Title 38 — Veterans’ Benefits
Part IV · Chapter 53 — Special Provisions Relating to Benefits
§ 5307. Apportionment of benefits
Statutory text
All or any part of the compensation, pension, or emergency officers’ retirement pay payable on account of any veteran may—
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
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.
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.
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.
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, § 3107Veterans’ 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.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”;Veterans’ Health Care Amendments of 1983
Pub. L. 98–160 § 703(2)(A) · 97 Stat. 993
Substituted · 38 U.S.C. § 5307(a)(2)
Pub. L. 98–160, § 703(2)(A)–(C), substituted “the veteran’s spouse” for “his wife”
Substituted · 38 U.S.C. § 5307(a)(2)
Pub. L. 98–160, § 703(2)(A)–(C), substituted “the veteran’s children” for “his children”
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”;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”; andVeterans’ Health Care Amendments of 1983
Pub. L. 98–160 § 703(2)(A) · 97 Stat. 993
Substituted · 38 U.S.C. § 5307(c)
Pub. L. 98–160, § 703(2)(A)–(C), (E), substituted “the veteran’s spouse” for “his wife”
Substituted · 38 U.S.C. § 5307(c)
Pub. L. 98–160, § 703(2)(A)–(C), (E), substituted “the veteran’s children” for “his children”
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”
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”;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.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
- 1958Pub. L. 85–857, , 72 Stat. 1231, § 3107
- 1972Pub. L. 92–540, title V, § 505, , 86 Stat. 1099
- 1983Pub. L. 98–160, title VII, § 703(2), , 97 Stat. 1010
- 1991renumbered § 5307, Pub. L. 102–40, title IV, § 402(b)(1), , 105 Stat. 238
- 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.)