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Title 38 — Veterans’ Benefits

Part II · Chapter 15 — Pension for Non-Service-Connected Disability or Death or for Service

§ 1522. Net worth limitation

Statutory text

(a)

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.

(b)

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.

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. Pub. L. 85–857 · 72 Stat. 1105

    Enacted · 38 U.S.C. § 1522

    Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1136, § 522

    Source evidence

    Code source credit
    Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1136, § 522

  2. Veterans’ Pension Act of 1959

    Pub. L. 86–211 § 3(b) · 73 Stat. 432

    Substituted · 38 U.S.C. § 1522

    Pub. L. 86–211 substituted provisions requiring the denial or discontinuance of payment of pension when the corpus of the veteran’s estate is such that under all the circumstances, including consideration of the veteran’s income, it is reasonable that some part of the corpus be consumed for the veteran’s maintenance for provisions which prohibited the payment of a pension to any unmarried veteran whose annual income exceeds $1,400 or to any married veteran or any veteran with children whose annual income exceeds $2,700

    Source evidence

    Code amendment note
    Pub. L. 86–211 substituted provisions requiring the denial or discontinuance of payment of pension when the corpus of the veteran’s estate is such that under all the circumstances, including consideration of the veteran’s income, it is reasonable that some part of the corpus be consumed for the veteran’s maintenance for provisions which prohibited the payment of a pension to any unmarried veteran whose annual income exceeds $1,400 or to any married veteran or any veteran with children whose annual income exceeds $2,700.

    Enacted provision · exact public law section
    (b) Section 522 of title 38, United States Code, is amended to read as follows: “§ 522. Net worth limitation “The Administrator shall deny or discontinue payment of pension under section 521 of this title when the corpus of the veteran’s estate is such that under all the circumstances, including consideration of the veteran’s income, it is reasonable that some part of the corpus be consumed for the veteran’s maintenance.”

  3. Veterans’ and Survivors’ Pension Improvement Act of 1978

    Pub. L. 95–588 title I § 107 · 92 Stat. 2497

    1. Amended · 38 U.S.C. § 1522

      Pub. L. 95–588 designated existing provisions as subsec. (a)

    2. Inserted · 38 U.S.C. § 1522

      Pub. L. 95–588 inserted provisions relating to consideration of the income and estates of the spouse and children of an eligible veteran

    3. Added · 38 U.S.C. § 1522

      Pub. L. 95–588 added subsec. (b)

    Source evidence

    Code amendment note
    Pub. L. 95–588 designated existing provisions as subsec. (a), inserted provisions relating to consideration of the income and estates of the spouse and children of an eligible veteran, and added subsec. (b).

    Enacted provision · exact public law section
    Sec. 107. veterans’ net worth limitation Section 522 of title 38, United States Code, is amended to read as follows: “§ 522. Net worth limitation “(a) The Administrator shall deny or discontinue the payment of Pension payments, denial or discontinuation. Ante, p. 2500. pension to a veteran under section 521 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. “(b) The Administrator shall deny or discontinue the payment of increased pension under subsection (c), (d), (e), or (f) of section 521 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 the 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.”.

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

    Changed · 38 U.S.C. § 1522

    Pub. L. 102–83, § 5(a), renumbered section 522 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 102–83, § 5(a), renumbered section 522 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.

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

    Substituted · 38 U.S.C. § 1522

    Pub. L. 102–83, § 5(c)(1), substituted “1521” for “521” in subsecs. (a) and (b)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–83, § 5(c)(1), substituted “1521” for “521” in subsecs. (a) and (b).

    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.

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

    Substituted · 38 U.S.C. § 1522

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

    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 subsecs. (a) and (b).

    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.

  7. Veterans Education and Benefits Expansion Act of 2001

    Pub. L. 107–103 title II § 207(b)(2) · 115 Stat. 976

    Inserted · 38 U.S.C. § 1522(a)

    Pub. L. 107–103 inserted “1513 or” before “1521 of this title”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 107–103 inserted “1513 or” before “1521 of this title”.

    Enacted provision · exact public law section
    (2) Section 1522(a) is amended by inserting “1513 or” after “under section”.

    Effective date note
    Amendment by Pub. L. 107–103 effective Sept. 17, 2001, see section 207(c) of Pub. L. 107–103, set out as an Effective Date note under section 1513 of this title.

8 of 9 references resolved to an enrolled provision · 1 partial

Editorial Notes

Amendments1959–2001 · 4 rounds

2001

Subsec. (a). Pub. L. 107–103 inserted “1513 or” before “1521 of this title”.

1991

Pub. L. 102–83, § 5(a), renumbered section 522 of this title as this section.

Pub. L. 102–83, § 5(c)(1), substituted “1521” for “521” in subsecs. (a) and (b).

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

1978

Pub. L. 95–588 designated existing provisions as subsec. (a), inserted provisions relating to consideration of the income and estates of the spouse and children of an eligible veteran, and added subsec. (b).

1959

Pub. L. 86–211 substituted provisions requiring the denial or discontinuance of payment of pension when the corpus of the veteran’s estate is such that under all the circumstances, including consideration of the veteran’s income, it is reasonable that some part of the corpus be consumed for the veteran’s maintenance for provisions which prohibited the payment of a pension to any unmarried veteran whose annual income exceeds $1,400 or to any married veteran or any veteran with children whose annual income exceeds $2,700.

Statutory Notes and Related Subsidiaries

Effective Date of 2001 Amendment

Amendment by Pub. L. 107–103 effective , see section 207(c) of Pub. L. 107–103, set out as an Effective Date note under section 1513 of this title.

Effective Date of 1978 Amendment

Amendment by Pub. L. 95–588 effective , see section 401 of Pub. L. 95–588, set out as a note under section 101 of this title.

Effective Date of 1959 Amendment

Amendment by Pub. L. 86–211 effective , see section 10 of Pub. L. 86–211, set out as an Effective Date note under section 1521 of this title.

Credits

1958–2001 · 5 acts
  1. 1958Pub. L. 85–857, , 72 Stat. 1136, § 522
  2. 1959Pub. L. 86–211, § 3(b), , 73 Stat. 434
  3. 1978Pub. L. 95–588, title I, § 107, , 92 Stat. 2502
  4. 1991renumbered § 1522 and amended Pub. L. 102–83, §§ 4(b)(1), (2)(E), 5(a), (c)(1), , 105 Stat. 404–406
  5. 2001Pub. L. 107–103, title II, § 207(b)(2), , 115 Stat. 991.
Show as published

(Pub. L. 85–857, , 72 Stat. 1136, § 522; Pub. L. 86–211, § 3(b), , 73 Stat. 434; Pub. L. 95–588, title I, § 107, , 92 Stat. 2502; renumbered § 1522 and amended Pub. L. 102–83, §§ 4(b)(1), (2)(E), 5(a), (c)(1), , 105 Stat. 404–406; Pub. L. 107–103, title II, § 207(b)(2), , 115 Stat. 991.)

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