38 U.S.C. § 1522 — Net worth limitation
submitted 68 years ago by Pub. L. 85-857 to r/title-38-VETERANS-BENEFITS · 195 words · no verdicts yet
The Secretary must deny or stop a veteran’s pension when the veteran’s or spouse’s estate is large enough that some of it reasonably should be used for maintenance. A similar rule applies to increased pension paid because of a child’s estate.
(a) The Secretary* must deny or stop a veteran’s pension* under section 1513 or 1521 when the veteran’s estate—or, if the veteran* has a spouse*, the estates of both—the circumstances, including the annual income of the veteran, spouse, and children, show that some of the estate reasonably should be used for the veteran’s maintenance.
(b) The Secretary must deny or stop an increased pension paid because of a child* under section 1521(c), (d), (e), or (f) when the child’s estate, considering all circumstances and the income of the veteran, spouse, and children, reasonably should be used partly for the child’s maintenance. While the denial or stoppage continues, the child is not treated as the veteran’s child for this chapter.
The Secretary* shall deny or discontinue the payment of pension* to a veteran* under section 1513 or 1521 of this title when the corpus of the estate of the veteran or, if the veteran has a spouse*, the corpus of the estates of the veteran and of the veteran’s spouse is such that under all the circumstances, including consideration of the annual income of the veteran, the veteran’s spouse, and the veteran’s children, it is reasonable that some part of the corpus of such estates be consumed for the veteran’s maintenance.
The Secretary shall deny or discontinue the payment of increased pension under subsection (c), (d), (e), or (f) of section 1521 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 veteran’s and spouse’s income, and the income of the veteran’s children, it is reasonable that some part of the corpus of such 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 veteran’s child for purposes of this chapter.
Source credit: (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1136, § 522; Pub. L. 86–211, § 3(b), Aug. 29, 1959, 73 Stat. 434; Pub. L. 95–588, title I, § 107, Nov. 4, 1978, 92 Stat. 2502; renumbered § 1522 and amended Pub. L. 102–83, §§ 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404–406; Pub. L. 107–103, title II, § 207(b)(2), Dec. 27, 2001, 115 Stat. 991.)
- 1958Enacted · Pub. L. 85-857 · 72 Stat. 1136
- 1959Amended · Pub. L. 86-211 · 73 Stat. 434
- 1978Amended · Pub. L. 95-588 · 92 Stat. 2502
- 1991Amended · Pub. L. 102-83 · 105 Stat. 404
- 2001Amended · Pub. L. 107-103 · 115 Stat. 991
A history note hasn’t been published yet. The record shows enactment by Pub. L. 85-857 on 1958-09-02.
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