1. (a) Payment during leave. VA will pay an eligible veteran a subsistence allowance during any period of approved leave including a veteran:

   1. (1) Receiving medical or rehabilitation services on an outpatient basis at a VA medical center, and who provides his or her own room and board;
   2. (2) Receiving service department retirement or retained pay while not on active duty;

   3. (3) Hospitalized at a VA medical center while on approved leave. If the veteran becomes eligible for payment of disability compensation at the temporary 100 percent rate, under § 3.401(h) of this title due to hospitalization, payment will be made under provisions of § 21.266(a).

      (Authority: 38 U.S.C. 3110)

2. (b) Payment for other periods. Subsistence allowance will be paid for:

   1. (1) Weekend and legal holidays, or customary vacation periods associated with them;

   2. (2) Periods in which the school is closed temporarily under emergency conditions described in § 21.4138(f).

      (Authority: 38 U.S.C. 3680(a))

[49 FR 40814, Oct. 18, 1984, as amended at 76 FR 45705, Aug. 1, 2011]