1. (a) General. Any eligible spouse or surviving spouse shall be eligible to receive an education loan if he or she meets the criteria of this section.

   (Authority: 38 U.S.C. 3512(f), 3698)

2. (b) Eligibility criteria. To qualify for an education loan—

   1. (1) The eligible spouse's or surviving spouse's delimiting period as determined by § 21.3046 (a), (b), or (d), or § 21.3047 must have expired;

   2. (2) The eligible spouse or surviving spouse must—

      1. (i) Have financial resources that may reasonably be expected to be expended for education needs and which are insufficient to meet the actual costs of attendance;
      2. (ii) Execute a promissory note payable to the Department of Veterans Affairs, as provided by § 21.4504;
      3. (iii) Have unused entitlement provided under 38 U.S.C. 3511;
      4. (iv) During the term, quarter, or semester for which the loan is granted, be enrolled on a full-time basis in pursuit of the approved program of education in which he or she was enrolled on the date his or her eligibility expired under § 21.3046 (a), (b), or (d), or § 21.3047; and

      5. (v) Have been enrolled in a program of education on a full-time basis—

         1. (A) On the date his or her period of eligibility expired under § 21.3046 (a), (b), or (d), or § 21.3047; or

         2. (B) On the last date of the ordinary term, semester or quarter preceding the date his or her eligibility expired under § 21.3046 (a), (b), or (d), or § 21.3047, if the delimiting date fell during a school break or summer term.

            (Authority: 38 U.S.C. 3512(f), 3698)

3. (c) Limitations. The period for which a loan may be granted shall not extend beyond the earliest of the following dates:

   1. (1) Two years after the expiration of the period of eligibility as determined by § 21.3046(a), (b), or (d), or § 21.3047;
   2. (2) The date on which the eligible spouse's or surviving spouse's entitlement is exhausted; or

   3. (3) The date on which the eligible spouse or surviving spouse completes the approved program of education which he or she was pursuing on the date the delimiting period determined by § 21.3046 (a), (b), or (d), or § 21.3047 expired.

      (Authority: 38 U.S.C. 3512(f), 3698)

4. (d) Exclusions. No eligible spouse or surviving spouse shall be authorized an education loan if he or she has defaulted on a previous education loan and there is a remaining unliquidated payment due VA.

   (Authority: 38 U.S.C. 3512(f), 3698)

[61 FR 26115, May 24, 1996, as amended at 62 FR 51785, Oct. 3, 1997]