Serving the country is considered a privilege. That’s why many laws in place ensure service members receive attractive benefits. Among the regulations that make the lives of military members so much easier is the Servicemembers Civil Relief Act (SCRA).

The Servicemembers Civil Relief Act is a federal law providing financial and legal protection to eligible military members, enabling them to meet their legal and financial obligations while serving the country.

One of the main criteria for SCRA eligibility is active duty status. However, do SCRA protections apply to veterans, particularly disabled ones? This article will explore this topic and more.

Contents

1 Explaining the Servicemembers Civil Relief Act (SCRA)
2 Eligibility Criteria of the SCRA
3 Are Disabled Veterans Eligible For SCRA Benefits?
4 SCRA Benefits for Disabled Veterans
5 How to Apply for SCRA Benefits Today
6 Conclusion
7 FAQs

Explaining the Servicemembers Civil Relief Act (SCRA)

The Servicemembers Civil Relief Act (SCRA) – formerly known as the Soldiers’ & Sailors’ Civil Relief Act of 1940 – is a federal law that aims to ease the obligations of active duty service members and their families so they can focus on their military service.

This law covers people on active duty military service, particularly all Army, Air Force, Coast Guard, Marine Corps, and Navy service members. SCRA protections also cover National Guard and Reserve component members called to active duty service and active duty commissioned officers of the National Oceanic and Atmospheric Administration and the Public Health Service.

Military spouses and dependents of service members on active service also enjoy some privileges under the Servicemembers Civil Relief Act.

Some common SCRA provisions invoked are automobile lease cancellation, eviction protection, foreclosure and forced sales relief, property lease termination, six percent relief on interest rates, and state tax relief.

Eligibility Criteria of the SCRA

For a service member to qualify for SCRA protections, they need to meet the following criteria:

Active duty service member from the Army, Marine Corps, Navy, Air Force, or Coast Guard
Active duty reserve component member
National Guard component members mobilized under federal orders for a minimum of 30 consecutive days.
Active duty commissioned officers of the National Oceanic and Atmospheric Administration and the Public Health Service.

Select SCRA provisions are also applicable to the dependents and spouses of active duty service members. People with a valid power of attorney for a particular servicemember may invoke SCRA rights. Veterans, including disabled veterans, called to active duty service may request SCRA protections.

Active duty status is the key for veterans to become eligible for SCRA benefits. It should be highlighted that not all service members and veterans are protected by the SCRA. Only active duty service members are allowed to invoke the protections of the SCRA.

Are Disabled Veterans Eligible For SCRA Benefits?

In general, veterans or retired military members are ineligible for SCRA protections. However, veterans, including disabled veterans, may request relief if they can prove they are called to active duty military service.

SCRA Benefits for Disabled Veterans

If a person with a disability status is called to active duty service, they can activate SCRA protections. However, disabled veterans are not entitled to unique benefits under the SCRA. This means disabled veterans aren’t provided special perks not extended to other military personnel. On the other hand, disabled veterans are given plenty of benefits by the Department of Veterans Affairs, which include disability compensation.

If a disabled veteran is on active military duty, what benefits are they entitled to? Here are some perks granted through the Servicemembers Civil Relief Act (SCRA):

Automobile lease cancellation. If called into duty, and for up to 180 days after signing the lease, service members can terminate a vehicle lease.
Credit rating protection. Lenders cannot revoke or deny credit, change existing loan terms, or refuse to grant credit.
Eviction protection. A landlord isn’t allowed to evict a service member or their dependents without a court order while the military personnel is serving on active duty.
Foreclosure and forced sales relief. Real estate or vehicles cannot be foreclosed or repossessed without a court order.
Judicial relief. The SCRA permits service members to ask for the postponement of civil administrative and court proceedings for at least 90 days if they can’t attend a scheduled court appearance. This benefit does not extend to criminal proceedings.
Property lease termination. Servicemembers can terminate any property lease agreement, without any penalties, if they have deployment orders for a permanent change of station. This SCRA protection applies to agreements signed before one’s active duty assignment.
Six percent limit on interest rates. Military personnel can request reduced interest rates to six percent on debt obtained before entering active duty service. This benefit also applies to military spouses.
State tax relief. A service member can choose their domicile or state of legal residence for tax purposes if ordered to move to another state.

How to Apply for SCRA Benefits Today

No universal document or pass would help service members automatically activate their SCRA protections. If eligible disabled veterans would like to activate their SCRA protections, they need to follow these two vital steps:

Determine one’s active duty status. The primary qualification for SCRA eligibility is active duty status. The military personnel who request SCRA protections must provide evidence that they’re on active duty. That person should request a letter or document that specifies active duty service duration.
Submit a written request. A verbal notice isn’t enough. The eligible service member should write a letter detailing the SCRA benefit they want to request.

Conclusion

If eligible, the SCRA can grant numerous impressive benefits to disabled veterans. That’s why knowledge is key to maximizing one’s rights. Explore the Military Verification website further for more information on the SCRA.

FAQs

Who is eligible for SCRA benefits?

Military personnel who are on active duty are granted SCRA benefits. Select SCRA provisions extend to military spouses and other dependents.

How can disabled veterans qualify for SCRA provisions?

To qualify, they would need to prove that they are currently on active duty status.

Who is not eligible for SCRA benefits?

People who aren’t on active duty aren’t given SCRA benefits. This includes veterans.

Roy L. Kaufmann

Attorney Roy Kaufmann serves as the Director of the Servicemembers Civil Relief Act Centralized Verification Service, located in Washington, D.C. As a recognized authority on the Servicemembers Civil Relief Act, Mr. Kaufmann has published hundreds of articles and hosted many webinars. His teachings help law firms and businesses to remain compliant with the SCRA rules and regulations so as to avoid costly fines.

Does SCRA Apply To Disabled Veterans?