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Would My Daughter Qualify to Receive Any of My Husband’s Hazelwood Act Benefits?

Author Ron Kness is no longer in the service.

Q: My husband is a Texas resident, veteran with service time from 1984-1987. He is currently disabled due to non-military related incident. Our daughter attends a university in Texas and I am trying to determine if she would be able to utilize any education hours that may be still available to him from his military service. Thank you.

A: No I’m afraid any hours he would have had left would have already expired, but it would not have made any difference. Back in that era, he would have had the Montgomery GI Bill and that particular GI Bill did not have and dependent transfer benefits. So even if it was still good, it wouldn’t do your daughter any good. By the way, Montgomery GI Bill benefits expire 10 years for the date of discharge. So if your husband got out in 1987, his GI Bill benefits would have expired in 1997.

However, your daughter may qualify for some of your husband’s Hazelwood Act hours under the Legacy program if both are eligible for the program. To qualify, your husband would have to:
• have been a Texas resident upon entry into the military, entered into active federal duty in the State of Texas, or declared Texas as his home of
record at the time of entry into the armed forces as documented on his DD Form 214;
• have a military discharge of honorable or general, under honorable conditions;
• served at least 181 days of active duty service (excluding training);
• not be in default on an education loan made or guaranteed by the State of Texas and not in default on a federal loan.

For your daughter to qualify to use transferred hours, she has to:
• be a Texas resident and living in Texas during the time she is in school there,
• be the biological child, stepchild, adopted child, or claimed as a dependent in the current or previous tax year,
• be 25 years or younger on the first day of the semester or term for which the exemption is claimed (unless granted an extension due to a qualifying
illness or debilitating condition), and
• make satisfactory academic progress in a degree, certificate, or continuing education program as determined by the institution.

If both meet the eligibility requirements, he has up to 150 semester hours he could transfer to her. Here is how to do it.

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