§1543 — Title 38 Veterans' Benefits | U.S. Code

Summary

The VA must stop or refuse pension payments when a person’s estate savings are large enough that, all things considered, it would be reasonable to use some of that money for their support. This rule applies to a surviving spouse’s pension and to extra payments made because of a child. While those extra payments are stopped, the child won’t count as the surviving spouse’s child under these rules. The VA must also stop a child’s pension when the child’s estate, and the income or estate of any person legally responsible for the child who lives with them, are enough that using some of that money for the child’s support is reasonable.

Title 38, §1543

Veterans' Benefits — Source: USLM XML via OLRC

(a)(1)The Secretary shall deny or discontinue payment of pension to a surviving spouse under section 1541 of this title when the corpus of the estate of the surviving spouse is such that under all the circumstances, including consideration of the income of the surviving spouse and the income of any child from whom the surviving spouse is receiving increased pension, it is reasonable that some part of the corpus of such estate be consumed for the surviving spouse’s maintenance.

(2)The Secretary shall deny or discontinue the payment of increased pension under subsection (c), (d), or (e) of section 1541 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 income of the surviving spouse and such child and the income of any other child for whom the surviving spouse is receiving increased pension, it is reasonable that some part of the corpus of the 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 surviving spouse’s child for purposes of this chapter.

(b)The Secretary shall deny or discontinue payment of pension to a child under section 1542 of this title when the corpus of the estate of the child is such that under all the circumstances, including consideration of the income of the child, the income of any person with whom such child is residing who is legally responsible for such child’s support, and the corpus of the estate of such person, it is reasonable that some part of the corpus of such estates be consumed for the child’s maintenance.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1991—Pub. L. 102–83, § 5(a), renumbered section 543 of this title as this section. Subsec. (a). Pub. L. 102–83, § 5(c)(1), substituted “1541” for “541” in pars. (1) and (2). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in pars. (1) and (2). Subsec. (b). Pub. L. 102–83, § 5(c)(1), substituted “1542” for “542”. Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”. 1978—Pub. L. 95–588 designated existing provisions relating to denial or discontinuance of pension payments to surviving spouses as subsec. (a), expanded existing provisions relating to denial or discontinuance of pension payments to children of veterans, and designated such expanded provisions as subsecs. (a)(2) and (b). 1975—Pub. L. 94–169 substituted “surviving spouse” for “widow”. 1959—Pub. L. 86–211 substituted provisions requiring the denial or discontinuance of payment of pension to a widow or child when the corpus of the estate of the survivor concerned is such that under all the circumstances, including consideration of income, it is reasonable that some part of the corpus be consumed for the survivor’s maintenance for provisions which authorized the payment of a pension to widows of World War II or Korean conflict veterans. See section 1541 of this title.

Statutory Notes and Related Subsidiaries

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 1975 Amendment Pub. L. 94–169, title I, § 101, Dec. 23, 1975, 89 Stat. 1013, provided that the amendment made by that section is effective Jan. 1, 1976.

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 a note under section 1521 of this title.

§1543 Net Worth Limitation

Summary

Title 38, §1543

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Effective Date

Citations & Metadata