PRIA, Government Policy, Made Personal

Summary

The Secretary must refuse or stop a veteran’s pension when the main money or property in the veteran’s estate—or in the veteran’s and spouse’s estates together—is enough that, after looking at the yearly income of the veteran, the spouse, and the children, it is reasonable to use some of that money to pay for the veteran’s care. The Secretary must also refuse or stop an increased pension for a child when the child’s own estate has enough money that, after considering the veteran’s and spouse’s income and the children’s income, it is reasonable to use some of it for the child’s care. While the payment is stopped, that child is not counted as the veteran’s child for these benefits.

Title 38, §1522

Veterans' Benefits, Source: USLM XML via OLRC

(a)The Secretary shall deny or discontinue the payment of pension to a veteran under section 1513 or 1521 of this title when the corpus of the estate of the veteran or, if the veteran has a spouse, the corpus of the estates of the veteran and of the veteran’s spouse is such that under all the circumstances, including consideration of the annual income of the veteran, the veteran’s spouse, and the veteran’s children, it is reasonable that some part of the corpus of such estates be consumed for the veteran’s maintenance.

(b)The Secretary shall deny or discontinue the payment of increased pension under subsection (c), (d), (e), or (f) of section 1521 of this title on account of a child when the corpus of such child’s estate is such that under all the circumstances, including consideration of the veteran’s and spouse’s income, and the income of the veteran’s children, it is reasonable that some part of the corpus of such child’s estate be consumed for the child’s maintenance. During the period such denial or discontinuance remains in effect, such child shall not be considered as the veteran’s child for purposes of this chapter.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2001—Subsec. (a). Pub. L. 107–103 inserted “1513 or” before “1521 of this title”. 1991—Pub. L. 102–83, § 5(a), renumbered section 522 of this title as this section. Pub. L. 102–83, § 5(c)(1), substituted “1521” for “521” in subsecs. (a) and (b). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in subsecs. (a) and (b). 1978—Pub. L. 95–588 designated existing provisions as subsec. (a), inserted provisions relating to consideration of the income and estates of the spouse and children of an eligible veteran, and added subsec. (b). 1959—Pub. L. 86–211 substituted provisions requiring the denial or discontinuance of payment of pension when the corpus of the veteran’s estate is such that under all the circumstances, including consideration of the veteran’s income, it is reasonable that some part of the corpus be consumed for the veteran’s maintenance for provisions which prohibited the payment of a pension to any unmarried veteran whose annual income exceeds $1,400 or to any married veteran or any veteran with children whose annual income exceeds $2,700.

Statutory Notes and Related Subsidiaries

Effective Date

of 2001 AmendmentAmendment by Pub. L. 107–103 effective Sept. 17, 2001, see section 207(c) of Pub. L. 107–103, set out as an

Effective Date

note under section 1513 of this title.

Effective Date

of 1978 AmendmentAmendment by Pub. L. 95–588 effective Jan. 1, 1979, see section 401 of Pub. L. 95–588, set out as a note under section 101 of this title.

Effective Date

of 1959 AmendmentAmendment by Pub. L. 86–211 effective July 1, 1960, see section 10 of Pub. L. 86–211, set out as an

Effective Date

note under section 1521 of this title.

§1522 Net Worth Limitation

Summary

Title 38, §1522

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Effective Date

Effective Date

Effective Date

Citations & Metadata