Title 38 — Veterans' BenefitsRelease 119-73
§5313A Limitation on payment of clothing allowance to incarcerated veterans
Title 38 › Part PART IV— - GENERAL ADMINISTRATIVE PROVISIONS › Chapter CHAPTER 53— - SPECIAL PROVISIONS RELATING TO BENEFITS › § 5313A
Summary
Veterans incarcerated more than 60 days in a federal, State, local, or other jail or prison who are given clothing without charge will have their annual clothing allowance under section 1162 reduced. For each day they were incarcerated during the 12 months before the payment, 1/365 of the allowance is subtracted. The Secretary must set rules for how this is applied.
Full Legal Text
Title 38, §5313A
Veterans' Benefits — Source: USLM XML via OLRC
In the case of a veteran who is incarcerated in a Federal, State, local, or other penal institution or correctional facility for a period in excess of 60 days and who is furnished clothing without charge by the institution, the amount of any annual clothing allowance payable to the veteran under section 1162 of this title shall be reduced by an amount equal to 1⁄365 of the amount of the allowance otherwise payable under that section for each day on which the veteran was so incarcerated during the 12-month period preceding the date on which payment of the allowance would be due. This section shall be carried out under regulations prescribed by the Secretary.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Amendments
2006—Pub. L. 109–461 substituted “local, or other penal institution or correctional facility” for “or local penal institution”.
Reference
Citations & Metadata
Citation
38 U.S.C. § 5313A
Title 38 — Veterans' Benefits
Last Updated
Apr 6, 2026
Release point: 119-73