§ 5105. Joint applications for social security and dependency and indemnity compensation

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. 1958

   Pub. L. 85–857 · 72 Stat. 1105

   Enacted · 38 U.S.C. § 5105

   Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1226, § 3005

   Source evidence

   Code source credit
   Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1226, § 3005

2. 1982

   Pub. L. 97–295 § 4(95)(A) · 96 Stat. 1287

   Substituted · 38 U.S.C. § 5105

   Pub. L. 97–295 substituted “Health and Human Services” for “Health, Education, and Welfare” wherever appearing

   Source evidence

   Code amendment note
   Pub. L. 97–295 substituted “Health and Human Services” for “Health, Education, and Welfare” wherever appearing.

   Enacted provision · exact public law section
   (A) The following sections are amended by striking out 38 USC 101, 422, 612, 616, 774, 2014, 3001, 3005, 5053, 5056. “Health, Education, and Welfare” wherever it appears and substituting “Health and Human Services”: 101(25)(E), 422 (a) and (b), 612(j), 616, 774, 2014(c), 3001(a), 3005, 5053(d)(1), and 5056.

3. 1983

   Veterans’ Health Care Amendments of 1983

   Pub. L. 98–160 title VII § 702(16) · 97 Stat. 993

   Substituted · 38 U.S.C. § 5105

   Pub. L. 98–160 substituted “title II of the Social Security Act (42 U.S.C. 401 et seq.)” for “subchapter II of chapter 7 of title 42” wherever appearing

   Source evidence

   Code amendment note
   Pub. L. 98–160 substituted “title II of the Social Security Act (42 U.S.C. 401 et seq.)” for “subchapter II of chapter 7 of title 42” wherever appearing.

   Enacted provision · exact public law section
   (16) Section 3005 is amended by striking out “subchapter II of chapter 7 of title 42” each place it appears and inserting in lieu thereof “title II of the Social Security Act (42 U.S.C. 401 et seq.)”.

4. 1991

   Department of Veterans Affairs Health-Care Personnel Act of 1991

   Pub. L. 102–40 § 402(b)(1) · 105 Stat. 187

   Changed · 38 U.S.C. § 5105

   Pub. L. 102–40, § 402(b)(1), renumbered section 3005 of this title as this section

   Source evidence

   Code amendment note
   Pub. L. 102–40, § 402(b)(1), renumbered section 3005 of this title as this section.

   Enacted provision · exact public law section
   (1) Each section contained in any of chapters 51, 53, 55, 57, 59, 61, 71, 72, 76, 78 (as redesignated by subsection (a)), 81, 83, and 85 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. 1991

   Pub. L. 102–83 § 4(b)(9)(A) · 105 Stat. 378

   1. Substituted · 38 U.S.C. § 5105(a)

      Pub. L. 102–83, § 4(b)(9)(A)–(C), substituted “(a) The Secretary” for “The Administrator” at the beginning of text

   2. Substituted · 38 U.S.C. § 5105(a)

      Pub. L. 102–83, § 4(b)(9)(A)–(C), substituted “401 et seq.).” for “401 et seq.); and” in second sentence

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 102–83, § 4(b)(9)(A)–(C), substituted “(a) The Secretary” for “The Administrator” at the beginning of text and substituted “401 et seq.).” for “401 et seq.); and” in second sentence.

   Enacted provision · exact public law section
   (A) by inserting “(a)” at the beginning of the text of the section;

6. 1991

   Pub. L. 102–83 § 4(b)(9)(D) · 105 Stat. 378

   1. Substituted · 38 U.S.C. § 5105(b)

      Pub. L. 102–83, § 4(b)(9)(D)–(J), substituted “(b) When an application on such a form is filed with either the Secretary” for “when an application on such form has been filed with either the Administrator”

   2. Substituted · 38 U.S.C. § 5105(b)

      Pub. L. 102–83, § 4(b)(9)(D)–(J), substituted “filed with either Secretary” for “filed with the Administrator”

   3. Substituted · 38 U.S.C. § 5105(b)

      Pub. L. 102–83, § 4(b)(9)(D)–(J), substituted “received by that Secretary” for “received by the Administrator”

   4. Substituted · 38 U.S.C. § 5105(b)

      Pub. L. 102–83, § 4(b)(9)(D)–(J), substituted “needed by the other Secretary” for “needed by the Secretary”

   5. Substituted · 38 U.S.C. § 5105(b)

      Pub. L. 102–83, § 4(b)(9)(D)–(J), substituted “by the Secretary receiving the application to the other Secretary.” for “by the Administrator to the Secretary;”

   6. Struck · 38 U.S.C. § 5105(b)

      Pub. L. 102–83, § 4(b)(9)(D)–(J), struck out “and a copy of each such application filed with the Secretary, together with any additional information and supporting documents (or certifications thereof) which may have been received by the Secretary with such form, and which may be needed by the Administrator in connection therewith, shall be transmitted by the Secretary to the Administrator.” before “The preceding sentence”

   7. Substituted · 38 U.S.C. § 5105(b)

      Pub. L. 102–83, § 4(b)(9)(D)–(J), substituted “the Secretary and the Secretary of Health and Human Services” for “the Secretary and the Administrator”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 102–83, § 4(b)(9)(D)–(J), substituted “(b) When an application on such a form is filed with either the Secretary” for “when an application on such form has been filed with either the Administrator”, “filed with either Secretary” for “filed with the Administrator”, “received by that Secretary” for “received by the Administrator”, “needed by the other Secretary” for “needed by the Secretary”, and “by the Secretary receiving the application to the other Secretary.” for “by the Administrator to the Secretary;”, struck out “and a copy of each such application filed with the Secretary, together with any additional information and supporting documents (or certifications thereof) which may have been received by the Secretary with such form, and which may be needed by the Administrator in connection therewith, shall be transmitted by the Secretary to the Administrator.” before “The preceding sentence”, and substituted “the Secretary and the Secretary of Health and Human Services” for “the Secretary and the Administrator”.

   Enacted provision · exact public law section
   (D) by striking out “when an application on such form has been filed with either the Administrator” and inserting in lieu thereof the following (indented so as to make the following text a new subsection): “(b) When an application on such a form is filed with either the Secretary“;

7. 1994

   Pub. L. 103–296 § 108(k)(1) · 108 Stat. 1464

   Substituted · 38 U.S.C. § 5105(a)

   Pub. L. 103–296, § 108(k)(1), substituted “Commissioner of Social Security” for “Secretary of Health and Human Services”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 103–296, § 108(k)(1), substituted “Commissioner of Social Security” for “Secretary of Health and Human Services”.

   Enacted provision · exact public law section
   SEC. 108. ADDITIONAL CONFORMING AMENDMENTS. (a) Amendments to Title VII.— (1) Title VII of the Social Security Act (42 U.S.C. 901 et seq.) is amended by adding at the end the following new section:

   Effective date note
   Amendment by Pub. L. 103–296 effective Mar. 31, 1995, see section 110(a) of Pub. L. 103–296, set out as a note under section 401 of Title 42, The Public Health and Welfare.

8. 1994

   Pub. L. 103–296 § 108(k) · 108 Stat. 1464

   1. Substituted · 38 U.S.C. § 5105(b)

      Pub. L. 103–296, § 108(k), substituted “Commissioner of Social Security” for “Secretary of Health and Human Services” in two places

   2. Amended · 38 U.S.C. § 5105(b)

      Pub. L. 103–296, § 108(k), amended second sentence generally. Prior to amendment, second sentence read as follows: “A copy of each such application filed with either Secretary, together with any additional information and supporting documents (or certifications thereof) which may have been received by that Secretary with such application, and which may be needed by the other Secretary in connection therewith, shall be transmitted by the Secretary receiving the application to the other Secretary.”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 103–296, § 108(k), substituted “Commissioner of Social Security” for “Secretary of Health and Human Services” in two places and amended second sentence generally. Prior to amendment, second sentence read as follows: “A copy of each such application filed with either Secretary, together with any additional information and supporting documents (or certifications thereof) which may have been received by that Secretary with such application, and which may be needed by the other Secretary in connection therewith, shall be transmitted by the Secretary receiving the application to the other Secretary.”

   Enacted provision · exact public law section
   SEC. 108. ADDITIONAL CONFORMING AMENDMENTS. (a) Amendments to Title VII.— (1) Title VII of the Social Security Act (42 U.S.C. 901 et seq.) is amended by adding at the end the following new section:

   Effective date note
   Amendment by Pub. L. 103–296 effective Mar. 31, 1995, see section 110(a) of Pub. L. 103–296, set out as a note under section 401 of Title 42, The Public Health and Welfare.

9. 2012

   Honoring America’s Veterans and Caring for Camp Lejeune Families Act of 2012

   Pub. L. 112–154 § 503(1) · 126 Stat. 1165

   1. Substituted · 38 U.S.C. § 5105(a)

      Pub. L. 112–154, § 503(1), substituted “may jointly” for “shall jointly”

   2. Substituted · 38 U.S.C. § 5105(a)

      Pub. L. 112–154, § 503(1), substituted “Such forms” for “Each such form”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 112–154, § 503(1), substituted “may jointly” for “shall jointly” and “Such forms” for “Each such form”.

   Enacted provision · exact public law section
   (1) in subsection (a)— (A) by striking “shall” the first place it appears and inserting “may”; and (B) by striking “Each such form” and inserting “Such forms”; and

10. 2012

    Honoring America’s Veterans and Caring for Camp Lejeune Families Act of 2012

    Pub. L. 112–154 § 503(2) · 126 Stat. 1165

    Substituted · 38 U.S.C. § 5105(b)

    Pub. L. 112–154, § 503(2), substituted “on any document indicating an intent to apply for survivor benefits” for “on such a form”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 112–154, § 503(2), substituted “on any document indicating an intent to apply for survivor benefits” for “on such a form”.

    Enacted provision · exact public law section
    (2) in subsection (b), by striking “on such a form” and inserting “on any document indicating an intent to apply for survivor benefits”.

18 of 19 references resolved to an enrolled provision · 1 partial