38 U.S.C. § 1815 — Monetary allowance
submitted 26 years ago by Pub. L. 106-419 to r/title-38-VETERANS-BENEFITS · 379 words · no verdicts yet
The Secretary must pay an eligible child a monthly allowance for a disability caused by the child's covered birth defects. The amount depends on one of four disability levels and is subject to specified minimums and later adjustments.
(a) Monetary allowance. The Secretary* must pay a monthly allowance to an eligible child* for any disability resulting from the child's covered birth defects.
(b) Schedule for rating disabilities. (1) The monthly amount depends on the child's degree of disability, as determined under a schedule for rating disabilities resulting from covered birth defects that the Secretary prescribes. (2) The Secretary must establish four disability levels in that schedule. The levels may consider functional limits, including limits on thinking, communication, movement, daily activities, and ability to work.
(c) Amount of monthly allowance. (1) For a child* at the lowest level, the amount is $100. (2) For a child at the lower intermediate level, the amount is the greater of $214 or the monthly amount payable under section 1805(b)(3) of this title for that section's lowest disability level. (3) For a child at the higher intermediate level, the amount is the greater of $743 or the monthly amount payable under section 1805(b)(3) for that section's intermediate disability level. (4) For a child at the highest level, the amount is the greater of $1,272 or the monthly amount payable under section 1805(b)(3) for that section's highest disability level.
(d) Indexing to Social Security benefit increases. The amounts in paragraphs (1), (2)(A), (3)(A), and (4)(A) of subsection (c) must be adjusted from time to time under section 5312 of this title.
The Secretary* shall pay a monthly allowance to any eligible child* for any disability resulting from the covered birth defects of that child*.
The amount of the monthly allowance paid under this section shall be based on the degree of disability suffered by the child concerned, as determined in accordance with a schedule for rating disabilities resulting from covered birth defects that is prescribed by the Secretary.
In prescribing a schedule for rating disabilities for the purposes of this section, the Secretary shall establish four levels of disability upon which the amount of the allowance provided by this section shall be based. The levels of disability established may take into account functional limitations, including limitations on cognition, communication, motor abilities, activities of daily living, and employability.
The amount of the monthly allowance paid under this section shall be as follows:
In the case of a child suffering from the lowest level of disability prescribed in the schedule for rating disabilities under subsection (b), $100.
In the case of a child suffering from the lower intermediate level of disability prescribed in the schedule for rating disabilities under subsection (b), the greater of—
$214; or
the monthly amount payable under section 1805(b)(3) of this title for the lowest level of disability prescribed for purposes of that section.
In the case of a child suffering from the higher intermediate level of disability prescribed in the schedule for rating disabilities under subsection (b), the greater of—
$743; or
the monthly amount payable under section 1805(b)(3) of this title for the intermediate level of disability prescribed for purposes of that section.
In the case of a child suffering from the highest level of disability prescribed in the schedule for rating disabilities under subsection (b), the greater of—
$1,272; or
the monthly amount payable under section 1805(b)(3) of this title for the highest level of disability prescribed for purposes of that section.
Amounts under paragraphs (1), (2)(A), (3)(A), and (4)(A) of subsection (c) shall be subject to adjustment from time to time under section 5312 of this title.
Source credit: (Added Pub. L. 106–419, title IV, § 401(a), Nov. 1, 2000, 114 Stat. 1858.)
- 2000Enacted · Pub. L. 106-419 · 114 Stat. 1858
A history note hasn’t been published yet. The record shows enactment by Pub. L. 106-419 on 2000-11-01.
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