’s education benefits, or have no federal Veterans education benefits dedicated to the payment of tuition and fees only (such as Chapter 33) for term or semester enrolled that do not exceed the value of Hazlewood benefits;
Not be in default on a student loan made or guaranteed by the State of Texas;
Enroll in classes for which the college receives tax support (i.e., a course that does not depend solely on student tuition and fees to cover its cost), unless the college’s governing board has ruled to let Veterans receive the benefit while taking non-funded courses; and
Meet the GPA requirement of the institution’s satisfactory academic progress policy in a degree or certificate program as determined by the institution’s financial aid policy and, as an undergraduate student, not be considered to have attempted an excessive amount of credit hours.

Legacy recipients will receive an exemption for the number of degree certified hours reported by the institution for that term or semester. Maximum degree certified hours awarded to the Legacy recipient will be dependent upon the degree or certificate program in which the student is enrolled for that term or semester and shall be consistent with the program length as defined within the school catalog as approved by the regional accreditation commission.

Read also: Understanding DEA Benefits

If a child to whom hours have been delegated fails to use all of the assigned hours, a Veteran may re-assign the unused hours that are available to another child.

Hazlewood Act: Spouse / Dependent Eligibility

A Spouse / Dependent must:

Be the spouse/dependent of an eligible veteran who is determined by the VA to be 100%, total and permanent, service-connected veteran or one who became totally disabled for purposes of employability as a result of a service-related injury or illness. Armed Forces or the Texas National Guard who died as a result of service-related injuries or; became totally and permanently disabled or meets the eligibility requirements for individual unemployability according to the disability ratings of the Department of Veterans Affairs (VA) as a result of a service-related injury, or Missing in action (MIA), or Killed in action (KIA).
Have no federal Veterans education benefits, or have no federal Veterans education benefits dedicated to the payment of tuition and fees only (such as Chapter 33) for term or semester enrolled that do not exceed the value of Hazlewood benefits;
Be classified by the institution as a Texas resident;
Not be in default on a student loan made or guaranteed by the State of Texas;
Enroll in classes for which the college receives tax support (i.e., a course that does not depend solely on student tuition and fees to cover its cost), unless the college’s governing board has ruled to let Veterans receive the benefit while taking non-funded courses; and
Meet the GPA requirement of the institution’s satisfactory academic progress policy in a degree or certificate program as determined by the institution’s financial aid policy and, as an undergraduate student, not be considered to have attempted an excessive amount of credit hours.

Additional Considerations

If you join the military, you cannot use this benefit while on active duty. And if you want to use this benefit after you leave the service, you cannot have a dishonorable discharge.
Apprenticeships or on-the-job training (OJT) programs are viable options under DEA.
Those with physical or mental disabilities may be eligible for Special Restorative Training or Specialized Vocational Training.

Important Points to Remember

If you are eligible for both Fry Scholarship and DEA, you will be required to make an irrevocable election between the two programs when you apply.
A Child whose parent died before August 1, 2011, may be eligible for both benefits but they may only use one program at a time and combined benefits are capped at a total of 81 months of full-time training.
Your benefits start at age 18.

Resources for Institutions of Higher Education (IHE) Regarding Hazlewood Act

The Hazlewood Act is available only for use at a Texas public college or university. To access listings of Texas public colleges and universities, go to the Texas Institutions of Higher Education page and select any of the schools listed under the Texas Public Institutions. The schools listed under Independent (Private) Institutions do NOT qualify for this exemption.

Hazlewood Act Benefit Student Usage Reports and DD-214 Reporting Reminders:

Submission Dates
- Fall Semester - January 31st
- Spring Semester - June 30th
- Summer Semesters - September 30th

Background of the DD214 Report portion of Hazlewood Act reporting: Beginning October 2018, public institutions of higher education were notified of the requirement to submit additional demographic data as it relates to the veteran’s DD214 and the use of the Hazlewood Act by Texas veterans and their families. This additional information may be provided through a standalone DD214 Report submission, or integrated via the .csv file report which combines both the DD214 Report and the Student Usage Report into a single completed file.

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