Pub. L. 85–85772 Stat. 1234Pub. L. 86–14673 Stat. 298Pub. L. 86–211, § 673 Stat. 435Pub. L. 87–544, § 176 Stat. 208Pub. L. 87–556, § 176 Stat. 245Pub. L. 87–645, § 2(b)76 Stat. 441Pub. L. 88–450, § 5(a)78 Stat. 504Pub. L. 89–36280 Stat. 30Pub. L. 91–24, § 1083 Stat. 34Pub. L. 92–328, title I, § 10486 Stat. 394Pub. L. 93–177, § 587 Stat. 696Pub. L. 95–588, title III, § 30792 Stat. 2510Pub. L. 96–385, title V, § 503(b)94 Stat. 1534Pub. L. 97–66, title VI, § 60295 Stat. 1034Pub. L. 98–160, title VII, § 703(4)97 Stat. 1010Pub. L. 98–543, title IV, § 402(a)98 Stat. 2749Pub. L. 99–576, title VII, § 701(77)100 Stat. 3298Pub. L. 101–237, title I, § 111(a)103 Stat. 2064Pub. L. 101–508, title VIII, § 8003(a)104 Stat. 1388–342Pub. L. 102–40, title III, § 304(a)105 Stat. 209Pub. L. 102–83105 Stat. 403–406Pub. L. 102–86, title I, § 101(a)105 Stat. 414Pub. L. 102–568, title VI, § 601(a)106 Stat. 4341Pub. L. 103–66, title XII, § 12005107 Stat. 414Pub. L. 105–33, title VIII, § 8015111 Stat. 664Pub. L. 105–368, title IX, § 904(a)112 Stat. 3361Pub. L. 106–419, title III, § 304114 Stat. 1853Pub. L. 107–103, title II, § 204(a)115 Stat. 990Pub. L. 111–275, title VI124 Stat. 2884Pub. L. 112–56, title II, § 262125 Stat. 732Pub. L. 112–260, title II, § 203126 Stat. 2424Pub. L. 113–146, title VII, § 703128 Stat. 1797Pub. L. 115–46, title IV, § 401131 Stat. 969Pub. L. 115–182, title V, § 509132 Stat. 1480Pub. L. 116–315, title II, § 2013134 Stat. 4980Pub. L. 117–333, § 16136 Stat. 6135Pub. L. 119–43, § 4139 Stat. 668(, , , § 3203; , §§ 1(b), 2, , ; , , ; , , ; , , ; , , ; , , ; , §§ 1, 2, , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; renumbered § 5503 and amended , title IV, § 402(b)(1), , , 238; , §§ 4(a)(2)(A)(x), (3), (4), (b)(1), (2)(E), 5(c)(1), , ; , , ; –(c), , ; , , ; , , ; , , ; , title IV, § 402(e), , , 1863; , title V, § 504, , , 995; , §§ 601(b)(2), 606, 607, , , 2886; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , .)
Editorial Notes
References in Text
act Aug. 14, 1935, ch. 53149 Stat. 620section 1305 of Title 42The Social Security Act, referred to in subsec. (d)(3), is , . Title XIX of the Act is classified generally to subchapter XIX (§ 1396 et seq.) of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see and Tables.
Amendments
Pub. L. 119–432025—Subsec. (d)(7). substituted “” for “”.
Pub. L. 117–3332023—Subsec. (d)(7). substituted “” for “”.
Pub. L. 116–3152021—Subsec. (d)(7). substituted “” for “”.
Pub. L. 115–1822018—Subsec. (d)(7). substituted “” for “”.
Pub. L. 115–462017—Subsec. (d)(7). substituted “” for “”.
Pub. L. 113–1462014—Subsec. (d)(7). substituted “” for “”.
Pub. L. 112–2602013—Subsec. (d)(7). substituted “” for “”.
Pub. L. 112–562011—Subsec. (d)(7). substituted “” for “”.
Pub. L. 111–275, § 601(b)(2)2010—Subsec. (c). , substituted “in subsection (r) or (t) of section 1114” for “in section 1114(r)”.
Pub. L. 111–275, § 606Subsec. (d)(5). , designated existing provisions as subpar. (A) and added subpar. (B).
Pub. L. 111–275, § 607Subsec. (d)(7). , substituted “” for “”.
Pub. L. 107–103, § 204(a)2001—Subsecs. (b), (c). , redesignated subsecs. (d) and (e) as (b) and (c), respectively, and struck out former subsecs. (b) and (c), which read as follows:
“(b)(1)(A) In any case in which a veteran having neither spouse nor child is being furnished hospital treatment or institutional or domiciliary care without charge or otherwise by the United States, or any political subdivision thereof, is rated by the Secretary in accordance with regulations as being incompetent, and the veteran’s estate (excluding the value of the veteran’s home unless there is no reasonable likelihood that the veteran will again reside in such home), from any source equals or exceeds the amount equal to five times the section 1114(j) rate, further payments of pension, compensation, or emergency officers’ retirement pay shall not be made until the estate is reduced to one-half that amount.
“(B) The amount which would be payable but for this paragraph shall be paid to the veteran in a lump sum; however, no payment of a lump sum herein authorized shall be made to the veteran until after the expiration of six months following a finding of competency and in the event of the veterans’ death before payment of such lump sum no part thereof shall be payable.
“(C) The Secretary may waive the discontinuance under this paragraph of payments to a veteran with respect to not more than 60 days of care of the veteran during any calendar year if the Secretary determines that the waiver is necessary in order to avoid a hardship for the veteran. Any such waiver shall be made pursuant to regulations which the Secretary shall prescribe.
section 1114(j) of this title“(D) For purposes of this paragraph, the term ‘section 1114(j) rate’ means the monthly rate of compensation in effect under for a veteran with a service-connected disability rated as total.
“(2) Where any benefit is discontinued by reason of paragraph (1) of this subsection the Secretary may nevertheless apportion and pay to the dependent parents of the veteran on the basis of need all or any part of the benefit which would otherwise be payable to or for such incompetent veteran. Paragraph (1) of this subsection shall not prevent the payment, out of any remaining amounts discontinued under that paragraph, on account of any veteran of so much of the veteran’s pension, compensation, or retirement pay as equals the amount charged to the veteran for the veteran’s current care and maintenance in the institution in which treatment or care is furnished the veteran, but not more than the amount determined by the Secretary to be the proper charge as fixed by any applicable statute or valid administrative regulation.
“(3) All or any part of the pension, compensation, or retirement pay payable on account of any incompetent veteran who is being furnished hospital treatment, institutional or domiciliary care may, in the discretion of the Secretary, be paid to the chief officer of the institution wherein the veteran is being furnished such treatment or care, to be properly accounted for by such chief officer and to be used for the benefit of the veteran.
“(c) Any veteran subject to the provisions of subsection (b) shall be deemed to be single and without dependents in the absence of satisfactory evidence to the contrary. In no event shall increased compensation, pension, or retirement pay of such veteran be granted for any period more than one year before receipt of satisfactory evidence showing such veteran has a spouse, child, or dependent parent.”
Pub. L. 107–103Subsec. (d). , §§ 204(a)(2), 504, redesignated subsec. (f) as (d) and substituted “” for “” in par. (7). Former subsec. (d) redesignated (b).
Pub. L. 107–103, § 204(a)(2)Subsecs. (e), (f). , redesignated subsecs. (e) and (f) as (c) and (d), respectively.
Pub. L. 106–419, § 304(1)2000—Subsec. (b)(1)(A). , substituted “the amount equal to five times the section 1114(j) rate” for “$1,500” and “one-half that amount” for “$500”.
Pub. L. 106–419, § 304(2)Subsec. (b)(1)(D). , added subpar. (D).
Pub. L. 106–419, § 402(e)Subsec. (f)(7). , substituted “” for “”.
Pub. L. 105–3681998—Subsec. (a)(1)(B). substituted “Any” for “Effective through , any” in second sentence.
Pub. L. 105–331997—Subsec. (f)(7). substituted “” for “”.
Pub. L. 103–661993—Subsec. (f)(7). substituted “1998” for “1997”.
Pub. L. 102–568, § 601(c)1992—Subsec. (a)(1)(B). , inserted at end “Effective through , any amount in excess of $90 per month to which the veteran would be entitled but for the application of the preceding sentence shall be deposited in a revolving fund at the Department medical facility which furnished the veteran nursing care, and such amount shall be available for obligation without fiscal year limitation to help defray operating expenses of that facility.”
Pub. L. 102–568, § 601(a)Subsec. (f)(5), (6). , added par. (5) and redesignated former par. (5) as (6). Former par. (6) redesignated (7).
Pub. L. 102–568, § 601(b)Subsec. (f)(7). , substituted “1997” for “1992”.
Pub. L. 102–568, § 601(a)(1), redesignated par. (6) as (7).
Pub. L. 102–40, § 402(b)(1)section 3203 of this title1991—, renumbered as this section.
Pub. L. 102–83, § 4(a)(3)Subsec. (a)(1)(A), (B). , (4), substituted “Department” for “Veterans’ Administration”.
Pub. L. 102–86Subsec. (a)(1)(C). substituted “$90” for “$60”.
Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration”.
Pub. L. 102–83, § 4(b)(1)Subsec. (a)(1)(D). , (2)(E), substituted “Secretary” for “Administrator” wherever appearing.
Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration” in two places.
Pub. L. 102–83, § 5(c)(1)Subsec. (a)(2). , substituted “1521(b)” and “1521(c)” for “521(b)” and “521(c)”, respectively.
Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”.
Pub. L. 102–83, § 4(a)(2)(A)(x)Subsec. (b)(1)(A). , substituted “Secretary” for “Veterans’ Administration”.
Pub. L. 102–83, § 4(b)(1)Subsec. (b)(1)(C), (2), (3). , (2)(E), substituted “Secretary” for “Administrator” wherever appearing.
Pub. L. 102–83, § 5(c)(1)Subsec. (e). , substituted “1114(r)” and “1114” for “314(r)” and “314”, respectively.
Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration”.
Pub. L. 102–83, § 5(c)(1)Subsec. (f)(1)(B). , substituted “1741(a)” for “641(a)”.
Pub. L. 102–40, § 304(a)section 641(a) of this title, inserted before period at end “, other than a facility that is a State home with respect to which the Secretary makes per diem payments for nursing home care pursuant to ”.
Pub. L. 101–5081990—Subsec. (f). added subsec. (f).
Pub. L. 101–237, § 111(a)1989—Subsec. (a)(1). , substituted “$90” for “$60” in subpars. (A) and (B), substituted “third” for “second” in subpar. (A), and struck out “hospital or” before “nursing home care” wherever appearing in subpars. (B) and (D).
Pub. L. 99–5761986—Subsec. (e). substituted “the veteran’s” for “his” before “admission”.
Pub. L. 98–5431984—Subsec. (b)(1). designated first and second sentences as subpars. (A) and (B), respectively, and in subpar. (A), as so designated, substituted “or” for the comma after “treatment”, struck out “by reason of mental illness” after “as being incompetent”, inserted “(excluding the value of the veteran’s home unless there is no reasonable likelihood that the veteran will again reside in such home),” after “the veteran’s estate”, and added subpar. (C).
Pub. L. 98–160, § 703(4)(A)1983—Subsec. (a)(2). , (B), substituted “spouse” for “wife”, and “the veteran” for “him”.
Pub. L. 98–160, § 703(4)(A)Subsec. (b)(1). , (C), substituted “spouse” for “wife” and “the veteran’s” for “his”.
Pub. L. 98–160, § 703(4)(B)Subsec. (b)(2). , (C), substituted “the veteran” for “him”, and “the veteran’s” for “his”.
Pub. L. 98–160, § 703(4)(A)Subsec. (c). , substituted “spouse” for “wife”.
Pub. L. 98–160, § 703(4)(D)Subsec. (d). , substituted “the veteran” for “he”.
Pub. L. 97–66, § 602(1)1981—Subsec. (a)(1)(B). , substituted “Except as provided in subparagraph (D) of this paragraph, where” for “Where”.
Pub. L. 97–66, § 602(2)Subsec. (a)(1)(D). , added subpar. (D).
Pub. L. 96–3851980—Subsec. (a)(1)(C). substituted “in connection with which pension was reduced pursuant to subparagraph (A) or (B) of this paragraph” for “of not less than two full calendar months”.
Pub. L. 95–5881978—Subsec. (a)(1). revised and restructured par. (1) and, as so restructured, raised the maximum pension to be paid to a veteran being furnished institutional care who has neither wife nor child from $50 per month to $60 per month.
Pub. L. 93–1771973—Subsec. (a)(1). substituted “$50” for “$30”.
Pub. L. 92–328, § 104(a)1972—Subsec. (a). , (b), redesignated subsec. (d) as (a). Former subsec. (a), which related to payment of compensation or retirement pay to veterans being furnished hospital treatment, institutional or domiciliary care by the Veterans’ Administration, was struck out.
Pub. L. 92–328, § 104(c)Subsec. (b)(1). , redesignated par. (2) as (1) and inserted provisions relating to the rating by the Veterans’ Administration of a veteran as incompetent by reason of mental illness and provisions relating to the payment of a lump sum to the veteran until after the expiration of six months following the finding of competency of the veteran. Former par. (1), which related to the payment of compensation or retirement pay pursuant to the provisions of subsec. (a) of this section to veterans rated by the Veterans’ Administration as incompetent, was struck out.
Pub. L. 92–328, § 104(c)Subsec. (b)(2). , (d), redesignated par. (3) as (2) and substituted “(1)” for “(2)” wherever appearing. Former par. (2) redesignated (1).
Pub. L. 92–328, § 104(d)Subsec. (b)(3), (4). , redesignated par. (4) as (3). Former par. (3) redesignated (2).
Pub. L. 92–328, § 104(e)Subsec. (c). , struck out “(a) or” after “subsection”.
Pub. L. 92–328, § 104(b)Subsec. (d). , (f), redesignated subsec. (e) as (d) and struck out “, compensation, or retirement pay” after “pension”. Former subsec. (d) redesignated (a).
Pub. L. 92–328, § 104(f)Subsecs. (e), (f). , (g), redesignated subsecs. (e) and (f) as (d) and (e), respectively.
Pub. L. 91–24section 521(c) of this titlesection 521(c) of this title1969—Subsec. (d)(2). substituted “the amount payable to the veteran while being furnished such care which would be payable to him if pension were payable under ” for “$30 per month which would be payable to the veteran while being furnished such care if pension were payable to him under ”.
Pub. L. 89–362, § 11966—Subsec. (a)(1). , limited the application of the rule requiring immediate reduction of withheld benefits following discharge against medical advice or as a result of disciplinary action to situations where the readmission occurs within 6 months following prior termination of the hospitalization or institutional care.
Pub. L. 89–362, § 2Subsec. (f). , limited the application of the rule requiring discontinuance of aid and attendance allowance upon readmission following departure from a hospital against medical advice to situations where the readmission occurs within 6 months following prior termination of the hospitalization.
Pub. L. 88–450lsection 314 of this title1964—Subsec. (f). directed that any discontinuance required by administrative regulation, during hospitalization of a veteran by the Veterans’ Administration, of increased pension based on need of regular aid and attendance as described in subsection () or (m) of , shall not be effective earlier than the first day of the second calendar month which begins after the date of the veteran’s admission for hospitalization, and authorized discontinuance of the increased pension or additional compensation of a veteran upon readmission if he left a hospital against medical advice.
Pub. L. 87–5441962—Subsec. (a)(2)(A). removed brothers, sisters, and nondependent parents from the permitted class of beneficiaries.
Pub. L. 87–556, § 1(1)Subsec. (d)(1). , limited par. (1) to veterans having neither wife nor child.
Pub. L. 87–556, § 1(2)section 521(b) of this titlesection 521(c) of this titleSubsec. (d)(2). , substituted provisions making par. (1) applicable to a veteran having a wife but whose pension is payable under , and in such case, authorized the Administrator to pay to the wife, upon an affirmative showing of hardship, all or any part of the amounts in excess of $30 per month payable to the veteran under , for provisions which permitted the Administrator, to pay to the wife or children of a veteran, the balance of the pension he would receive but for par. (1) of this section.
Pub. L. 87–645Subsec. (f). added subsec. (f).
Pub. L. 86–211, § 6(1)1959—Subsec. (a)(1). , struck out references to pensions.
Pub. L. 86–146, § 1(b)section 3202(d) of this titleSubsec. (a)(2)(B). , inserted “under the last two sentences of or” before “under this paragraph” in two places.
Pub. L. 86–146, § 2Subsec. (b). , inserted “to the veteran” and “and in the event of the veterans’ death before payment of such lump sum no part thereof shall be payable” in par. (1); substituted “in which such an incompetent veteran having neither wife nor child is being furnished hospital treatment, institutional or domiciliary care without charge or otherwise by the United States, or any political subdivision thereof, and his estate from any source equals or exceeds $1,500, further payments of pension, compensation, or emergency officers’ retirement pay” and “paragraph” for “where the estate of such incompetent veteran derived from any source equals or exceeds $1,500, further payments of such benefits (except retired pay, but including emergency officers’ retirement pay” and “subsection” and inserted “before payment of such lump sum” in par. (2); added par. (3); and redesignated former par. (3) as (4).
Pub. L. 86–211, § 6(1)Subsec. (b)(1). , struck out reference to pension of a veteran.
Pub. L. 86–211, § 6(2)Subsecs. (d), (e). , (3), added subsec. (d) and redesignated former subsec. (d) as (e).
Statutory Notes and Related Subsidiaries
Effective Date of 2010 Amendment
section 601(b)(2) of Pub. L. 111–275section 601(c) of Pub. L. 111–275section 1114 of this titleAmendment by effective , see , set out as a note under .
Effective Date of 1998 Amendment
Pub. L. 105–368, title IX, § 904(b)112 Stat. 3361
Effective Date of 1992 Amendment
Pub. L. 102–568, title VI, § 601(d)106 Stat. 4342
Effective Date of 1991 Amendments
Pub. L. 102–86, title I, § 101(b)105 Stat. 414
Pub. L. 102–40, title III, § 304(b)105 Stat. 209
Effective Date of 1990 Amendment
Pub. L. 101–508, title VIII, § 8003(b)104 Stat. 1388–343
Effective Date of 1989 Amendment
Pub. L. 101–237, title I, § 111(b)103 Stat. 2065
Effective Date of 1981 Amendment
Pub. L. 97–66section 701(b)(5) of Pub. L. 97–66section 1114 of this titleAmendment by effective , and applicable with respect to veterans admitted to a Veterans’ Administration hospital or nursing home on or after such date, see , set out as a note under .
Effective Date of 1980 Amendment
Pub. L. 96–385section 601(b) of Pub. L. 96–385section 1114 of this titleAmendment by effective , see , set out as a note under .
Effective Date of 1978 Amendment
Pub. L. 95–588section 401 of Pub. L. 95–588section 101 of this titleAmendment by effective , see , set out as a note under .
Effective Date of 1973 Amendment
Pub. L. 93–177section 8 of Pub. L. 93–177section 1521 of this titleAmendment by effective , see , set out as a note under .
Effective Date of 1972 Amendment
Pub. L. 92–328section 301(a) of Pub. L. 92–328section 1114 of this titleAmendment by effective first day of second calendar month which begins after , see , set out as a note under .
Effective Date of 1964 Amendment
Pub. L. 88–450, § 5(b)78 Stat. 504
Effective Date of 1962 Amendments
Pub. L. 87–645section 4 of Pub. L. 87–645section 1112 of this titleAmendment by effective first day of first calendar month which begins after , see , set out as a note under .
Pub. L. 87–556, § 2(b)76 Stat. 245
Effective Date of 1959 Amendments
Pub. L. 86–211section 10 of Pub. L. 86–211section 1521 of this titleAmendment by effective , see , set out as a note under .
Pub. L. 86–146section 3 of Pub. L. 86–146section 5502 of this titleAmendment by effective first day of first calendar month which begins more than ninety days after , see , set out as a note under .
Improvement in Pension Program Administration; Report to Congressional Committees
Pub. L. 99–166, title I, § 108(d)99 Stat. 947, , , provided that (1) in order to improve timeliness of adjustments made pursuant to subsec. (a) of this section, in amount of pension being paid to a veteran being furnished nursing home care by Veterans’ Administration, the Chief Medical Director [now Under Secretary for Health] of the Veterans’ Administration was to develop improved procedures for notifying the Chief Benefits Director [now Under Secretary for Benefits] of the Veterans’ Administration when a veteran is admitted to a nursing home, and (2) the Administrator was to submit to Committees on Veterans’ Affairs of the Senate and House of Representatives a report, within 90 days, on development and implementation of such procedures.
Regulations; Waiver for Hardship Reasons
Pub. L. 98–543, title IV, § 402(b)98 Stat. 2749, , , directed the Administrator to prescribe regulations under subsec. (b)(1)(C) of this section not later than 60 days after .
Pub. L. 92–328Payment of Lump Sum Compensation or Retirement Pay to Veterans Withheld Pursuant to Provisions in Effect on the Day Before the Effective Date of
Pub. L. 92–328, title I, § 10686 Stat. 395
Pub. L. 92–328[For effective date of , see Effective Date of 1972 Amendment notes set out under sections 1114, 1134, and 3713 of this title.]
Applicability of 1966 Amendments to Any Pension Eligibility Which Is Subject to Veterans’ Pension Act of 1959
Pub. L. 89–362, § 380 Stat. 30
Applicability of 1962 Amendments to Persons Not Electing Pension Under Veterans’ Act of 1959
Pub. L. 87–556, § 2(a)76 Stat. 245
Pub. L. 87–544, § 276 Stat. 208