Section 31-6-11
Proof to be submitted by applicants for benefits.
THIS SECTION WAS AMENDED BY ACT 2022-91 IN THE 2022 REGULAR SESSION, EFFECTIVE JUNE 1, 2022. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
(a) Before the application of a spouse, widow, or child of a disabled veteran or a deceased veteran or serviceman for educational benefits under this chapter is approved, proof, satisfactory to the State Department of Veterans’ Affairs, must be submitted of all of the following:
(1) Establishing the identification of the spouse, widow, or child as the spouse, widow, or child of the veteran or serviceman.
(2) Of the veteran or serviceman having been a permanent resident of the State of Alabama for at least one year immediately prior to his or her entrance into service, or if the applicant is the spouse, widow, or child of a totally and permanently disabled veteran, then proof either of the veteran’s having been a permanent resident of the State of Alabama for at least one year prior to his or her entrance into service or proof that the veteran has been a bona fide resident of this state for at least five years immediately prior to the filing of the application for benefits under this chapter or immediately prior to his or her death if the veteran is deceased.
(3) Of the veteran or serviceman having been a permanent resident of the State of Alabama for at least two years immediately prior to the filing of the application for benefits under this chapter or has filed an Alabama income tax return as a resident individual for the previous 10 years or is a current resident and was discharged from active duty within the prior 12 months. If the veteran or serviceman is deceased, his or her dependent may still qualify if the veteran or serviceman met this residency requirement at the time of his or her death. Alabama income tax return information, including, but not limited to, the type of return filed, necessary to show the residency requirements under this chapter have been met is hereby exempted from the confidentiality provisions of Section 40-2A-10, and shall be provided by the Department of Revenue to the State Department of Veterans’ Affairs upon request. Such requests and the significance of the information provided shall be requested by the State Department of Veterans’ Affairs as necessary when other residency information is not available, and the department shall adopt rules and procedures to effect the provisions of this section as needed.
(4) Of the spouse, widow, or child being a current resident of the State of Alabama.
(5) An honorable discharge or other proof of honorable termination of service of the veteran or serviceman in the armed forces for a period of at least 90 days, or service of less than 90 days if the veteran or serviceman was discharged or released by reason of a qualifying service-connected disability.
(b) For those first filing for benefits under this chapter on or after July 31, 2017, and for those attending a qualifying private school, the educational benefit shall be for tuition reimbursement and books and fees reimbursement. The value of tuition paid per semester hour (or equivalent) shall be limited to the rate of the Department of Defense Tuition Assistance Cap. The value of the books and fees paid per semester shall be limited to one thousand dollars ($1,000) per student.
(Acts 1951, No. 47, p. 259, §5; Acts 1957, No. 617, p. 883, §4; Acts 1965, No. 767, p. 1378, §2; Acts 1966, Ex. Sess., No. 206, p. 250, §5; Acts 1969, No. 418, p. 816, §4; Act 2014-177, p. 509, §1; Act 2017-349, §1; Act 2022-91, §1.)