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38 U.S.C. § 102 — Dependent parents

submitted 68 years ago by Pub. L. 85-857 to r/title-38-VETERANS-BENEFITS · 149 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section says how the VA decides if a veteran's parent counts as a dependent, for benefits. Remarriage alone can't disqualify a parent. A parent also qualifies if their income falls under limits the Secretary sets, considering marital status and who they must support.

(a) Whether a parent depends on the veteran — which can be decided before or after the veteran dies — follows rules the Secretary of Veterans Affairs writes. (b) A parent's dependency cannot be denied (1) just because the parent remarried, or (2) in any state where the parent's monthly income is below limits the Secretary sets. In setting those limits, the Secretary must consider the parent's marital status and any other family members the parent has a moral or legal duty to support. (c) When figuring out a parent's monthly income for this section, the Secretary must not count: payments the parent gets from the Secretary's own programs because of disability or death, or bonus or similar cash payments any state gives based on the veteran's military service.
the actual law source: uscode.house.gov ↗public domain
(a)

Dependency of a parent, which may arise before or after the death of a veteran, shall be determined in accordance with regulations prescribed by the Secretary.

(b)

Dependency of a parent shall not be denied (1) solely because of remarriage, or (2) in any case in any State where the monthly income for a mother or father does not exceed minimum levels which the Secretary shall prescribe by regulation, giving due regard to the marital status of the mother or father and additional members of the family whom the mother or father is under a moral or legal obligation to support.

(c)

For the purposes of this section, in determining monthly income the Secretary shall not consider any payments under laws administered by the Secretary because of disability or death or payments of bonus or similar cash gratuity by any State based upon service in the Armed Forces.

Source credit: (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1109; Pub. L. 89–358, § 4(e), (f), Mar. 3, 1966, 80 Stat. 24; Pub. L. 92–540, title IV, § 408, Oct. 24, 1972, 86 Stat. 1092; Pub. L. 94–432, title IV, § 402, Sept. 30, 1976, 90 Stat. 1372; Pub. L. 99–576, title VII, § 701(1), Oct. 28, 1986, 100 Stat. 3289; Pub. L. 102–54, § 14(a)(2), June 13, 1991, 105 Stat. 282; Pub. L. 102–83, § 4(a)(1), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 403–405.)

history & why it existsrecord from the source credit
  • 1958Enacted · Pub. L. 85-857 · 72 Stat. 1109
  • 1966Amended · Pub. L. 89-358 · 80 Stat. 24
  • 1972Amended · Pub. L. 92-540 · 86 Stat. 1092
  • 1976Amended · Pub. L. 94-432 · 90 Stat. 1372
  • 1986Amended · Pub. L. 99-576 · 100 Stat. 3289
  • 1991Amended · Pub. L. 102-54 · 105 Stat. 282
  • 1991Amended · Pub. L. 102-83 · 105 Stat. 403

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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