38 U.S.C. § 1543 | Net worth limitation

(a)

(1)

section 1541 of this title The Secretary shall deny or discontinue payment of pension to a surviving spouse under 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)

section 1541 of this title The Secretary shall deny or discontinue the payment of increased pension under subsection (c), (d), or (e) of 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)

section 1542 of this title The Secretary shall deny or discontinue payment of pension to a child under 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.

Pub. L. 85–857Sept. 2, 195872 Stat. 1138 Pub. L. 86–211, § 4Aug. 29, 195973 Stat. 435 Pub. L. 94–169, title I, § 101(2)(E)Dec. 23, 197589 Stat. 1014 Pub. L. 95–588, title I, § 111Nov. 4, 197892 Stat. 2504 Pub. L. 102–83Aug. 6, 1991105 Stat. 404–406 (, , , § 543; , , ; , , ; , , ; renumbered § 1543 and amended , §§ 4(b)(1), (2)(E), 5(a), (c)(1), , .)

Editorial Notes

Amendments

Pub. L. 102–83, § 5(a)section 543 of this title1991—, renumbered as this section.

Pub. L. 102–83, § 5(c)(1)Subsec. (a). , 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).

Pub. L. 102–83, § 5(c)(1)Subsec. (b). , substituted “1542” for “542”.

Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”.

Pub. L. 95–5881978— 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).

Pub. L. 94–1691975— substituted “surviving spouse” for “widow”.

Pub. L. 86–211 section 1541 of this title1959— 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 .

Statutory Notes and Related Subsidiaries

Effective Date of 1978 Amendment

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

Effective Date of 1975 Amendment

Pub. L. 94–169, title I, § 101Dec. 23, 197589 Stat. 1013 Jan. 1, 1976, , , provided that the amendment made by that section is effective .

Effective Date of 1959 Amendment

Pub. L. 86–211July 1, 1960section 10 of Pub. L. 86–211 section 1521 of this titleAmendment by effective , see , set out as a note under .