Title 38Veterans' BenefitsRelease 119-73not60

§5313A Limitation on Payment of Clothing Allowance to Incarcerated Veterans

Title 38 › Part IV— GENERAL ADMINISTRATIVE PROVISIONS › Chapter 53— SPECIAL PROVISIONS RELATING TO BENEFITS › § 5313A

Last updated Apr 5, 2026|Official source

Summary

Veterans jailed more than 60 days who are given free clothing by the prison or jail will have their yearly clothing allowance reduced. The reduction is 1/365 of the full allowance for each day jailed during the 12 months before the payment date. The Secretary will make rules to carry this out.

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 38Veterans' Benefits

Last Updated

Apr 5, 2026

Release point: 119-73not60