§ 1506. Resource reports and overpayment adjustments

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1959

   Veterans’ Pension Act of 1959

   Pub. L. 86–211 § 2(b) · 73 Stat. 432

   Enacted · 38 U.S.C. § 1506

   Added Pub. L. 86–211, § 2(b), Aug. 29, 1959, 73 Stat. 432, § 506

   Source evidence

   Code source credit
   Added Pub. L. 86–211, § 2(b), Aug. 29, 1959, 73 Stat. 432, § 506

   Enacted provision · exact public law section
   (b) Subchapter I of chapter 15 of title 38, United States Code, is amended by adding at the end thereof the following: “§ 506. Resource reports and overpayment adjustments “(a) As a condition of granting or continuing pension under sections 521, 541, or 542 of this title, the Administrator— 72 Stat. 1136, 1138. “(1) may require from any person applying for, or in receipt of, pension thereunder such information, proofs, or evidence as he desires in order to determine the annual income and the corpus of the estate of such person; “(2) shall require that any such person file each year with the Veterans’ Administration (on the form prescribed by him) a report showing the total income which he received during the preceding year, the corpus of his estate at the end of that year, and his estimate for the then current year of the total income he expects to receive and of any expected increase in the corpus of his estate; and “(3) shall require that any such person promptly file a revised report whenever there is a material change in his estimated annual income or a material change in his estimate of the corpus of his estate. “(b) If there is an overpayment of pension under section 521, 541, or 542 of this title, the amount thereof shall be deducted (unless waived) from any future payments made thereunder to the person concerned.”

2. 1964

   Pub. L. 88–664 § 2 · 78 Stat. 1094

   Inserted · 38 U.S.C. § 1506(a)(2)

   Pub. L. 88–664 inserted “, other than a child,” after “person”

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 88–664 inserted “, other than a child,” after “person”.

   Enacted provision · exact public law section
   Sec. 2. Section 506(a)(2), title 38, United States Code, is amended by inserting “, other than a child,” immediately after “person”.

3. 1970

   Pub. L. 91–588 § 6 · 84 Stat. 1580

   Changed · 38 U.S.C. § 1506(a)(2)

   Pub. L. 91–588 exempted from filing requirements of this section any person who has attained 72 years of age and has been paid a pension under sections 521, 541, or 542 of this title during two consecutive calendar years

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 91–588 exempted from filing requirements of this section any person who has attained 72 years of age and has been paid a pension under sections 521, 541, or 542 of this title during two consecutive calendar years.

   Enacted provision · exact public law section
   Sec. 6. Section 506 (a)(2) of title 38, United States Code, is amended by striking out the comma after “child” and inserting in lieu thereof “or a person who has attained seventy-two years of age and has been paid pension thereunder during two consecutive calendar years,”.

4. 1975

   Veterans and Survivors Pension Interim Adjustment Act of 1975

   Pub. L. 94–169 title I § 106(12) · 89 Stat. 1013

   1. Substituted · 38 U.S.C. § 1506(a)

      Pub. L. 94–169 substituted “the Administrator” for “he” wherever appearing, in par. (3)

   2. Substituted · 38 U.S.C. § 1506(a)

      Pub. L. 94–169 substituted “the Administrator” for “him” wherever appearing, in par. (3)

   3. Substituted · 38 U.S.C. § 1506(a)

      Pub. L. 94–169 substituted “such person” for “he” wherever appearing, in par. (3)

   4. Substituted · 38 U.S.C. § 1506(a)

      Pub. L. 94–169 substituted “such person’s” for “his” wherever appearing, in par. (3)

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 94–169 substituted “the Administrator” for “he” in par. (1), “the Administrator” for “him”, “such person” for “he” and “such person’s” for “his” wherever appearing, in par. (2), and “such person’s” for “his” wherever appearing, in par. (3).

   Enacted provision · exact public law section
   (12) by striking out in section 506(a)(1) “he” and inserting in lieu thereof “the Administrator”;

5. 1978

   Veterans’ and Survivors’ Pension Improvement Act of 1978

   Pub. L. 95–588 title I § 103 · 92 Stat. 2497

   1. Inserted · 38 U.S.C. § 1506(a)

      Pub. L. 95–588 inserted provision authorizing the Administrator to consider the income of a spouse or child prior to granting a pension in par. (1)

   2. Struck · 38 U.S.C. § 1506(a)

      Pub. L. 95–588 struck out exclusion from filing report for a child or person of 72 years of age or more who has been paid a pension for two consecutive years in par. (2), required changes in income of spouse or dependent child be included in the necessary revised income report in par. (3)

   3. Added · 38 U.S.C. § 1506(a)

      Pub. L. 95–588 added par. (4)

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 95–588 inserted provision authorizing the Administrator to consider the income of a spouse or child prior to granting a pension in par. (1), struck out exclusion from filing report for a child or person of 72 years of age or more who has been paid a pension for two consecutive years in par. (2), required changes in income of spouse or dependent child be included in the necessary revised income report in par. (3), and added par. (4).

   Enacted provision · exact public law section
   Sec. 103. income and net worth reports Subsection (a) of section 506 of title 38, United States Code, is amended to read as follows: “(a) As a condition of granting or continuing pension under section Condition. Post, pp. 2500, 2503, 2504. 521, 541, or 542 of this title, the Administrator— “(1) may require from any person who is an applicant for or a recipient of pension such information, proofs, and evidence as the Administrator 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 542 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; “(2) shall require that any such applicant or recipient file each year with the Veterans’ Administration (on such form as may be prescribed for such purpose by the Administrator) a report showing— “(A) 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; “(B) 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 “(C) 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; “(3) shall require that any such applicant or recipient promptly file a revised report whenever there is a material change in the estimated annual income of such applicant or recipient (or of any such spouse or dependent child) or a material change in such applicant’s or recipient’s estimate of 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 estimated 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 “(4) shall require that any such applicant or recipient applying Notification. 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 Administrator if such person ceases to meet the applicable definition of spouse or child.”

6. 1980

   Veterans’ Rehabilitation and Education Amendments of 1980

   Pub. L. 96–466 title VI § 605(c)(2) · 94 Stat. 2171

   1. Struck · 38 U.S.C. § 1506

      Pub. L. 96–466 struck out “(a)” before “As a condition”

   2. Struck · 38 U.S.C. § 1506

      Pub. L. 96–466 struck out subsec. (b) which provided that in the event of an overpayment of pension under section 521, 541, or 542 of this title, the amount thereof be deducted (unless waived) from any future payments made thereunder to the person concerned

   Source evidence

   Code amendment note
   Pub. L. 96–466 struck out “(a)” before “As a condition” and struck out subsec. (b) which provided that in the event of an overpayment of pension under section 521, 541, or 542 of this title, the amount thereof be deducted (unless waived) from any future payments made thereunder to the person concerned.

   Enacted provision · exact public law section
   (2) Section 506 is amended by striking out “(a)” at the beginning of 38 USC 506. subsection (a) and striking out subsection (b).

   Effective date note
   Amendment by Pub. L. 96–466 effective Oct. 1, 1980, except as otherwise specifically provided, see section 802(f) of Pub. L. 96–466, set out as a note under section 5314 of this title.

7. 1991

   Pub. L. 102–83 § 5(a) · 105 Stat. 378

   Changed · 38 U.S.C. § 1506

   Pub. L. 102–83, § 5(a), renumbered section 506 of this title as this section

   Source evidence

   Code amendment note
   Pub. L. 102–83, § 5(a), renumbered section 506 of this title as this section.

   Enacted provision · exact public law section
   (a) Redesignation of Sections to Conform to Chapter Numbers.— Each section contained in any of chapters 11 through 23 is redesignated by replacing the first digit of the section number with the number of the chapter containing that section. Each section contained in any of chapters 24 through 42 is redesignated so that the first two digits of the section number of that section are the same as the chapter number of the chapter containing that section.

8. 1991

   Pub. L. 102–83 § 5(c)(1) · 105 Stat. 378

   1. Substituted · 38 U.S.C. § 1506

      Pub. L. 102–83, § 5(c)(1), substituted “1521, 1541, or 1542” for “521, 541, or 542” in par. (1)

   2. Substituted · 38 U.S.C. § 1506

      Pub. L. 102–83, § 5(c)(1), substituted “1542” for “542” in par. (1)

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 102–83, § 5(c)(1), substituted “1521, 1541, or 1542” for “521, 541, or 542” in introductory provisions and “1542” for “542” in par. (1).

   Enacted provision · exact public law section
   (1) Each provision of title 38, United States Code, that contains a reference to a section redesignated by subsection (a) is amended so that the reference refers to the section as redesignated.

9. 1991

   Pub. L. 102–83 § 4(b)(1) · 105 Stat. 378

   Substituted · 38 U.S.C. § 1506

   Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in introductory provisions and pars. (1), (2), and (4)

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in introductory provisions and pars. (1), (2), and (4).

   Enacted provision · exact public law section
   (1) Title 38 is further amended by striking out “Administrator” and “Administrator’s” each place they appear (except as provided in paragraphs (2) and (9) and including where they appear in section headings and tables of sections) and inserting in lieu thereof “Secretary” and “Secretary’s”, respectively.

10. 1991

    Pub. L. 102–83 § 4(a)(3) · 105 Stat. 378

    Substituted · 38 U.S.C. § 1506

    Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration” in par. (2) introductory provisions

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration” in par. (2) introductory provisions.

    Enacted provision · exact public law section
    (3) Such title is further amended by striking out “Veterans’ Administration” each place it appears (other than as amended under paragraphs (1) and (2) and as specified in paragraph (4)) and inserting in lieu thereof “Department”.

11. 1994

    Board of Veterans’ Appeals Administrative Procedures Improvement Act of 1994

    Pub. L. 103–271 § 9(b)(1) · 108 Stat. 740

    1. Substituted · 38 U.S.C. § 1506(2)

       Pub. L. 103–271, § 9(b)(1), substituted “may require” for “shall require” in introductory provisions

    2. Substituted · 38 U.S.C. § 1506(2)

       Pub. L. 103–271, § 9(b)(1), substituted “file for a calendar year” for “file each year” in introductory provisions

    Source evidence

    Code amendment note
    Par. (2). Pub. L. 103–271, § 9(b)(1), substituted “may require” for “shall require” and “file for a calendar year” for “file each year” in introductory provisions.

    Enacted provision · exact public law section
    (1) in paragraph (2)— (A) by striking out “shall” and inserting in lieu thereof “may”; and (B) by striking out “each year” and inserting in lieu thereof “for a calendar year”; and

12. 1994

    Board of Veterans’ Appeals Administrative Procedures Improvement Act of 1994

    Pub. L. 103–271 § 9(b)(2) · 108 Stat. 740

    1. Substituted · 38 U.S.C. § 1506(3)

       Pub. L. 103–271, § 9(b)(2), substituted “notify the Secretary” for “file a revised report”

    2. Struck · 38 U.S.C. § 1506(3)

       Pub. L. 103–271, § 9(b)(2), struck out “estimated” before “annual income” in two places

    3. Struck · 38 U.S.C. § 1506(3)

       Pub. L. 103–271, § 9(b)(2), struck out “such applicant’s or recipient’s estimate of” before “the value of the corpus of the estate of such applicant”

    Source evidence

    Code amendment note
    Par. (3). Pub. L. 103–271, § 9(b)(2), substituted “notify the Secretary” for “file a revised report”, struck out “estimated” before “annual income” in two places, and struck out “such applicant’s or recipient’s estimate of” before “the value of the corpus of the estate of such applicant”.

    Enacted provision · exact public law section
    (2) in paragraph (3)— (A) by striking out “file a revised report” and inserting in lieu thereof “notify the Secretary”; (B) by striking out “estimated” each place it appears; and (C) by striking out “such applicant’s or recipient’s estimate of”.

22 of 22 references resolved to an enrolled provision