Title 38 — Veterans’ Benefits
Part III · Chapter 35 — Survivors’ and Dependents’ Educational Assistance
§ 3562. Nonduplication of benefits
Statutory text
The commencement of a program of education or special restorative training under this chapter shall be a bar (1) to subsequent payments of compensation, dependency and indemnity compensation, or pension based on the death of a parent to an eligible person over the age of eighteen by reason of pursuing a course in an educational institution, or (2) to increased rates, or additional amounts, of compensation, dependency and indemnity compensation, or pension because of such a person whether eligibility is based upon the death or upon the total permanent disability of the parent.
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.
Pub. L. 85–857 · 72 Stat. 1105
Enacted · 38 U.S.C. § 3562
Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1201, § 1762
Source evidence
Code source credit
Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1201, § 1762Pub. L. 88–361 § 4 · 78 Stat. 297
Inserted · 38 U.S.C. § 3562(a)
Pub. L. 88–361 inserted “whether eligibility is based upon the death or upon the total permanent disability of the parent”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 88–361 inserted “whether eligibility is based upon the death or upon the total permanent disability of the parent”.Enacted provision · exact public law section
Sec. 4. Section 1762(a) of title 38, United States Code, is amended by adding the following clause before the period at the end thereof: “whether eligibility is based upon the death or upon the total permanent disability of the parent”.Veterans
Pub. L. 89–358 § 3(a)(2) · 80 Stat. 12
Redesignated · 38 U.S.C. § 3562
Pub. L. 89–358 redesignated former subsec. (a) as the entire section and deleted former subsec. (b) which prohibited payment of educational assistance allowance or special training allowance on behalf of any eligible person for any period paid for under other provision of law where the payment would constitute a duplication of benefits and which is now incorporated in section 1781 of this title
Source evidence
Code amendment note
Pub. L. 89–358 redesignated former subsec. (a) as the entire section and deleted former subsec. (b) which prohibited payment of educational assistance allowance or special training allowance on behalf of any eligible person for any period paid for under other provision of law where the payment would constitute a duplication of benefits and which is now incorporated in section 1781 of this title.Enacted provision · exact public law section
(2) deleting in section 1762, “(a)” and subsection (b) in its entirety;Pub. L. 102–83 § 5(a) · 105 Stat. 378
Changed · 38 U.S.C. § 3562
Pub. L. 102–83 renumbered section 1762 of this title as this section
Source evidence
Code amendment note
Pub. L. 102–83 renumbered section 1762 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.
3 of 4 references resolved to an enrolled provision · 1 partial
Editorial Notes
Amendments1964–1991 · 3 rounds
1991
Pub. L. 102–83 renumbered section 1762 of this title as this section.
1966
Pub. L. 89–358 redesignated former subsec. (a) as the entire section and deleted former subsec. (b) which prohibited payment of educational assistance allowance or special training allowance on behalf of any eligible person for any period paid for under other provision of law where the payment would constitute a duplication of benefits and which is now incorporated in section 1781 of this title.
1964
Subsec. (a). Pub. L. 88–361 inserted “whether eligibility is based upon the death or upon the total permanent disability of the parent”.
Credits
1958–1991 · 4 acts
- 1958Pub. L. 85–857, , 72 Stat. 1201, § 1762
- 1964Pub. L. 88–361, § 4, , 78 Stat. 298
- 1966Pub. L. 89–358, § 3(a)(2), , 80 Stat. 20
- 1991renumbered § 3562, Pub. L. 102–83, § 5(a), , 105 Stat. 406.
Show as published
(Pub. L. 85–857, , 72 Stat. 1201, § 1762; Pub. L. 88–361, § 4, , 78 Stat. 298; Pub. L. 89–358, § 3(a)(2), , 80 Stat. 20; renumbered § 3562, Pub. L. 102–83, § 5(a), , 105 Stat. 406.)