§ 1834. Nonduplication of benefits

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. 2000

   Veterans Benefits and Health Care Improvement Act of 2000

   Pub. L. 106–419 title IV § 401(b) · 114 Stat. 1822

   Enacted · 38 U.S.C. § 1834

   Added Pub. L. 106–419, title IV, § 401(b), Nov. 1, 2000, 114 Stat. 1860, § 1824

   Source evidence

   Code source credit
   Added Pub. L. 106–419, title IV, § 401(b), Nov. 1, 2000, 114 Stat. 1860, § 1824

   Enacted provision · exact public law section
   (b) Consolidation of Provisions Applicable to Both Subchapters.— Chapter 18 is further amended by adding after subchapter II, as added by subsection (a), the following new subchapter: “SUBCHAPTER III— GENERAL PROVISIONS “§ 1821. Definitions “In this chapter: “(1) The term ‘child’ means an individual, regardless of age or marital status, who— “(A) is the natural child of a Vietnam veteran; and “(B) was conceived after the date on which that veteran first entered the Republic of Vietnam during the Vietnam era. “(2) The term ‘Vietnam veteran’ means an individual who performed active military, naval, or air service in the Republic of Vietnam during the Vietnam era, without regard to the characterization of that individual’s service. “(3) The term Vietnam era' with respect to— “(A) subchapter I of this chapter, means the period beginning on January 9, 1962, and ending on May 7, 1975; and “(B) subchapter II of this chapter, means the period beginning on February 28, 1961, and ending on May 7, 1975. “§ 1822. Applicability of certain administrative provisions “(a) Applicability of Certain Provisions Relating to Compensation.— The provisions of this title specified in subsection (b) apply with respect to benefits and assistance under this chapter in the same manner as those provisions apply to compensation paid under chapter 11 of this title. “(b) Specified Provisions.— The provisions of this title referred to in subsection (a) are the following: “(1) Section 5101(c). “(2) Subsections (a), (b)(2), (g), and (i) of section 5110. “(3) Section 5111. “(4) Subsection (a) and paragraphs (1), (6), (9), and (10) of subsection (b) of section 5112. “§ 1823. Treatment of receipt of monetary allowance and other benefits “(a) Coordination With Other Benefits Paid to the recipient.— Notwithstanding any other provision of law, receipt by an individual of a monetary allowance under this chapter shall not impair, infringe, or otherwise affect the right of the individual to receive any other benefit to which the individual is otherwise entitled under any law administered by the Secretary. “(b) Coordination With Benefits Based on Relationship of recipients.— Notwithstanding any other provision of law, receipt by an individual of a monetary allowance under this chapter shall not impair, infringe, or otherwise affect the right of any other individual to receive any benefit to which such other individual is entitled under any law administered by the Secretary based on the relationship of such other individual to the individual who receives such monetary allowance. “(c) Monetary Allowance Not To Be Considered as Income or Resources for Certain Purposes.— Notwithstanding any other provision of law, a monetary allowance paid an individual under this chapter shall not be considered as income or resources in determining eligibility for, or the amount of benefits under, any Federal or federally assisted program. “§ 1824. Nonduplication of benefits “(a) Monetary Allowance.— In the case of an eligible child under subchapter II of this chapter whose only covered birth defect is spina bifida, a monetary allowance shall be paid under subchapter I of this chapter. In the case of an eligible child under subchapter II of this chapter who has spina bifida and one or more additional covered birth defects, a monetary allowance shall be paid under subchapter II of this chapter. “(b) Vocational Rehabilitation.— An individual may only be provided one program of vocational training under this chapter”.

2. 2003

   Veterans Benefits Act of 2003

   Pub. L. 108–183 § 102(a)(1) · 117 Stat. 2651

   Changed · 38 U.S.C. § 1834

   Pub. L. 108–183, § 102(a)(1), renumbered section 1824 of this title as this section

   Source evidence

   Code amendment note
   Pub. L. 108–183, § 102(a)(1), renumbered section 1824 of this title as this section.

   Enacted provision · exact public law section
   (1) by redesignating subchapter III, and sections 1821, 1822, 1823, and 1824, as subchapter IV, and sections 1831, 1832, 1833, and 1834, respectively; and

3. 2003

   Veterans Benefits Act of 2003

   Pub. L. 108–183 § 102(c) · 117 Stat. 2651

   Inserted · 38 U.S.C. § 1834(a)

   Pub. L. 108–183, § 102(c), inserted at end: “In the case of a child eligible for benefits under subchapter I or II of this chapter who is also eligible for benefits under subchapter III of this chapter, a monetary allowance shall be paid under the subchapter of this chapter elected by the child.”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 108–183, § 102(c), inserted at end: “In the case of a child eligible for benefits under subchapter I or II of this chapter who is also eligible for benefits under subchapter III of this chapter, a monetary allowance shall be paid under the subchapter of this chapter elected by the child.”

   Enacted provision · exact public law section
   (c) Nonduplication of Benefits.— Subsection (a) of section 1834, as redesignated by subsection (a) of this section, is amended by adding at the end the following new sentence: “In the case of a child eligible for benefits under subchapter I or II of this chapter who is also eligible for benefits under subchapter III of this chapter, a monetary allowance shall be paid under the subchapter of this chapter elected by the child.”.

3 of 3 references resolved to an enrolled provision