Education & Employment

Kentucky Tuition Waiver for a Child Disabled by the Veteran's Service

A child whose own disability is a direct result of the parent's service gets a tuition waiver with no age limit at all, and the veteran parent needs no disability rating.

Also called: KRS 164.512, spina bifida, birth defect, Agent Orange, disabled child, tuition waiver, no age limit, compensable.

For: Child, survivor.

Where it applies

Written for the jurisdictions listed here.

KRS 164.512 is the smallest of Kentucky's tuition waivers and the one with the fewest limits. The child of a veteran, regardless of age, who has acquired a disability as a direct result of the veteran's service is eligible for a waiver of tuition on admission to any state-supported university, college, or vocational training institute. Two features set it apart from every other Kentucky waiver. There is no age limit. The statute says "regardless of age" in the first line. The other waivers cut a child off at twenty-six. This one does not cut off at all. The veteran parent needs no disability rating. Nothing in the section requires the veteran to be rated at any percentage, or indeed to be disabled. The disability that matters is the child's. This is the only Kentucky education benefit where the veteran's own rating is irrelevant, and it means a family screened out of KRS 164.515 because the veteran is rated below one hundred percent may still qualify here. The test is in subsection (2): the child must have acquired a disability determined by the United States Department of Veterans Affairs as compensable. That points at the conditions VA already compensates in the children of veterans, principally spina bifida in the children of veterans exposed to herbicides, and the other covered birth defects in the children of women Vietnam veterans. If VA is paying a monthly benefit for the child's condition, the disability is compensable and the certification should follow. Subsection (4) carries the service and residency conditions. A National Guard or Reserve Component veteran, living or deceased, must have served on state active duty, active duty for training, or inactive duty training; other veterans must have served on active duty with the Armed Forces. The discharge must have been under honorable conditions. The veteran must be a Kentucky resident, or have been one if deceased. The parent-child relationship is shown by birth certificate, marriage certificate, or other documentary evidence. As with Kentucky's other waivers this covers tuition at state-supported institutions. Unlike KRS 164.507 and KRS 164.515, the section states no forty-five month cap.

Thresholds

Thresholds for Kentucky Tuition Waiver for a Child Disabled by the Veteran's Service
GateRule
The veteran needs no disability ratingNothing in KRS 164.512 requires the veteran parent to hold any rating. The qualifying disability is the child's. This is the only Kentucky education benefit where the veteran's own rating is irrelevant, so the rating filter never hides it.
The child's disability must be VA-compensable and caused by the parent's serviceKRS 164.512(1) requires a disability acquired as a direct result of the veteran's service, and subsection (2) requires that the disability be determined by the United States Department of Veterans Affairs as compensable. In practice this is the set of conditions VA already compensates in a veteran's children, principally spina bifida and the covered birth defects in the children of women Vietnam veterans.
No age limit and no stated month capThe waiver applies to the child regardless of age, and unlike KRS 164.507 and KRS 164.515 the section states no forty-five month limit.
Honorable discharge and Kentucky residency of the veteranKRS 164.512(4) requires active duty service with the Armed Forces, or state active duty, active duty for training, or inactive duty training for a National Guard or Reserve Component veteran, with a discharge under honorable conditions. The veteran must be a Kentucky resident or, if deceased, have been one.

Documents the source lists

What the official source lists for an application, and where to get each document. It is a reference read from the source, not a full list of what the office may ask for; check with the office or an accredited representative before you apply. Needed means the source asks for it; Helps means the source calls it optional or says it speeds things up.

Sources

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Disclaimer

VetTOC is not affiliated with the U.S. Department of Veterans Affairs or the Department of Defense. Information is for reference only and is not an eligibility determination. Verify with VA, the relevant state or territory, or an accredited VSO.