In This Section |
This section contains the following topics:
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1. Processing and Maintaining Incoming REPS Applications
Introduction |
This topic contains information on processing and maintaining incoming REPS applications, including
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Change Date |
November 30, 2020
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XII.ii.3.C.1.a. Responsibility for Establishing eFolders |
The St. Louis Regional Office’s (RO’s) Restored Entitlement Program for Survivors (REPS) Unit
All VA Forms 21P-8924, Application of Surviving Spouse or Child for REPS Benefits (Restored Entitlement Program for Survivors), and related REPS material addressed to the St. Louis RO are forwarded directly to the REPS Unit.
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XII.ii.3.C.1.b. How to Process Incoming REPS Applications |
Follow the steps in the table below to process all incoming VA Forms 21P-8924.
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2. Establishing Relationship and Dependency for REPS Benefits
Introduction |
This topic contains information on establishing relationship and dependency for REPS benefits, including
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Change Date |
July 19, 2019
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XII.ii.3.C.2.a. Determining Eligibility for REPS Benefits |
For information on the eligibility requirements for REPS benefits, see M21-1, Part XII, Subpart ii, 3.A.2.c and d.
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XII.ii.3.C.2.c. Filing a Claim With SSA |
A REPS claimant is not required to file a claim with SSA and failure to do so is not a bar to further processing of the REPS claim.
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3. Requesting an MBR From SSA
Introduction |
This topic contains information on requesting an MBR from SSA, including
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Change Date |
November 30, 2020 |
4. Calculating the Monthly REPS Benefit for Claimants
Introduction |
This topic contains information on calculating the monthly REPS benefit for claimants, including
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Change Date |
July 19, 2019
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XII.ii.3.C.4.b. Computing the REPS PIA and REPS Family Maximum Separately |
Compute the REPS PIA and the REPS family maximum separately for a surviving spouse/parent claimant and for a student claimant because the
Reference: For more information on legislative increases in benefits, see 38 CFR 3.812(b).
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XII.ii.3.C.4.d. Paying the MSSR |
If the claimant is the sole survivor, pay the minimum sole survivor rate (MSSR) if it is greater than the original benefit rate and the wage earner was entitled prior to January 1, 1982.
Notes:
Reference: For more information on the MSSR, see SSA’s Programs Operations Manual System (POMS) RS 615.650.
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XII.ii.3.C.4.e. Applying Legislative Increases to Running Awards |
Any legislative increase in DIC rates will apply to REPS surviving spouse payees and any legislative increase in DEA will apply to REPS student payees.
Apply the percentage of these statutory increases in VA benefits to the REPS PIA and the REPS family maximum.
Note: The calculation described in this block will soon be performed automatically by the computer program.
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XII.ii.3.C.4.f. Deductions Affecting Payment of REPS Benefits |
REPS benefits are subject to the deductions listed below:
Reference: For more information on the limit on wages and self-employment earnings, see M21-1, Part XII, Subpart ii, 3.C.8.
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XII.ii.3.C.4.g. Offsets Affecting Payment of REPS Benefits |
The REPS gross benefit amount is subject to offset if the beneficiary is receiving
Notes:
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XII.ii.3.C.4.h. Automated Computing of the REPS PIA and REPS Family Maximum |
If SSA has not computed the REPS PIA, VA’s computer system will soon automatically determine the REPS PIA and REPS family maximum.
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5. Withholding and Paying REPS Benefits for Other Potential Claimants
Introduction |
This topic contains information on withholding and paying REPS benefits for other potential claimants, including
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Change Date |
July 19, 2019
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XII.ii.3.C.5.a. Considering the Existence of Potential Claimants |
When taking award action, consider the existence of any other potential claimant who appears to have entitlement to either REPS or SSA benefits, based on information from SSA’s MBR and VA’s Beneficiary Identification and Records Locator Subsystem. If information of record indicates there is a potential claimant, compute the award as if the potential claimant were to be awarded benefits.
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XII.ii.3.C.5.b. When to Withhold Benefits and Make Payments |
Withhold benefits in the following cases:
Make payment in these cases during the potential period of concurrent payment as if there were actually two schoolchild beneficiaries in receipt of payments.
Note: The withholding stays in effect until
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XII.ii.3.C.5.c. Time Limits Relating to REPS Benefits Eligibility |
Under 38 CFR 3.812(f) there is no time limit for filing a claim for REPS benefits.
Under 38 CFR 3.652(b) there is no time limit for furnishing certification of continued benefit eligibility for purposes of reducing or eliminating an overpayment created due to an initial failure to furnish evidence of continued eligibility.
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XII.ii.3.C.5.d. Payment of Available Difference When Withholding Has Not Been Made |
Follow the instructions in the table below if
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XII.ii.3.C.5.e. Example of Making Payment When Withholding Has Not Been Made |
Situation: Two schoolchild beneficiaries are receiving REPS, and an additional schoolchild establishes REPS entitlement retroactively. The first two schoolchildren have been receiving payment at 75 percent of the PIA, but with the additional child, the family maximum must be applied.
Actions:
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6. REPS Provisions for Effective Dates and School Provisions
Introduction |
This topic contains information on REPS provisions for effective dates and school provisions, including
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Change Date |
July 19, 2019
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XII.ii.3.C.6.a. Effective Dates for Payment of REPS Benefits |
Following receipt of a claim for REPS benefits, pay REPS benefits for all periods of eligibility beginning on or after the first day of the month in which the claimant becomes eligible.
Notes:
References: For more information on
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XII.ii.3.C.6.b. Payment of REPS Benefits for Children |
Pay REPS benefits when
Do not pay REPS benefits for
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XII.ii.3.C.6.c. When a School Approval Is Required |
A determination regarding school approval is necessary only if the
Reference: For more information on undertaking development to verify school approval, see POMS RS 00205.250.
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XII.ii.3.C.6.d. When a School Is Considered Approved |
A school is approved for the purpose of awarding REPS benefits if
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XII.ii.3.C.6.e. Establishing Full-Time Attendance |
Certification by an official of a college or university that attendance is full-time according to the institution’s standards is sufficient to establish full-time attendance.
For non-college degree programs (technical, trade, or vocational schools), the student must be attending full-time by the school’s standards.
Note: Normally, 20 clock hours of attendance per week establishes full-time attendance for non-college degree programs.
Reference: For more information on what constitutes full-time attendance, see
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7. Certification of School Attendance
Introduction |
This topic contains information on certification of school attendance, including
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Change Date |
November 30, 2020
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XII.ii.3.C.7.a. Requirement of Certification of Attendance |
Certification of attendance by a school official is required at the beginning and end of each school year.
Certifications are normally sent to the student. VA accepts as certification a VA Form 21P-8926, Certification of School Attendance – REPS, that a student submits, as long a school official has completed blocks 8 through 13C of the form.
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XII.ii.3.C.7.b. Payment During a Period of Nonattendance |
Award benefits before the beginning date of school attendance, based on the statement of the student on the application, if
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XII.ii.3.C.7.c. Controlling for Re-enrollment After a Period of Nonattendance |
To control for re-enrollment that is scheduled to begin after a period of nonattendance,
Note: During the end of the month (EOM) in October, a system-generated listing is produced and mailed to the St. Louis RO showing active REPS student beneficiaries.
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XII.ii.3.C.7.d. Certification When There Is an Active DEA Payment |
Follow the steps in the table below for handling certifications when there is an active DEA payment being made to the claimant.
Note: The RO is provided a list of active REPS student beneficiaries during the EOM in October.
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XII.ii.3.C.7.e. Certification When There Is No Active DEA Payment |
Follow the instructions in the table in M21-1, Part XII, Subpart ii, 3.C.7.d, starting with Step 3, for handling certifications when there is no active DEA payment being made to the beneficiary.
Note: If the student has not resumed attendance after a period of nonattendance (not to exceed four calendar months), discontinuation of the award is effective as of the end of the nonattendance period.
Reference: For more information on payment during a period of nonattendance, see M21-1, Part XII, Subpart ii, 3.C.7.b.
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XII.ii.3.C.7.f. Process if Certification Is Not Received |
The table below describes the process that occurs when a beneficiary fails to timely certify school attendance.
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8. Limitations on Annual Wages and Earnings for REPS Eligibility
Introduction |
This topic contains information on the limitations on annual wages and earnings for REPS eligibility, including information on
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Change Date |
July 19, 2019
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XII.ii.3.C.8.a. Setting Limits on the Annual Amount of Wages or Earnings |
REPS cases are subject to an annual wage/earnings test that sets a limit on the annual amount of wages or earnings.
The authorization activity must reduce or discontinue payments if a beneficiary reports excessive wages. Reduce the REPS benefit by one dollar for every two dollars of wages over the annual limit.
Note: The annual wage limit is amended by law each year. To view the wage limit for a given year,
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XII.ii.3.C.8.b. Determining Entitlement to REPS Benefits by Evaluating Monthly Earnings |
Determine entitlement to REPS benefits by evaluating the beneficiary’s monthly earnings as reflected on SSA’s MBR. The monthly earnings may result in a beneficiary’s REPS benefits either
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XII.ii.3.C.8.c. Determining Whether Self-Employment Is an Issue for Consideration |
Use SSA’s MBR and income information on VA Form 21P-8924 to determine whether a beneficiary’s self-employment is an issue for consideration if
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XII.ii.3.C.8.d. Determining Whether Self-Employment Services Are Substantial |
When a beneficiary devotes more than 45 hours to self-employment in a month, services are considered substantial.
When a beneficiary devotes less than 15 hours to self-employment in a month, services are not considered substantial.
Generally, if a beneficiary devotes between 15 and 45 hours to self-employment, services are considered substantial if the beneficiary is involved in
Notes:
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XII.ii.3.C.8.e. Considering a Beneficiary’s Foreign Earnings |
When a beneficiary reports foreign earnings, apply the procedure described in POMS RS 2605.
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9. Preparing REPS Awards and Denials
Introduction |
This topic contains information on preparing REPS awards and denials, including information on
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Change Date |
July 19, 2019
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XII.ii.3.C.9.a. Completing Award Action |
When completing a REPS award or denial action,
Reference: For more information about entering data into VBMS Awards (VBMS-A), see the VBMS-A User Guide.
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XII.ii.3.C.9.b. Establishing REPS Accounts Receivable |
The St. Louis RO is responsible for
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XII.ii.3.C.9.c. Notifying Claimants of Decisions |
After awarding or denying entitlement to REPS benefits, issue the claimant a decision notice that
Reference: For more information on required elements of a decision notice, see M21-1, Part VI, Subpart i, 1.B.1.b.
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XII.ii.3.C.9.d. Handling Disagreements Based on a Prior SSA Determination |
Follow the steps in the table below when a claimant submits a legacy notice of disagreement (NOD) or request for decision review under 38 CFR 3.2500, regarding denial of a REPS claim based on a prior SSA determination as to the status of the claimant as the deceased Veteran’s dependent.
Reference: For information on handling a legacy NOD regarding denial of a claim for other reasons, such as marriage or full-time wages, see M21-5, Chapter 6, Section B.
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10. Reviewing REPS Payment Data
Change Date |
July 19, 2019
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XII.ii.3.C.10.a. Reviewing REPS Payment Data |
The VBMS Awards User Guide contains instructions for reviewing REPS payment data.
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