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Title 38 — Veterans’ Benefits

Part IV · Chapter 53 — Special Provisions Relating to Benefits

§ 5307. Apportionment of benefits

Statutory text

(a)

All or any part of the compensation, pension, or emergency officers’ retirement pay payable on account of any veteran may—

(1)

if the veteran is being furnished hospital treatment, institutional, or domiciliary care by the United States, or any political subdivision thereof, be apportioned on behalf of the veteran’s spouse, children, or dependent parents; and

(2)

if the veteran is not living with the veteran’s spouse, or if the veteran’s children are not in the custody of the veteran, be apportioned as may be prescribed by the Secretary.

(b)

Where any of the children of a deceased veteran are not in the custody of the veteran’s surviving spouse, the pension, compensation, or dependency and indemnity compensation otherwise payable to the surviving spouse may be apportioned as prescribed by the Secretary.

(c)

If a veteran is not living with the veteran’s spouse, or if any of the veteran’s children are not in the custody of the veteran, any subsistence allowance payable to the veteran under chapter 31 of this title or that portion of the educational assistance allowance payable on account of dependents under chapter 34 of this title may be apportioned as may be prescribed by the Secretary.

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. § 5307

    Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1231, § 3107

    Source evidence

    Code source credit
    Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1231, § 3107

  2. Veterans’ Employment and Readjustment Act of 1972

    Pub. L. 92–540 title V § 505 · 86 Stat. 1074

    Inserted · 38 U.S.C. § 5307(c)

    Pub. L. 92–540 inserted provisions relating to that portion of the educational assistance allowance payable on account of dependents under chapter 34 of this title

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 92–540 inserted provisions relating to that portion of the educational assistance allowance payable on account of dependents under chapter 34 of this title.

    Enacted provision · exact public law section
    Sec. 505. Section 3107 of title 38, United States Code, is amended by inserting after “title” the words “or that portion of the educational assistance allowance payable on account of dependents under chapter 34 of this title”.

    Effective date note
    Amendment by Pub. L. 92–540 effective 90 days after Oct. 24, 1972, see section 601(b) of Pub. L. 92–540, set out as a note under section 4101 of this title.

  3. Veterans’ Health Care Amendments of 1983

    Pub. L. 98–160 § 703(2)(A) · 97 Stat. 993

    Substituted · 38 U.S.C. § 5307(a)(1)

    Pub. L. 98–160, § 703(2)(A), substituted “the veteran’s spouse” for “his wife”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 98–160, § 703(2)(A), substituted “the veteran’s spouse” for “his wife”.

    Enacted provision · exact public law section
    (A) by striking out “his wife” each place it appears and inserting in lieu thereof “the veteran’s spouse”;

  4. Veterans’ Health Care Amendments of 1983

    Pub. L. 98–160 § 703(2)(A) · 97 Stat. 993

    1. Substituted · 38 U.S.C. § 5307(a)(2)

      Pub. L. 98–160, § 703(2)(A)–(C), substituted “the veteran’s spouse” for “his wife”

    2. Substituted · 38 U.S.C. § 5307(a)(2)

      Pub. L. 98–160, § 703(2)(A)–(C), substituted “the veteran’s children” for “his children”

    3. Substituted · 38 U.S.C. § 5307(a)(2)

      Pub. L. 98–160, § 703(2)(A)–(C), substituted “the custody of the veteran” for “his custody”

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 98–160, § 703(2)(A)–(C), substituted “the veteran’s spouse” for “his wife”, “the veteran’s children” for “his children”, and “the custody of the veteran” for “his custody”.

    Enacted provision · exact public law section
    (A) by striking out “his wife” each place it appears and inserting in lieu thereof “the veteran’s spouse”;

  5. Veterans’ Health Care Amendments of 1983

    Pub. L. 98–160 § 703(2)(D) · 97 Stat. 993

    Substituted · 38 U.S.C. § 5307(b)

    Pub. L. 98–160, § 703(2)(D), substituted “surviving spouse” for “widow” in two places

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 98–160, § 703(2)(D), substituted “surviving spouse” for “widow” in two places.

    Enacted provision · exact public law section
    (D) by striking out “widow” both places it appears and inserting in lieu thereof “surviving spouse”; and

  6. Veterans’ Health Care Amendments of 1983

    Pub. L. 98–160 § 703(2)(A) · 97 Stat. 993

    1. Substituted · 38 U.S.C. § 5307(c)

      Pub. L. 98–160, § 703(2)(A)–(C), (E), substituted “the veteran’s spouse” for “his wife”

    2. Substituted · 38 U.S.C. § 5307(c)

      Pub. L. 98–160, § 703(2)(A)–(C), (E), substituted “the veteran’s children” for “his children”

    3. Substituted · 38 U.S.C. § 5307(c)

      Pub. L. 98–160, § 703(2)(A)–(C), (E), substituted “the custody of the veteran” for “his custody”

    4. Substituted · 38 U.S.C. § 5307(c)

      Pub. L. 98–160, § 703(2)(A)–(C), (E), substituted “payable to the veteran” for “payable to him”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 98–160, § 703(2)(A)–(C), (E), substituted “the veteran’s spouse” for “his wife”, “the veteran’s children” for “his children”, “the custody of the veteran” for “his custody”, and “payable to the veteran” for “payable to him”.

    Enacted provision · exact public law section
    (A) by striking out “his wife” each place it appears and inserting in lieu thereof “the veteran’s spouse”;

  7. Department of Veterans Affairs Health-Care Personnel Act of 1991

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

    Changed · 38 U.S.C. § 5307

    Pub. L. 102–40 renumbered section 3107 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 102–40 renumbered section 3107 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.

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

    Substituted · 38 U.S.C. § 5307(a)(2); 38 U.S.C. § 5307(a)(b); 38 U.S.C. § 5307(a)(c)

    Pub. L. 102–83 substituted “Secretary” for “Administrator”

    Source evidence

    Code amendment note
    Subsecs. (a)(2), (b), (c). Pub. L. 102–83 substituted “Secretary” for “Administrator”.

    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.

12 of 13 references resolved to an enrolled provision · 1 partial

Editorial Notes

Amendments1972–1991 · 3 rounds

1991

Pub. L. 102–40 renumbered section 3107 of this title as this section.

Subsecs. (a)(2), (b), (c). Pub. L. 102–83 substituted “Secretary” for “Administrator”.

1983

Subsec. (a)(1). Pub. L. 98–160, § 703(2)(A), substituted “the veteran’s spouse” for “his wife”.

Subsec. (a)(2). Pub. L. 98–160, § 703(2)(A)–(C), substituted “the veteran’s spouse” for “his wife”, “the veteran’s children” for “his children”, and “the custody of the veteran” for “his custody”.

Subsec. (b). Pub. L. 98–160, § 703(2)(D), substituted “surviving spouse” for “widow” in two places.

Subsec. (c). Pub. L. 98–160, § 703(2)(A)–(C), (E), substituted “the veteran’s spouse” for “his wife”, “the veteran’s children” for “his children”, “the custody of the veteran” for “his custody”, and “payable to the veteran” for “payable to him”.

1972

Subsec. (c). Pub. L. 92–540 inserted provisions relating to that portion of the educational assistance allowance payable on account of dependents under chapter 34 of this title.

Statutory Notes and Related Subsidiaries

Effective Date of 1972 Amendment

Amendment by Pub. L. 92–540 effective 90 days after , see section 601(b) of Pub. L. 92–540, set out as a note under section 4101 of this title.

Credits

1958–1991 · 5 acts
  1. 1958Pub. L. 85–857, , 72 Stat. 1231, § 3107
  2. 1972Pub. L. 92–540, title V, § 505, , 86 Stat. 1099
  3. 1983Pub. L. 98–160, title VII, § 703(2), , 97 Stat. 1010
  4. 1991renumbered § 5307, Pub. L. 102–40, title IV, § 402(b)(1), , 105 Stat. 238
  5. 1991Pub. L. 102–83, § 4(b)(1), (2)(E), , 105 Stat. 404, 405.
Show as published

(Pub. L. 85–857, , 72 Stat. 1231, § 3107; Pub. L. 92–540, title V, § 505, , 86 Stat. 1099; Pub. L. 98–160, title VII, § 703(2), , 97 Stat. 1010; renumbered § 5307, Pub. L. 102–40, title IV, § 402(b)(1), , 105 Stat. 238; Pub. L. 102–83, § 4(b)(1), (2)(E), , 105 Stat. 404, 405.)

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