38 U.S.C. § 1506 — Resource reports and overpayment adjustments
submitted 67 years ago by Pub. L. 86-211 to r/title-38-VETERANS-BENEFITS · 518 words · no verdicts yet
As a condition for granting or continuing certain pensions, the Secretary may require information about an applicant's or recipient's income and estate. The Secretary may require yearly reports and must require prompt reports of material changes and of a person's loss of spouse or child status.
As a condition of granting or continuing a pension* under section 1521, 1541, or 1542 of this title, the Secretary* has these powers and duties. This section does not define "corpus of the estate," "material change," or "spouse*."
(1) The Secretary may require any person applying for or receiving a pension to provide the information, proofs, and evidence the Secretary decides are needed to determine that person's annual income and the value of that person's "corpus of the estate." The Secretary may also require information about the annual income and estate value of any spouse or child* for whom the person receives or will receive an increased pension. This section calls such a child a "dependent child." If a child applies for or receives a pension under section 1542 of this title, this section calls the child a "surviving child." For a surviving child, the Secretary may also require information about the annual income and estate value of any person with whom the child lives who is legally responsible for the child's support.
(2) The Secretary may require an applicant or recipient to file a report with the Department* for each calendar year, using the form the Secretary prescribes. The report must show:
(A) The annual income that the applicant or recipient, and any spouse or dependent child, received during the previous year; the value of the applicant's or recipient's estate, and of any spouse's or dependent child's estate, at the end of that year; and, for a surviving child, the income and estate value of any person with whom the child lives who is legally responsible for the child's support;
(B) The applicant's or recipient's estimate for the current year of the annual income that the applicant or recipient, and any spouse or dependent child, expects to receive, and of any expected increase in the value of the applicant's or recipient's estate and of any spouse's or dependent child's estate; and
(C) For a surviving child, an estimate for the current year of the annual income of any person with whom the child lives who is legally responsible for the child's support, and of any expected increase in that person's estate value.
(3) The Secretary must require an applicant or recipient to promptly notify the Secretary whenever there is a "material change" in the applicant's or recipient's annual income, or in the annual income of a spouse or dependent child, or whenever there is a material change in the value of the applicant's or recipient's estate, or of a spouse's or dependent child's estate. For a surviving child, the person must also promptly report a material change in the annual income or estate value of any person with whom the child lives who is legally responsible for the child's support.
(4) If an applicant or recipient applies for or receives an increased pension because of a person who is the applicant's or recipient's spouse or child, the Secretary must require the applicant or recipient to promptly notify the Secretary if that person stops meeting the applicable definition of "spouse" or "child."
As a condition of granting or continuing pension* under section 1521, 1541, or 1542 of this title, the Secretary*—
may require from any person who is an applicant for or a recipient of pension such information, proofs, and evidence as the Secretary determines to be necessary in order to determine the annual income and the value of the corpus of the estate of such person, and of any spouse* or child* for whom the person is receiving or is to receive increased pension (such a child is hereinafter in this subsection referred to as a “dependent child”), and, in the case of a child applying for or in receipt of pension under section 1542 of this title (hereinafter in this subsection referred to as a “surviving child”), of any person with whom such child is residing who is legally responsible for such child’s support;
may require that any such applicant or recipient file for a calendar year with the Department* (on such form as may be prescribed for such purpose by the Secretary) a report showing—
the annual income which such applicant or recipient (and any such spouse or dependent child) received during the preceding year, the corpus of the estate of such applicant or recipient (and of any such spouse or dependent child) at the end of such year, and in the case of a surviving child, the income and corpus of the estate of any person with whom such child is residing who is legally responsible for such child’s support;
such applicant’s or recipient’s estimate for the then current year of the annual income such applicant or recipient (and any such spouse or dependent child) expects to receive and of any expected increase in the value of the corpus of the estate of such applicant or recipient (and for any such spouse or dependent child); and
in the case of a surviving child, an estimate for the then current year of the annual income of any person with whom such child is residing who is legally responsible for such child’s support and of any expected increase in the value of the corpus of the estate of such person;
shall require that any such applicant or recipient promptly notify the Secretary whenever there is a material change in the annual income of such applicant or recipient (or of any such spouse or dependent child) or a material change in the value of the corpus of the estate of such applicant or recipient (or of any such spouse or dependent child), and in the case of a surviving child, a material change in the annual income or value of the corpus of the estate of any person with whom such child is residing who is legally responsible for such child’s support; and
shall require that any such applicant or recipient applying for or in receipt of increased pension on account of a person who is a spouse or child of such applicant or recipient promptly notify the Secretary if such person ceases to meet the applicable definition of spouse or child.
Source credit: (Added Pub. L. 86–211, § 2(b), Aug. 29, 1959, 73 Stat. 432, § 506; amended Pub. L. 88–664, § 2, Oct. 13, 1964, 78 Stat. 1094; Pub. L. 91–588, § 6, Dec. 24, 1970, 84 Stat. 1584; Pub. L. 94–169, title I, § 106(12)–(14), Dec. 23, 1975, 89 Stat. 1017; Pub. L. 95–588, title I, § 103, Nov. 4, 1978, 92 Stat. 2498; Pub. L. 96–466, title VI, § 605(c)(2), Oct. 17, 1980, 94 Stat. 2211; renumbered § 1506 and amended Pub. L. 102–83, §§ 4(a)(3), (4), (b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404–406; Pub. L. 103–271, § 9(b), July 1, 1994, 108 Stat. 743.)
- 1959Enacted · Pub. L. 86-211 · 73 Stat. 432
- 1964Amended · Pub. L. 88-664 · 78 Stat. 1094
- 1970Amended · Pub. L. 91-588 · 84 Stat. 1584
- 1975Amended · Pub. L. 94-169 · 89 Stat. 1017
- 1978Amended · Pub. L. 95-588 · 92 Stat. 2498
- 1980Amended · Pub. L. 96-466 · 94 Stat. 2211
- 1991Amended · Pub. L. 102-83 · 105 Stat. 404
- 1994Amended · Pub. L. 103-271 · 108 Stat. 743
A history note hasn’t been published yet. The record shows enactment by Pub. L. 86-211 on 1959-08-29.
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