PRIA, Government Policy, Made Personal

Summary

Regardless of sections 2102 and 2102A, the Secretary may help a veteran whose home, already adapted with a grant under this chapter, was destroyed or seriously damaged by a natural or other disaster. The help can buy a suitable home with the special fixtures or movable equipment needed for the veteran’s disability, plus necessary land, and it does not reduce the veteran’s remaining uses or the chapter’s overall maximum. The payment cannot be more than the smaller of the Secretary’s reasonable cost to repair or replace the home beyond insurance coverage, or the maximum the veteran would have been entitled to under sections 2101(a), 2101(b), and 2102A if the veteran had not previously received assistance.

Title 38, §2109

Veterans' Benefits, Source: USLM XML via OLRC

(a)In General.—

Notwithstanding the provisions of section 2102 and 2102A of this title, the Secretary may provide assistance to a veteran whose home was previously adapted with assistance of a grant under this chapter in the event the adapted home which was being used and occupied by the veteran was destroyed or substantially damaged in a natural or other disaster, as determined by the Secretary.

(b)Use of Funds.—

Subject to subsection (c), assistance provided under subsection (a) shall—

(1)be available to acquire a suitable housing unit with special fixtures or moveable facilities made necessary by the veteran’s disability, and necessary land therefor;

(2)be available to a veteran to the same extent as if the veteran had not previously received assistance under this chapter; and

(3)not be deducted from the maximum uses or from the maximum amount of assistance available under this chapter.

(c)Limitations.—

The amount of the assistance provided under subsection (a) may not exceed the lesser of— (1)

(2)the maximum amount of assistance to which the veteran would have been entitled under section 2101(a), 2101(b), and 2102A of this title had the veteran not obtained previous assistance under this chapter.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2015—Subsec. (a). Pub. L. 114–58 substituted “provisions of sections” for “provisions of section”.

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 112–154, title VII, § 701(g), Aug. 6, 2012, 126 Stat. 1205, provided that: “The

Amendments

made by this section [enacting this section and amending section 3108, 3120, 3703, and 3903 of this title] shall take effect on the date that is one year after the date of the enactment of this Act [Aug. 6, 2012].” Annual Report Pub. L. 112–154, title VII, § 701(f), Aug. 6, 2012, 126 Stat. 1204, provided that: “(1) In general.—Each year, the Secretary of Veterans Affairs shall submit to Congress a report on the assistance provided or action taken by the Secretary in the last fiscal year pursuant to the authorities added by the

Amendments

made by this section [enacting this section and amending section 3108, 3120, 3703, and 3903 of this title]. “(2) Elements.—Each report submitted under paragraph (1) shall include the following for the fiscal year covered by the report:“(A) A description of each natural disaster for which assistance was provided or action was taken as described in paragraph (1). “(B) The number of cases or individuals, as the case may be, in which or to whom the Secretary provided assistance or took action as described in paragraph (1). “(C) For each such case or individual, a description of the type or amount of assistance or action taken, as the case may be.”

§2109 Specially Adapted Housing Destroyed or Damaged by Natural Disasters

Summary

Title 38, §2109

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Amendments

Amendments

Citations & Metadata