[Code of Federal Regulations]
[Title 28, Volume 1]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 28CFR32.36]

[Page 510-511]
 
                    TITLE 28--JUDICIAL ADMINISTRATION
 
                    CHAPTER I--DEPARTMENT OF JUSTICE
 
PART 32_PUBLIC SAFETY OFFICERS' DEATH, DISABILITY, AND EDUCATIONAL ASSISTANCE 
 
             Subpart D_Educational Assistance Benefit Claims
 
Sec. 32.36  Payment and repayment.

    (a) The computation described in the Act, at 42 U.S.C. 3796d-
1(a)(2), shall be based on a certification from the eligible educational 
institution as to the claimant's full-, three-quarter-, half-, or less-
than-half-time student status, according to such institution's own 
academic standards and practices.
    (b) No payment shall be made with respect to any grading period that 
ended before the injury date.
    (c) With respect to any financial claim, no amount shall be payable 
that exceeds the amount of the eligible educational expenses that form 
the basis of the claim.
    (d) In the event that appropriations for a fiscal year are 
insufficient for full payment of all approved or anticipated financial 
claims, the following payments shall be made--
    (1) The amounts payable on approved prospective financial claims 
from claimants in financial need, to the extent of such need (if 
sufficient funds be available therefor), in the order the claims are 
approved;
    (2) All other amounts payable on approved prospective financial 
claims (in the order the claims are approved), if sufficient funds be 
available therefor--
    (i) After payment of all amounts payable pursuant to paragraph 
(d)(1) of this section; and
    (ii) After making allowance for anticipated amounts payable in the 
fiscal year pursuant to paragraph (d)(1) of this section; and
    (3) The amounts payable on approved retroactive financial claims (in 
the order the claims are approved), if sufficient funds be available 
therefor--
    (i) After payment of all amounts payable pursuant to paragraphs 
(d)(1) and (2) of this section; and
    (ii) After making allowance for anticipated amounts payable in the 
fiscal year, pursuant to paragraphs (d)(1) and (2) of this section.
    (e) In the event that, at the conclusion of a fiscal year, any 
amounts remain payable on an approved financial claim, such amounts 
shall remain payable thereafter until paid (when appropriations be 
sufficient therefor).
    (f) In the event that any amounts remain payable on an approved 
prospective financial claim after the end of the grading period that 
forms its basis, such claim shall be deemed an approved retroactive 
financial claim for purposes of paragraph (d) of this section.
    (g) No payment shall be made to (or on behalf of) any individual, on 
the basis of being a particular living public safety officer's spouse, 
unless the individual is the officer's spouse on the date of payment.
    (h) Unless, for good cause shown, the Director grants a full or 
partial waiver, a payee shall repay the amount paid to

[[Page 511]]

him (or on his behalf) pursuant to a prospective financial claim if, 
during the grading period that forms its basis--
    (1) He fails to maintain satisfactory progress under 20 U.S.C. 
1091(c) (higher education assistance);
    (2) He fails to maintain the enrollment status described in his 
claim; or
    (3) By his acts or omissions, he is or becomes ineligible for 
financial assistance.