§ 5503. Hospitalized veterans and estates of incompetent institutionalized veterans

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. § 5503

   Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1234, § 3203

   Source evidence

   Code source credit
   Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1234, § 3203

2. 1959

   Pub. L. 86–146 § 1(b) · 73 Stat. 297

   Inserted · 38 U.S.C. § 5503(a)(2)(B)

   Pub. L. 86–146, § 1(b), inserted “under the last two sentences of section 3202(d) of this title or” before “under this paragraph” in two places

   Source evidence

   Code amendment note
   Subsec. (a)(2)(B). Pub. L. 86–146, § 1(b), inserted “under the last two sentences of section 3202(d) of this title or” before “under this paragraph” in two places.

3. 1959

   Pub. L. 86–146 § 2 · 73 Stat. 297

   1. Substituted · 38 U.S.C. § 5503(b)

      Pub. L. 86–146, § 2, inserted “to the veteran” and “and in the event of the veterans’ death before payment of such lump sum no part thereof shall be payable” in par. (1); substituted “in which such an incompetent veteran having neither wife nor child is being furnished hospital treatment, institutional or domiciliary care without charge or otherwise by the United States, or any political subdivision thereof, and his estate from any source equals or exceeds $1,500, further payments of pension, compensation, or emergency officers’ retirement pay” and “paragraph” for “where the estate of such incompetent veteran derived from any source equals or exceeds $1,500, further payments of such benefits (except retired pay, but including emergency officers’ retirement pay” and “subsection”

   2. Inserted · 38 U.S.C. § 5503(b)

      Pub. L. 86–146, § 2, inserted “before payment of such lump sum” in par. (2); added par. (3);

   3. Redesignated · 38 U.S.C. § 5503(b)

      Pub. L. 86–146, § 2, redesignated former par. (3) as (4)

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 86–146, § 2, inserted “to the veteran” and “and in the event of the veterans’ death before payment of such lump sum no part thereof shall be payable” in par. (1); substituted “in which such an incompetent veteran having neither wife nor child is being furnished hospital treatment, institutional or domiciliary care without charge or otherwise by the United States, or any political subdivision thereof, and his estate from any source equals or exceeds $1,500, further payments of pension, compensation, or emergency officers’ retirement pay” and “paragraph” for “where the estate of such incompetent veteran derived from any source equals or exceeds $1,500, further payments of such benefits (except retired pay, but including emergency officers’ retirement pay” and “subsection” and inserted “before payment of such lump sum” in par. (2); added par. (3); and redesignated former par. (3) as (4).

   Enacted provision · exact public law section
   Sec. 2. Section 3203(b) of title 38, United States Code, is amended 72 Stat. 1235. by redesignating paragraph (3) as paragraph (4) and by striking out paragraphs (1) and (2) thereof and inserting the following: “(1) Where any veteran having neither wife, child, nor dependent parent is being furnished hospital treatment, institutional or domiciliary care by the Veterans’ Administration, and is rated by the Veterans’ Administration in accordance with regulations as being incompetent by reason of mental illness, the pension, compensation, or retirement pay of such veteran shall be subject to the provisions of subsection (a) of this section; however, no payment of a lump sum herein authorized shall be made to the veteran until after the expiration of six months following a finding of competency and in the event of the veteran’s death before payment of such lump sum no part thereof shall be payable. “(2) In any case in which such an incompetent veteran having neither wife nor child is being furnished hospital treatment, institutional or domiciliary care without charge or otherwise by the United States, or any political subdivision thereof, and his estate from any source equals or exceeds $1,500, further payments of pension, compensation, or emergency officers’ retirement pay shall not be made until the estate is reduced to $500. The amount which would be payable but for this paragraph shall be paid to the veteran as provided for the lump sum in paragraph (1) of this subsection, but in the event of the veteran’s death before payment of such lump sum no part thereof shall be payable. “(3) Where any benefit is discontinued by reason of paragraph (2) of this subsection the Administrator may nevertheless apportion and pay to the dependent parents of the veteran on the basis of need all or any part of the benefit which would otherwise be payable to or for such incompetent veteran. Paragraph (2) of this subsection shall not prevent the payment, out of any remaining amounts discontinued under that paragraph, on account of any veteran of so much of his pension, compensation, or retirement pay as equals the amount charged to the veteran for his current care and maintenance in the institution in which treatment or care is furnished him, but not more than the amount determined by the Administrator to be the proper charge as fixed by any applicable statute or valid administrative regulation.”

4. 1959

   Veterans’ Pension Act of 1959

   Pub. L. 86–211 § 6(1) · 73 Stat. 432

   Struck · 38 U.S.C. § 5503(a)(1)

   Pub. L. 86–211, § 6(1), struck out references to pensions

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 86–211, § 6(1), struck out references to pensions.

   Enacted provision · exact public law section
   Sec. 6. Section 3203 of title 38, United States Code, is amended (1) by deleting “pension, compensation, or” wherever it appears in subsections (a) (1) and (b)(1) and inserting in lieu thereof “compensation or”; (2) by redesignating subsection (d) as “(e)”; and (3) by inserting a new subsection (d), as follows: “(d) (1) Where any veteran is being furnished hospital treatment, institutional, or domiciliary care by the Veterans’ Administration, no pension in excess of $30 per month shall be paid to or for the veteran tor any period after (a) the end of the second full calendar month following the month of admission for treatment or care or (b) readmission for treatment or care within six months following termination of a period of treatment or care of not less than two full calendar months. “(2) Where the payment of pension to any veteran is subject to the provisions of paragraph (1) of this subsection the Administrator may apportion and pay to his wife or children the balance of the pension which the veteran would receive but for such paragraph (1).”

5. 1959

   Veterans’ Pension Act of 1959

   Pub. L. 86–211 § 6(1) · 73 Stat. 432

   Struck · 38 U.S.C. § 5503(b)(1)

   Pub. L. 86–211, § 6(1), struck out reference to pension of a veteran

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 86–211, § 6(1), struck out reference to pension of a veteran.

   Enacted provision · exact public law section
   Sec. 6. Section 3203 of title 38, United States Code, is amended (1) by deleting “pension, compensation, or” wherever it appears in subsections (a) (1) and (b)(1) and inserting in lieu thereof “compensation or”; (2) by redesignating subsection (d) as “(e)”; and (3) by inserting a new subsection (d), as follows: “(d) (1) Where any veteran is being furnished hospital treatment, institutional, or domiciliary care by the Veterans’ Administration, no pension in excess of $30 per month shall be paid to or for the veteran tor any period after (a) the end of the second full calendar month following the month of admission for treatment or care or (b) readmission for treatment or care within six months following termination of a period of treatment or care of not less than two full calendar months. “(2) Where the payment of pension to any veteran is subject to the provisions of paragraph (1) of this subsection the Administrator may apportion and pay to his wife or children the balance of the pension which the veteran would receive but for such paragraph (1).”

6. 1959

   Veterans’ Pension Act of 1959

   Pub. L. 86–211 § 6(2) · 73 Stat. 432

   1. Added · 38 U.S.C. § 5503(d); 38 U.S.C. § 5503(e)

      Pub. L. 86–211, § 6(2), (3), added subsec. (d)

   2. Redesignated · 38 U.S.C. § 5503(d); 38 U.S.C. § 5503(e)

      Pub. L. 86–211, § 6(2), (3), redesignated former subsec. (d) as (e)

   Source evidence

   Code amendment note
   Subsecs. (d), (e). Pub. L. 86–211, § 6(2), (3), added subsec. (d) and redesignated former subsec. (d) as (e).

   Enacted provision · exact public law section
   Sec. 6. Section 3203 of title 38, United States Code, is amended (1) by deleting “pension, compensation, or” wherever it appears in subsections (a) (1) and (b)(1) and inserting in lieu thereof “compensation or”; (2) by redesignating subsection (d) as “(e)”; and (3) by inserting a new subsection (d), as follows: “(d) (1) Where any veteran is being furnished hospital treatment, institutional, or domiciliary care by the Veterans’ Administration, no pension in excess of $30 per month shall be paid to or for the veteran tor any period after (a) the end of the second full calendar month following the month of admission for treatment or care or (b) readmission for treatment or care within six months following termination of a period of treatment or care of not less than two full calendar months. “(2) Where the payment of pension to any veteran is subject to the provisions of paragraph (1) of this subsection the Administrator may apportion and pay to his wife or children the balance of the pension which the veteran would receive but for such paragraph (1).”

7. 1962

   Pub. L. 87–544 § 1 · 76 Stat. 208

   Changed · 38 U.S.C. § 5503(a)(2)(A)

   Pub. L. 87–544 removed brothers, sisters, and nondependent parents from the permitted class of beneficiaries

   Source evidence

   Code amendment note
   Subsec. (a)(2)(A). Pub. L. 87–544 removed brothers, sisters, and nondependent parents from the permitted class of beneficiaries.

8. 1962

   Pub. L. 87–556 § 1(1) · 76 Stat. 245

   Changed · 38 U.S.C. § 5503(d)(1)

   Pub. L. 87–556, § 1(1), limited par. (1) to veterans having neither wife nor child

   Source evidence

   Code amendment note
   Subsec. (d)(1). Pub. L. 87–556, § 1(1), limited par. (1) to veterans having neither wife nor child.

9. 1962

   Pub. L. 87–556 § 1(2) · 76 Stat. 245

   Substituted · 38 U.S.C. § 5503(d)(2)

   Pub. L. 87–556, § 1(2), substituted provisions making par. (1) applicable to a veteran having a wife but whose pension is payable under section 521(b) of this title, and in such case, authorized the Administrator to pay to the wife, upon an affirmative showing of hardship, all or any part of the amounts in excess of $30 per month payable to the veteran under section 521(c) of this title, for provisions which permitted the Administrator, to pay to the wife or children of a veteran, the balance of the pension he would receive but for par. (1) of this section

   Source evidence

   Code amendment note
   Subsec. (d)(2). Pub. L. 87–556, § 1(2), substituted provisions making par. (1) applicable to a veteran having a wife but whose pension is payable under section 521(b) of this title, and in such case, authorized the Administrator to pay to the wife, upon an affirmative showing of hardship, all or any part of the amounts in excess of $30 per month payable to the veteran under section 521(c) of this title, for provisions which permitted the Administrator, to pay to the wife or children of a veteran, the balance of the pension he would receive but for par. (1) of this section.

10. 1962

    Pub. L. 87–645 § 2(b) · 76 Stat. 441

    Added · 38 U.S.C. § 5503(f)

    Pub. L. 87–645 added subsec. (f)

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 87–645 added subsec. (f).

    Enacted provision · exact public law section
    (b) Section 3203 of title 38, United States Code, is amended by Hospitalized veterans. 72 Stat. 1235; 73 Stat. 435. adding at the end thereof the following: “(f) Where any veteran in receipt of an aid and attendance allowance described in section 314(r) of this title is hospitalized at Government expense, such allowance shall be discontinued from the first day of the second calendar month which begins after the date of his admission for such hospitalization for so long as such hospitalization continues. In case a veteran covered by this subsection leaves a hos-pital against medical advice and is thereafter readmitted to hospitalization, such allowance shall be discontinued from the date of such readmission for so long as such hospitalization continues.”.

11. 1964

    Pub. L. 88–450 § 5(a) · 78 Stat. 500

    Changed · 38 U.S.C. § 5503(f)

    Pub. L. 88–450 directed that any discontinuance required by administrative regulation, during hospitalization of a veteran by the Veterans’ Administration, of increased pension based on need of regular aid and attendance as described in subsection (l) or (m) of section 314 of this title, shall not be effective earlier than the first day of the second calendar month which begins after the date of the veteran’s admission for hospitalization, and authorized discontinuance of the increased pension or additional compensation of a veteran upon readmission if he left a hospital against medical advice

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 88–450 directed that any discontinuance required by administrative regulation, during hospitalization of a veteran by the Veterans’ Administration, of increased pension based on need of regular aid and attendance as described in subsection (l) or (m) of section 314 of this title, shall not be effective earlier than the first day of the second calendar month which begins after the date of the veteran’s admission for hospitalization, and authorized discontinuance of the increased pension or additional compensation of a veteran upon readmission if he left a hospital against medical advice.

    Enacted provision · exact public law section
    (a) Section 3203(f) of title 38, United States Code, is amended to read as follows: “(f) Where any veteran in receipt of an aid and attendance allowance 72 Stat. 936; 76 Stat. 441. described in section 314(r) of this title is hospitalized at Government expense, such allowance shall be discontinued from the first day of the second calendar month which begins after the date of his admission for such hospitalization for so long as such hospitalization continues. Any discontinuance required by administrative regulation, during hospitalization of a veteran by the Veterans’ Administration, of increased pension based on need of regular aid and attendance or additional compensation based on need of regular aid and attendance as described in subsection (1) or (m) of section 314 of this title, shall not be effective earlier than the first day of the second calendar month which begins after the date of the veteran’s admission for hospitalization. In case a veteran affected by this subsection leaves a hospital against medical advice and is thereafter admitted to hospitalization, such allowance, increased pension, or additional compensation, as the case may be, shall be discontinued from the date of such readmission for so long as such hospitalization continues.”

12. 1966

    Pub. L. 89–362 § 1 · 80 Stat. 30

    Changed · 38 U.S.C. § 5503(a)(1)

    Pub. L. 89–362, § 1, limited the application of the rule requiring immediate reduction of withheld benefits following discharge against medical advice or as a result of disciplinary action to situations where the readmission occurs within 6 months following prior termination of the hospitalization or institutional care

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 89–362, § 1, limited the application of the rule requiring immediate reduction of withheld benefits following discharge against medical advice or as a result of disciplinary action to situations where the readmission occurs within 6 months following prior termination of the hospitalization or institutional care.

13. 1966

    Pub. L. 89–362 § 2 · 80 Stat. 30

    Changed · 38 U.S.C. § 5503(f)

    Pub. L. 89–362, § 2, limited the application of the rule requiring discontinuance of aid and attendance allowance upon readmission following departure from a hospital against medical advice to situations where the readmission occurs within 6 months following prior termination of the hospitalization

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 89–362, § 2, limited the application of the rule requiring discontinuance of aid and attendance allowance upon readmission following departure from a hospital against medical advice to situations where the readmission occurs within 6 months following prior termination of the hospitalization.

    Enacted provision · exact public law section
    Sec. 2. Section 3203(f) of title 38, United States Code, is amended by deleting the commit immediately after “admitted to hospitalization” in the third sentence and inserting “within six months from the date of such departure,”.

14. 1969

    Pub. L. 91–24 § 10 · 83 Stat. 33

    Substituted · 38 U.S.C. § 5503(d)(2)

    Pub. L. 91–24 substituted “the amount payable to the veteran while being furnished such care which would be payable to him if pension were payable under section 521(c) of this title” for “$30 per month which would be payable to the veteran while being furnished such care if pension were payable to him under section 521(c) of this title”

    Source evidence

    Code amendment note
    Subsec. (d)(2). Pub. L. 91–24 substituted “the amount payable to the veteran while being furnished such care which would be payable to him if pension were payable under section 521(c) of this title” for “$30 per month which would be payable to the veteran while being furnished such care if pension were payable to him under section 521(c) of this title”.

    Enacted provision · exact public law section
    Sec. 10. Section 3203(d) (2) of title 38, United States Code, is amended by deleting in the second sentence “$30 per month which would be payable to the veteran while being furnished such care if pension were payable to him under section 521(c) of this title” and inserting in lieu thereof “the amount payable to the veteran while being furnished such care which would be payable to him if pension were payable under section 521 (c) of this title”.

15. 1972

    Veterans’ Compensation and Relief Act of 1972

    Pub. L. 92–328 § 104(a) · 86 Stat. 393

    Redesignated · 38 U.S.C. § 5503(a)

    Pub. L. 92–328, § 104(a), (b), redesignated subsec. (d) as (a). Former subsec. (a), which related to payment of compensation or retirement pay to veterans being furnished hospital treatment, institutional or domiciliary care by the Veterans’ Administration, was struck out

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 92–328, § 104(a), (b), redesignated subsec. (d) as (a). Former subsec. (a), which related to payment of compensation or retirement pay to veterans being furnished hospital treatment, institutional or domiciliary care by the Veterans’ Administration, was struck out.

    Enacted provision · exact public law section
    (a) Subsection (a) of section 3203 of title 38, United States Code, is repealed.

16. 1972

    Veterans’ Compensation and Relief Act of 1972

    Pub. L. 92–328 § 104(c) · 86 Stat. 393

    1. Redesignated · 38 U.S.C. § 5503(b)(1)

       Pub. L. 92–328, § 104(c), redesignated par. (2) as (1)

    2. Struck and inserted · 38 U.S.C. § 5503(b)(1)

       Pub. L. 92–328, § 104(c), inserted provisions relating to the rating by the Veterans’ Administration of a veteran as incompetent by reason of mental illness and provisions relating to the payment of a lump sum to the veteran until after the expiration of six months following the finding of competency of the veteran. Former par. (1), which related to the payment of compensation or retirement pay pursuant to the provisions of subsec. (a) of this section to veterans rated by the Veterans’ Administration as incompetent, was struck out

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 92–328, § 104(c), redesignated par. (2) as (1) and inserted provisions relating to the rating by the Veterans’ Administration of a veteran as incompetent by reason of mental illness and provisions relating to the payment of a lump sum to the veteran until after the expiration of six months following the finding of competency of the veteran. Former par. (1), which related to the payment of compensation or retirement pay pursuant to the provisions of subsec. (a) of this section to veterans rated by the Veterans’ Administration as incompetent, was struck out.

    Enacted provision · exact public law section
    (c) Paragraphs (1) and (2) of subsection (b) of such section 3203 are redesignated as paragraph (1) and as so redesignated are amended to read as follows: “(b) (1) In any case in which a veteran having neither wife nor child is being furnished hospital treatment, institutional or domiciliary care without charge or otherwise by the United States, or any political subdivision thereof, is rated by the Veterans’ Administration in accordance with regulations as being incompetent by reason of mental illness, and his estate from any source equals or exceeds $1,500, further payments of pension, compensation, or emergency officers’ retirement pay shall not be made until the estate is reduced to $500. The am cunt which would be payable but for this paragraph shall be paid to the veteran in a lump sum; however, no payment of a lump sum herein authorized shall tie made to the veteran until after the expiration of six months following a finding of competency and in the event of the veteran’s death before payment of such lump sum no part thereof shall be payable.”

17. 1972

    Veterans’ Compensation and Relief Act of 1972

    Pub. L. 92–328 § 104(c) · 86 Stat. 393

    1. Redesignated · 38 U.S.C. § 5503(b)(2)

       Pub. L. 92–328, § 104(c), (d), redesignated par. (3) as (2)

    2. Redesignated · 38 U.S.C. § 5503(b)(2)

       Pub. L. 92–328, § 104(c), (d), substituted “(1)” for “(2)” wherever appearing. Former par. (2) redesignated (1)

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 92–328, § 104(c), (d), redesignated par. (3) as (2) and substituted “(1)” for “(2)” wherever appearing. Former par. (2) redesignated (1).

    Enacted provision · exact public law section
    (c) Paragraphs (1) and (2) of subsection (b) of such section 3203 are redesignated as paragraph (1) and as so redesignated are amended to read as follows: “(b) (1) In any case in which a veteran having neither wife nor child is being furnished hospital treatment, institutional or domiciliary care without charge or otherwise by the United States, or any political subdivision thereof, is rated by the Veterans’ Administration in accordance with regulations as being incompetent by reason of mental illness, and his estate from any source equals or exceeds $1,500, further payments of pension, compensation, or emergency officers’ retirement pay shall not be made until the estate is reduced to $500. The am cunt which would be payable but for this paragraph shall be paid to the veteran in a lump sum; however, no payment of a lump sum herein authorized shall tie made to the veteran until after the expiration of six months following a finding of competency and in the event of the veteran’s death before payment of such lump sum no part thereof shall be payable.”

18. 1972

    Veterans’ Compensation and Relief Act of 1972

    Pub. L. 92–328 § 104(d) · 86 Stat. 393

    Redesignated · 38 U.S.C. § 5503(b)(3); 38 U.S.C. § 5503(b)(4)

    Pub. L. 92–328, § 104(d), redesignated par. (4) as (3). Former par. (3) redesignated (2)

    Source evidence

    Code amendment note
    Subsec. (b)(3), (4). Pub. L. 92–328, § 104(d), redesignated par. (4) as (3). Former par. (3) redesignated (2).

    Enacted provision · exact public law section
    (d) Paragraphs (3) and (4) of subsection (b) of such section 3203 are redesignated as paragraphs (2) and (3) respectively; and the references in said redesignated paragraph (2) to “paragraph (2)” and “Paragraph (2)” are changed to “paragraph (1)” and “Paragraph (1)”, respectively.

19. 1972

    Veterans’ Compensation and Relief Act of 1972

    Pub. L. 92–328 § 104(e) · 86 Stat. 393

    Struck · 38 U.S.C. § 5503(c)

    Pub. L. 92–328, § 104(e), struck out “(a) or” after “subsection”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 92–328, § 104(e), struck out “(a) or” after “subsection”.

    Enacted provision · exact public law section
    (e) Subsection (c) of such section 3203 is amended by deleting 72 Stat. 1235. “(a) or”.

20. 1972

    Veterans’ Compensation and Relief Act of 1972

    Pub. L. 92–328 § 104(b) · 86 Stat. 393

    1. Redesignated · 38 U.S.C. § 5503(d)

       Pub. L. 92–328, § 104(b), (f), redesignated subsec. (e) as (d)

    2. Redesignated · 38 U.S.C. § 5503(d)

       Pub. L. 92–328, § 104(b), (f), struck out “, compensation, or retirement pay” after “pension”. Former subsec. (d) redesignated (a)

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 92–328, § 104(b), (f), redesignated subsec. (e) as (d) and struck out “, compensation, or retirement pay” after “pension”. Former subsec. (d) redesignated (a).

    Enacted provision · exact public law section
    (b) Subsection (d) of such section 3203 is redesignated as subsection (a) of such section 3203.

21. 1972

    Veterans’ Compensation and Relief Act of 1972

    Pub. L. 92–328 § 104(f) · 86 Stat. 393

    Redesignated · 38 U.S.C. § 5503(e); 38 U.S.C. § 5503(f)

    Pub. L. 92–328, § 104(f), (g), redesignated subsecs. (e) and (f) as (d) and (e), respectively

    Source evidence

    Code amendment note
    Subsecs. (e), (f). Pub. L. 92–328, § 104(f), (g), redesignated subsecs. (e) and (f) as (d) and (e), respectively.

    Enacted provision · exact public law section
    (f) Subsection (e) of such section 3203 is amended by deleting 73 Stat. 435. “, compensation, or retirement pay”; and as so amended is redesignated as subsection (d).

22. 1973

    Pub. L. 93–177 § 5 · 87 Stat. 694

    Substituted · 38 U.S.C. § 5503(a)(1)

    Pub. L. 93–177 substituted “$50” for “$30”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 93–177 substituted “$50” for “$30”.

    Enacted provision · exact public law section
    Sec. 5. Section 3203(a)(1) of title 38, United States Code, is amended by striking out “30” and inserting in lieu thereof “50”.

23. 1978

    Veterans’ and Survivors’ Pension Improvement Act of 1978

    Pub. L. 95–588 title III § 307 · 92 Stat. 2497

    Changed · 38 U.S.C. § 5503(a)(1)

    Pub. L. 95–588 revised and restructured par. (1) and, as so restructured, raised the maximum pension to be paid to a veteran being furnished institutional care who has neither wife nor child from $50 per month to $60 per month

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 95–588 revised and restructured par. (1) and, as so restructured, raised the maximum pension to be paid to a veteran being furnished institutional care who has neither wife nor child from $50 per month to $60 per month.

    Enacted provision · exact public law section
    Sec. 307. amendments concerning pension for certain institutionalized veterans Paragraph (1) of section 3203(a) of title 38, United States Code, is amended to read as follows: “(1) (A) Where any veteran having neither spouse nor child is being furnished domiciliary care by the Veterans’ Administration, no pension in excess of $60 per month shall be paid to or for the veteran for any period after the end of the second full calendar month following the month of admission for such care. “(B) Where any veteran having neither spouse nor child is being furnished hospital or nursing home care by the Veterans’ Administration, no pension in excess of $60 per month shall be paid to or for the veteran for any period after the end of the third full calendar month following the month of admission for such care. “(C) No pension in excess of $60 per month shall be paid to or for a veteran having neither spouse nor child for any period after the month in which such veteran is readmitted for care described in subparagraph (A) or (B) of this paragraph and furnished by the Veterans’ Administration if such veteran is readmitted within six months of a period of care of not less than two full calendar months.”.

24. 1980

    Veterans’ Disability Compensation and Housing Benefits Amendments of 1980

    Pub. L. 96–385 title V § 503(b) · 94 Stat. 1528

    Substituted · 38 U.S.C. § 5503(a)(1)(C)

    Pub. L. 96–385 substituted “in connection with which pension was reduced pursuant to subparagraph (A) or (B) of this paragraph” for “of not less than two full calendar months”

    Source evidence

    Code amendment note
    Subsec. (a)(1)(C). Pub. L. 96–385 substituted “in connection with which pension was reduced pursuant to subparagraph (A) or (B) of this paragraph” for “of not less than two full calendar months”.

    Enacted provision · exact public law section
    (b) Section 3203(a)(1)(C) is amended by striking out “of not less than two full calendar months” and inserting in lieu thereof “in connection with which pension was reduced pursuant to subparagraph (A) or (B) of this paragraph”.

25. 1981

    Veterans’ Disability Compensation, Housing, and Memorial Benefits Amendments of 1981

    Pub. L. 97–66 § 602(1) · 95 Stat. 1026

    Substituted · 38 U.S.C. § 5503(a)(1)(B)

    Pub. L. 97–66, § 602(1), substituted “Except as provided in subparagraph (D) of this paragraph, where” for “Where”

    Source evidence

    Code amendment note
    Subsec. (a)(1)(B). Pub. L. 97–66, § 602(1), substituted “Except as provided in subparagraph (D) of this paragraph, where” for “Where”.

    Enacted provision · exact public law section
    (1) by striking out “Where” in subparagraph (B) and inserting in lieu thereof “Except as provided in subparagraph (D) of this paragraph, where”; and

26. 1981

    Veterans’ Disability Compensation, Housing, and Memorial Benefits Amendments of 1981

    Pub. L. 97–66 § 602(2) · 95 Stat. 1026

    Added · 38 U.S.C. § 5503(a)(1)(D)

    Pub. L. 97–66, § 602(2), added subpar. (D)

    Source evidence

    Code amendment note
    Subsec. (a)(1)(D). Pub. L. 97–66, § 602(2), added subpar. (D).

    Enacted provision · exact public law section
    (2) by adding at the end the following new subparagraph: “(D) In the case of a veteran being furnished hospital or nursing home care by the Veterans’ Administration and with respect to whom subparagraph (B) of this paragraph requires a reduction in pension, such reduction shall not be made for a period of up to three additional calendar months after the last day of the third month referred to in such subparagraph if the Administrator determines that the primary purpose for the furnishing of such care during such additional period is for the Veterans’ Administration to provide such veteran with a prescribed program of rehabilitation services, under 38 USC 601 et seq. chapter 17 of this title, designed to restore such veteran’s ability to function within such veteran’s family and community. If the Administrator determines that it is necessary, after such period, for the veteran to continue such program of rehabilitation services in order to achieve the purposes of such program and that the primary purpose of furnishing hospital or nursing home care to the veteran continues to be the provision of such program to the veteran, the reduction in pension required by subparagraph (B) of this paragraph shall not be made for the number of calendar months that the Administrator determines is necessary for the veteran to achieve the purposes of such program.”.

27. 1983

    Veterans’ Health Care Amendments of 1983

    Pub. L. 98–160 § 703(4)(A) · 97 Stat. 993

    1. Substituted · 38 U.S.C. § 5503(a)(2)

       Pub. L. 98–160, § 703(4)(A), (B), substituted “spouse” for “wife”

    2. Substituted · 38 U.S.C. § 5503(a)(2)

       Pub. L. 98–160, § 703(4)(A), (B), substituted “the veteran” for “him”

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 98–160, § 703(4)(A), (B), substituted “spouse” for “wife”, and “the veteran” for “him”.

    Enacted provision · exact public law section
    (A) in subsections (a)(2), (b)(1), and (c), by striking out “wife” each place it appears and inserting in lieu thereof “spouse”;

28. 1983

    Veterans’ Health Care Amendments of 1983

    Pub. L. 98–160 § 703(4)(A) · 97 Stat. 993

    1. Substituted · 38 U.S.C. § 5503(b)(1)

       Pub. L. 98–160, § 703(4)(A), (C), substituted “spouse” for “wife”

    2. Substituted · 38 U.S.C. § 5503(b)(1)

       Pub. L. 98–160, § 703(4)(A), (C), substituted “the veteran’s” for “his”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 98–160, § 703(4)(A), (C), substituted “spouse” for “wife” and “the veteran’s” for “his”.

    Enacted provision · exact public law section
    (A) in subsections (a)(2), (b)(1), and (c), by striking out “wife” each place it appears and inserting in lieu thereof “spouse”;

29. 1983

    Veterans’ Health Care Amendments of 1983

    Pub. L. 98–160 § 703(4)(B) · 97 Stat. 993

    1. Substituted · 38 U.S.C. § 5503(b)(2)

       Pub. L. 98–160, § 703(4)(B), (C), substituted “the veteran” for “him”

    2. Substituted · 38 U.S.C. § 5503(b)(2)

       Pub. L. 98–160, § 703(4)(B), (C), substituted “the veteran’s” for “his”

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 98–160, § 703(4)(B), (C), substituted “the veteran” for “him”, and “the veteran’s” for “his”.

    Enacted provision · exact public law section
    (B) in subsections (a)(2) and (b)(2), by striking out “him” and inserting in lieu thereof “the veteran”;

30. 1983

    Veterans’ Health Care Amendments of 1983

    Pub. L. 98–160 § 703(4)(A) · 97 Stat. 993

    Substituted · 38 U.S.C. § 5503(c)

    Pub. L. 98–160, § 703(4)(A), substituted “spouse” for “wife”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 98–160, § 703(4)(A), substituted “spouse” for “wife”.

    Enacted provision · exact public law section
    (A) in subsections (a)(2), (b)(1), and (c), by striking out “wife” each place it appears and inserting in lieu thereof “spouse”;

31. 1983

    Veterans’ Health Care Amendments of 1983

    Pub. L. 98–160 § 703(4)(D) · 97 Stat. 993

    Substituted · 38 U.S.C. § 5503(d)

    Pub. L. 98–160, § 703(4)(D), substituted “the veteran” for “he”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 98–160, § 703(4)(D), substituted “the veteran” for “he”.

    Enacted provision · exact public law section
    (D) in subsection (d), by striking out “he” and inserting in lieu thereof “the veteran”.

32. 1984

    Veterans’ Benefits Improvement Act of 1984

    Pub. L. 98–543 title IV § 402(a) · 98 Stat. 2735

    1. Amended · 38 U.S.C. § 5503(b)(1)

       Pub. L. 98–543 designated first and second sentences as subpars. (A) and (B), respectively, and in subpar. (A), as so designated

    2. Substituted · 38 U.S.C. § 5503(b)(1)

       Pub. L. 98–543 substituted “or” for the comma after “treatment”

    3. Struck · 38 U.S.C. § 5503(b)(1)

       Pub. L. 98–543 struck out “by reason of mental illness” after “as being incompetent”

    4. Inserted · 38 U.S.C. § 5503(b)(1)

       Pub. L. 98–543 inserted “(excluding the value of the veteran’s home unless there is no reasonable likelihood that the veteran will again reside in such home),” after “the veteran’s estate”

    5. Added · 38 U.S.C. § 5503(b)(1)

       Pub. L. 98–543 added subpar. (C)

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 98–543 designated first and second sentences as subpars. (A) and (B), respectively, and in subpar. (A), as so designated, substituted “or” for the comma after “treatment”, struck out “by reason of mental illness” after “as being incompetent”, inserted “(excluding the value of the veteran’s home unless there is no reasonable likelihood that the veteran will again reside in such home),” after “the veteran’s estate”, and added subpar. (C).

    Enacted provision · exact public law section
    (a) Section 3203(b)(1) is amended— 97 Stat. 1010. 38 USC 3203. (1) by designating the first and second sentences as subparagraphs (A) and (B), respectively; (2) in subparagraph (A), as so designated— (A) by striking out the comma after “treatment” in the first sentence and inserting in lieu thereof “or”; (B) by striking out “by reason of mental illness”; and (C) by inserting “(excluding the value of the veteran’s home unless there is no reasonable likelihood that the veteran will again reside in such home),” after “the veteran’s estate”; and (3) by adding at the end the following new subparagraph: “(C) The Administrator may waive the discontinuance under this Waiver. paragraph of payments to a veteran with respect to not more than 60 days of care of the veteran during any calendar year if the Administrator determines that the waiver is necessary in order to avoid a hardship for the veteran. Any such waiver shall be made pursuant to regulations which the Administrator shall prescribe.”.

33. 1986

    Pub. L. 99–576 title VII § 701(77) · 100 Stat. 3248

    Substituted · 38 U.S.C. § 5503(e)

    Pub. L. 99–576 substituted “the veteran’s” for “his” before “admission”

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 99–576 substituted “the veteran’s” for “his” before “admission”.

    Enacted provision · exact public law section
    (77) 38 USC 3203. Section 3203(e) is amended by striking out “his” and inserting in lieu thereof “the veteran’s”.

34. 1989

    Veterans’ Benefits Amendments of 1989

    Pub. L. 101–237 § 111(a) · 103 Stat. 2062

    1. Substituted · 38 U.S.C. § 5503(a)(1)

       Pub. L. 101–237, § 111(a), substituted “$90” for “$60” in subpars. (A) and (B)

    2. Substituted · 38 U.S.C. § 5503(a)(1)

       Pub. L. 101–237, § 111(a), substituted “third” for “second” in subpar. (A)

    3. Struck · 38 U.S.C. § 5503(a)(1)

       Pub. L. 101–237, § 111(a), struck out “hospital or” before “nursing home care” wherever appearing in subpars. (B) and (D)

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 101–237, § 111(a), substituted “$90” for “$60” in subpars. (A) and (B), substituted “third” for “second” in subpar. (A), and struck out “hospital or” before “nursing home care” wherever appearing in subpars. (B) and (D).

    Enacted provision · exact public law section
    (a) Payment of Pension.— Section 3203(a)(1) is amended— (1) by striking out “$60” in subparagraphs (A) and (B) and inserting in lieu thereof “$90”; (2) by striking out “second” in subparagraph (A) and inserting in lieu thereof “third”; (3) by striking out “hospital or” each place it appears in subparagraphs (B) and (D).

35. 1990

    Omnibus Budget Reconciliation Act of 1990

    Pub. L. 101–508 title VIII § 8003(a) · 104 Stat. 1388

    Added · 38 U.S.C. § 5503(f)

    Pub. L. 101–508 added subsec. (f)

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 101–508 added subsec. (f).

    Enacted provision · exact public law section
    (a) In General.— Section 3203 of title 38, United States Code, is amended by adding at the end the following: “(f) (1) For the purposes of this subsection— “(A) the term ‘Medicaid plan’ means a State plan for medical assistance referred to in section 1902(a) of the Social Security Act (42 U.S.C. 1396a(a)); and “(B) the term ‘nursing facility’ means a nursing facility described in section 1919 of such Act (42 U.S.C. 1396r). “(2) If a veteran having neither spouse nor child is covered by a Medicaid plan for services furnished such veteran by a nursing facility, no pension in excess of $90 per month shall be paid to or for the veteran for any period after the month of admission to such nursing facility. “(3) Notwithstanding any provision of title XIX of the Social Security Act, the amount of the payment paid a nursing facility pursuant to a Medicaid plan for services furnished a veteran may not be reduced by any amount of pension permitted to be paid such veteran under paragraph (2) of this subsection. “(4) A veteran is not liable to the United States for any payment of pension in excess of the amount permitted under this subsection that is paid to or for the veteran by reason of the inability or failure of the Secretary to reduce the veteran’s pension under this subsection unless such inability or failure is the result of a willful concealment by the veteran of information necessary to make a reduction in pension under this subsection. “(5) The costs of administering this subsection shall be paid for from amounts available to the Department of Veterans Affairs for the payment of compensation and pension. “(6) This subsection expires on September 30, 1992.”.

36. 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. § 5503

    Pub. L. 102–40, § 402(b)(1), renumbered section 3203 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 102–40, § 402(b)(1), renumbered section 3203 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.

37. 1991

    Department of Veterans Affairs Health-Care Personnel Act of 1991

    Pub. L. 102–40 § 304(a) · 105 Stat. 187

    Inserted · 38 U.S.C. § 5503(f)(1)(B)

    Pub. L. 102–40, § 304(a), inserted before period at end “, other than a facility that is a State home with respect to which the Secretary makes per diem payments for nursing home care pursuant to section 641(a) of this title”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–40, § 304(a), inserted before period at end “, other than a facility that is a State home with respect to which the Secretary makes per diem payments for nursing home care pursuant to section 641(a) of this title”.

    Enacted provision · exact public law section
    (a) Exclusion of State Homes.— Section 3203(f)(1)(B) is amended by inserting before the period at the end the following: “, other than a facility that is a State home with respect to which the Secretary makes per diem payments for nursing home care pursuant to section 641(a) of this title”.

38. 1991

    Pub. L. 102–83 § 4(a)(3) · 105 Stat. 378

    Substituted · 38 U.S.C. § 5503(a)(1)(A); 38 U.S.C. § 5503(a)(1)(B)

    Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration”

    Source evidence

    Code amendment note
    Subsec. (a)(1)(A), (B). Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration”.

    Enacted provision · exact public law section
    (3) Such title is further amended by striking out “Veterans’ Administration” each place it appears (other than as amended under paragraphs (1) and (2) and as specified in paragraph (4)) and inserting in lieu thereof “Department”.

39. 1991

    Pub. L. 102–83 § 4(a)(3) · 105 Stat. 378

    Substituted · 38 U.S.C. § 5503(a)(1)(C)

    Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration”.

    Enacted provision · exact public law section
    (3) Such title is further amended by striking out “Veterans’ Administration” each place it appears (other than as amended under paragraphs (1) and (2) and as specified in paragraph (4)) and inserting in lieu thereof “Department”.

40. 1991

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

    Substituted · 38 U.S.C. § 5503(a)(1)(D)

    Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” wherever appearing

    Source evidence

    Code amendment note
    Subsec. (a)(1)(D). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” wherever appearing.

    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.

41. 1991

    Pub. L. 102–83 § 4(a)(3) · 105 Stat. 378

    Substituted · 38 U.S.C. § 5503(a)(1)(D)

    Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration” in two places

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration” in two places.

    Enacted provision · exact public law section
    (3) Such title is further amended by striking out “Veterans’ Administration” each place it appears (other than as amended under paragraphs (1) and (2) and as specified in paragraph (4)) and inserting in lieu thereof “Department”.

42. 1991

    Pub. L. 102–83 § 5(c)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 5503(a)(2)

    Pub. L. 102–83, § 5(c)(1), substituted “1521(b)” and “1521(c)” for “521(b)” and “521(c)”, respectively

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 102–83, § 5(c)(1), substituted “1521(b)” and “1521(c)” for “521(b)” and “521(c)”, respectively.

    Enacted provision · exact public law section
    (1) Each provision of title 38, United States Code, that contains a reference to a section redesignated by subsection (a) is amended so that the reference refers to the section as redesignated.

43. 1991

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

    Substituted · 38 U.S.C. § 5503(a)(2)

    Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–83, § 4(b)(1), (2)(E), 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.

44. 1991

    Pub. L. 102–83 § 4(a)(2)(A)(x) · 105 Stat. 378

    Substituted · 38 U.S.C. § 5503(b)(1)(A)

    Pub. L. 102–83, § 4(a)(2)(A)(x), substituted “Secretary” for “Veterans’ Administration”

    Source evidence

    Code amendment note
    Subsec. (b)(1)(A). Pub. L. 102–83, § 4(a)(2)(A)(x), substituted “Secretary” for “Veterans’ Administration”.

    Enacted provision · exact public law section
    (x) Section 5503(b)(1)(A).

45. 1991

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

    Substituted · 38 U.S.C. § 5503(b)(1)(C); 38 U.S.C. § 5503(b)(1)(2); 38 U.S.C. § 5503(b)(1)(3)

    Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” wherever appearing

    Source evidence

    Code amendment note
    Subsec. (b)(1)(C), (2), (3). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” wherever appearing.

    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.

46. 1991

    Pub. L. 102–83 § 5(c)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 5503(e)

    Pub. L. 102–83, § 5(c)(1), substituted “1114(r)” and “1114” for “314(r)” and “314”, respectively

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 102–83, § 5(c)(1), substituted “1114(r)” and “1114” for “314(r)” and “314”, respectively.

    Enacted provision · exact public law section
    (1) Each provision of title 38, United States Code, that contains a reference to a section redesignated by subsection (a) is amended so that the reference refers to the section as redesignated.

47. 1991

    Pub. L. 102–83 § 4(a)(3) · 105 Stat. 378

    Substituted · 38 U.S.C. § 5503(e)

    Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration”.

    Enacted provision · exact public law section
    (3) Such title is further amended by striking out “Veterans’ Administration” each place it appears (other than as amended under paragraphs (1) and (2) and as specified in paragraph (4)) and inserting in lieu thereof “Department”.

48. 1991

    Pub. L. 102–83 § 5(c)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 5503(f)(1)(B)

    Pub. L. 102–83, § 5(c)(1), substituted “1741(a)” for “641(a)”

    Source evidence

    Code amendment note
    Subsec. (f)(1)(B). Pub. L. 102–83, § 5(c)(1), substituted “1741(a)” for “641(a)”.

    Enacted provision · exact public law section
    (1) Each provision of title 38, United States Code, that contains a reference to a section redesignated by subsection (a) is amended so that the reference refers to the section as redesignated.

49. 1991

    Pub. L. 102–86 title I § 101(a) · 105 Stat. 414

    Substituted · 38 U.S.C. § 5503(a)(1)(C)

    Pub. L. 102–86 substituted “$90” for “$60”

    Source evidence

    Code amendment note
    Subsec. (a)(1)(C). Pub. L. 102–86 substituted “$90” for “$60”.

    Enacted provision · exact public law section
    (a) Technical Correction.— Section 5503(a)(1)(C) is amended by striking out “$60” and inserting in lieu thereof “$90”.

50. 1992

    Veterans’ Benefits Act of 1992

    Pub. L. 102–568 § 601(c) · 106 Stat. 4320

    Inserted · 38 U.S.C. § 5503(a)(1)(B)

    Pub. L. 102–568, § 601(c), inserted at end “Effective through September 30, 1997, any amount in excess of $90 per month to which the veteran would be entitled but for the application of the preceding sentence shall be deposited in a revolving fund at the Department medical facility which furnished the veteran nursing care, and such amount shall be available for obligation without fiscal year limitation to help defray operating expenses of that facility.”

    Source evidence

    Code amendment note
    Subsec. (a)(1)(B). Pub. L. 102–568, § 601(c), inserted at end “Effective through September 30, 1997, any amount in excess of $90 per month to which the veteran would be entitled but for the application of the preceding sentence shall be deposited in a revolving fund at the Department medical facility which furnished the veteran nursing care, and such amount shall be available for obligation without fiscal year limitation to help defray operating expenses of that facility.”

    Enacted provision · exact public law section
    (c) Facility Expenses.— Section 5503(a)(1)(B) is amended by adding at the end thereof the following: “Effective through September 30, 1997, any amount in excess of $90 per month to which the veteran would be entitled but for the application of the preceding sentence shall be deposited in a revolving fund at the Department medical facility which furnished the veteran nursing care, and such amount shall be available for obligation without fiscal year limitation to help defray operating expenses of that facility.”.

51. 1992

    Veterans’ Benefits Act of 1992

    Pub. L. 102–568 § 601(a) · 106 Stat. 4320

    1. Added · 38 U.S.C. § 5503(f)(5); 38 U.S.C. § 5503(f)(6)

       Pub. L. 102–568, § 601(a), added par. (5)

    2. Redesignated · 38 U.S.C. § 5503(f)(5); 38 U.S.C. § 5503(f)(6)

       Pub. L. 102–568, § 601(a), redesignated former par. (5) as (6). Former par. (6) redesignated (7)

    Source evidence

    Code amendment note
    Subsec. (f)(5), (6). Pub. L. 102–568, § 601(a), added par. (5) and redesignated former par. (5) as (6). Former par. (6) redesignated (7).

    Enacted provision · exact public law section
    (a) Reduction in Pension.— Section 5503(f) is amended— (1) by redesignating paragraphs (5) and (6) as paragraph (6) and (7), respectively; and (2) by inserting after paragraph (4) the following new paragraph (5): “(5) The provisions of this subsection shall apply with respect to a surviving spouse having no child in the same manner as they apply to a veteran having neither spouse nor child.”.

52. 1992

    Veterans’ Benefits Act of 1992

    Pub. L. 102–568 § 601(b) · 106 Stat. 4320

    Substituted · 38 U.S.C. § 5503(f)(7)

    Pub. L. 102–568, § 601(b), substituted “1997” for “1992”

    Source evidence

    Code amendment note
    Subsec. (f)(7). Pub. L. 102–568, § 601(b), substituted “1997” for “1992”.

    Enacted provision · exact public law section
    (b) Extension.— Such section is further amended by striking out “September 30, 1992” in paragraph (7) (as redesignated by subsection (a)(1) and inserting in lieu thereof “September 30, 1997”.

53. 1992

    Veterans’ Benefits Act of 1992

    Pub. L. 102–568 § 601(a)(1) · 106 Stat. 4320

    Redesignated · 38 U.S.C. § 5503(f)(7)

    Pub. L. 102–568, § 601(a)(1), redesignated par. (6) as (7)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–568, § 601(a)(1), redesignated par. (6) as (7).

    Enacted provision · exact public law section
    (1) by redesignating paragraphs (5) and (6) as paragraph (6) and (7), respectively; and

54. 1993

    Veterans Reconciliation Act of 1993

    Pub. L. 103–66 title XII § 12005 · 107 Stat. 312

    Substituted · 38 U.S.C. § 5503(f)(7)

    Pub. L. 103–66 substituted “1998” for “1997”

    Source evidence

    Code amendment note
    Subsec. (f)(7). Pub. L. 103–66 substituted “1998” for “1997”.

    Enacted provision · exact public law section
    SEC. 12005. EXTENSION OF LIMITATION ON PENSION FOR CERTAIN RECIPIENTS OF MEDICAID-COVERED NURSING HOME CARE. Section 5503(f)(7) of title 38, United States Code, is amended by striking out “September 30, 1997” and inserting in lieu thereof “September 30, 1998”.

55. 1997

    Balanced Budget Act of 1997

    Pub. L. 105–33 title VIII § 8015 · 111 Stat. 251

    Substituted · 38 U.S.C. § 5503(f)(7)

    Pub. L. 105–33 substituted “September 30, 2002” for “September 30, 1998”

    Source evidence

    Code amendment note
    Subsec. (f)(7). Pub. L. 105–33 substituted “September 30, 2002” for “September 30, 1998”.

    Enacted provision · exact public law section
    SEC. 8015. LIMITATION ON PENSION FOR CERTAIN RECIPIENTS OF MEDICAID-COVERED NURSING HOME CARE. Section 5503(f)(7) of title 38, United States Code, is amended by striking out “September 30, 1998” and inserting in lieu thereof “September 30, 2002”.

56. 1998

    Pub. L. 105–368 title IX § 904(a) · 112 Stat. 3315

    Substituted · 38 U.S.C. § 5503(a)(1)(B)

    Pub. L. 105–368 substituted “Any” for “Effective through September 30, 1997, any” in second sentence

    Source evidence

    Code amendment note
    Subsec. (a)(1)(B). Pub. L. 105–368 substituted “Any” for “Effective through September 30, 1997, any” in second sentence.

    Enacted provision · exact public law section
    (a) In General.— Section 5503(a)(1)(B) is amended by striking “Effective through September 30, 1997, any” in the second sentence and inserting “Any”.

57. 2000

    Veterans Benefits and Health Care Improvement Act of 2000

    Pub. L. 106–419 § 304(1) · 114 Stat. 1822

    1. Substituted · 38 U.S.C. § 5503(b)(1)(A)

       Pub. L. 106–419, § 304(1), substituted “the amount equal to five times the section 1114(j) rate” for “$1,500”

    2. Substituted · 38 U.S.C. § 5503(b)(1)(A)

       Pub. L. 106–419, § 304(1), substituted “one-half that amount” for “$500”

    Source evidence

    Code amendment note
    Subsec. (b)(1)(A). Pub. L. 106–419, § 304(1), substituted “the amount equal to five times the section 1114(j) rate” for “$1,500” and “one-half that amount” for “$500”.

    Enacted provision · exact public law section
    (1) in subparagraph (A)— (A) by striking “$1,500” and inserting “the amount equal to five times the section 1114(j) rate”; and (B) by striking “$500” and inserting “one-half that amount”; and

58. 2000

    Veterans Benefits and Health Care Improvement Act of 2000

    Pub. L. 106–419 § 304(2) · 114 Stat. 1822

    Added · 38 U.S.C. § 5503(b)(1)(D)

    Pub. L. 106–419, § 304(2), added subpar. (D)

    Source evidence

    Code amendment note
    Subsec. (b)(1)(D). Pub. L. 106–419, § 304(2), added subpar. (D).

    Enacted provision · exact public law section
    (2) by adding at the end the following new subparagraph: “(D) For purposes of this paragraph, the term ‘section 1114(j) rate’ means the monthly rate of compensation in effect under section1114(j) of this title for a veteran with a service-connected disability rated as total.”.

59. 2000

    Veterans Benefits and Health Care Improvement Act of 2000

    Pub. L. 106–419 § 402(e) · 114 Stat. 1822

    Substituted · 38 U.S.C. § 5503(f)(7)

    Pub. L. 106–419, § 402(e), substituted “September 30, 2008” for “September 30, 2002”

    Source evidence

    Code amendment note
    Subsec. (f)(7). Pub. L. 106–419, § 402(e), substituted “September 30, 2008” for “September 30, 2002”.

    Enacted provision · exact public law section
    (e) Limitation on Pension for Certain Recipients of Medicaid-Covered Nursing Home Care.— Section 5503(f)(7) is amended by striking “September 30, 2002” and inserting “September 30, 2008”.

60. 2001

    Veterans Education and Benefits Expansion Act of 2001

    Pub. L. 107–103 § 204(a) · 115 Stat. 976

    1. Redesignated · 38 U.S.C. § 5503(b); 38 U.S.C. § 5503(c)

       Pub. L. 107–103, § 204(a), redesignated subsecs. (d) and (e) as (b) and (c), respectively

    2. Struck · 38 U.S.C. § 5503(b); 38 U.S.C. § 5503(c)

       Pub. L. 107–103, § 204(a), struck out former subsecs. (b) and (c), which read as follows:

    Source evidence

    Code amendment note
    Subsecs. (b), (c). Pub. L. 107–103, § 204(a), redesignated subsecs. (d) and (e) as (b) and (c), respectively, and struck out former subsecs. (b) and (c), which read as follows:

    “(b)(1)(A) In any case in which a veteran having neither spouse nor child is being furnished hospital treatment or institutional or domiciliary care without charge or otherwise by the United States, or any political subdivision thereof, is rated by the Secretary in accordance with regulations as being incompetent, and the veteran’s estate (excluding the value of the veteran’s home unless there is no reasonable likelihood that the veteran will again reside in such home), from any source equals or exceeds the amount equal to five times the section 1114(j) rate, further payments of pension, compensation, or emergency officers’ retirement pay shall not be made until the estate is reduced to one-half that amount. “(B) The amount which would be payable but for this paragraph shall be paid to the veteran in a lump sum; however, no payment of a lump sum herein authorized shall be made to the veteran until after the expiration of six months following a finding of competency and in the event of the veterans’ death before payment of such lump sum no part thereof shall be payable. “(C) The Secretary may waive the discontinuance under this paragraph of payments to a veteran with respect to not more than 60 days of care of the veteran during any calendar year if the Secretary determines that the waiver is necessary in order to avoid a hardship for the veteran. Any such waiver shall be made pursuant to regulations which the Secretary shall prescribe. “(D) For purposes of this paragraph, the term ‘section 1114(j) rate’ means the monthly rate of compensation in effect under section 1114(j) of this title for a veteran with a service-connected disability rated as total. “(2) Where any benefit is discontinued by reason of paragraph (1) of this subsection the Secretary may nevertheless apportion and pay to the dependent parents of the veteran on the basis of need all or any part of the benefit which would otherwise be payable to or for such incompetent veteran. Paragraph (1) of this subsection shall not prevent the payment, out of any remaining amounts discontinued under that paragraph, on account of any veteran of so much of the veteran’s pension, compensation, or retirement pay as equals the amount charged to the veteran for the veteran’s current care and maintenance in the institution in which treatment or care is furnished the veteran, but not more than the amount determined by the Secretary to be the proper charge as fixed by any applicable statute or valid administrative regulation. “(3) All or any part of the pension, compensation, or retirement pay payable on account of any incompetent veteran who is being furnished hospital treatment, institutional or domiciliary care may, in the discretion of the Secretary, be paid to the chief officer of the institution wherein the veteran is being furnished such treatment or care, to be properly accounted for by such chief officer and to be used for the benefit of the veteran. “(c) Any veteran subject to the provisions of subsection (b) shall be deemed to be single and without dependents in the absence of satisfactory evidence to the contrary. In no event shall increased compensation, pension, or retirement pay of such veteran be granted for any period more than one year before receipt of satisfactory evidence showing such veteran has a spouse, child, or dependent parent.”

    Enacted provision · exact public law section
    (a) Repeal.— Section 5503 is amended— (1) by striking subsections (b) and (c); and (2) by redesignating subsections (d), (e), and (f) as subsections (b), (c), and (d), respectively.

61. 2001

    Veterans Education and Benefits Expansion Act of 2001

    Pub. L. 107–103 title II § 204(a) · 115 Stat. 976

    1. Redesignated · 38 U.S.C. § 5503(d)

       Pub. L. 107–103, §§ 204(a)(2), 504, redesignated subsec. (f) as (d)

    2. Redesignated · 38 U.S.C. § 5503(d)

       Pub. L. 107–103, §§ 204(a)(2), 504, substituted “September 30, 2011” for “September 30, 2008” in par. (7). Former subsec. (d) redesignated (b)

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 107–103, §§ 204(a)(2), 504, redesignated subsec. (f) as (d) and substituted “September 30, 2011” for “September 30, 2008” in par. (7). Former subsec. (d) redesignated (b).

    Enacted provision · exact public law section
    (a) Repeal.— Section 5503 is amended— (1) by striking subsections (b) and (c); and (2) by redesignating subsections (d), (e), and (f) as subsections (b), (c), and (d), respectively.

62. 2001

    Veterans Education and Benefits Expansion Act of 2001

    Pub. L. 107–103 § 204(a)(2) · 115 Stat. 976

    Redesignated · 38 U.S.C. § 5503(e); 38 U.S.C. § 5503(f)

    Pub. L. 107–103, § 204(a)(2), redesignated subsecs. (e) and (f) as (c) and (d), respectively

    Source evidence

    Code amendment note
    Subsecs. (e), (f). Pub. L. 107–103, § 204(a)(2), redesignated subsecs. (e) and (f) as (c) and (d), respectively.

    Enacted provision · exact public law section
    (2) by redesignating subsections (d), (e), and (f) as subsections (b), (c), and (d), respectively.

63. 2010

    Veterans’ Benefits Act of 2010

    Pub. L. 111–275 § 601(b)(2) · 124 Stat. 2864

    Substituted · 38 U.S.C. § 5503(c)

    Pub. L. 111–275, § 601(b)(2), substituted “in subsection (r) or (t) of section 1114” for “in section 1114(r)”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 111–275, § 601(b)(2), substituted “in subsection (r) or (t) of section 1114” for “in section 1114(r)”.

    Enacted provision · exact public law section
    (2) Conforming amendment.— Section 5503(c) is amended by striking “in section 1114(r)” and inserting “in subsection (r) or (t) of section 1114”.

    Effective date note
    Amendment by section 601(b)(2) of Pub. L. 111–275 effective Oct. 1, 2011, see section 601(c) of Pub. L. 111–275, set out as a note under section 1114 of this title.

64. 2010

    Veterans’ Benefits Act of 2010

    Pub. L. 111–275 § 606 · 124 Stat. 2864

    1. Amended · 38 U.S.C. § 5503(d)(5)

       Pub. L. 111–275, § 606, designated existing provisions as subpar. (A)

    2. Added · 38 U.S.C. § 5503(d)(5)

       Pub. L. 111–275, § 606, added subpar. (B)

    Source evidence

    Code amendment note
    Subsec. (d)(5). Pub. L. 111–275, § 606, designated existing provisions as subpar. (A) and added subpar. (B).

    Enacted provision · exact public law section
    SEC. 606. APPLICABILITY OF LIMITATION TO PENSION PAYABLE TO CERTAIN CHILDREN OF VETERANS OF A PERIOD OF WAR.   Section 5503(d)(5) 38 USC 5503. is amended— (1) by inserting “(A)” after “(5)”; and (2) by adding at the end the following new subparagraph: “(B) The provisions of this subsection shall apply with respect to a child entitled to pension under section 1542 of this title in the same manner as they apply to a veteran having neither spouse nor child.” .

    Effective date note
    Amendment by section 601(b)(2) of Pub. L. 111–275 effective Oct. 1, 2011, see section 601(c) of Pub. L. 111–275, set out as a note under section 1114 of this title.

65. 2010

    Veterans’ Benefits Act of 2010

    Pub. L. 111–275 § 607 · 124 Stat. 2864

    Substituted · 38 U.S.C. § 5503(d)(7)

    Pub. L. 111–275, § 607, substituted “May 31, 2015” for “September 30, 2011”

    Source evidence

    Code amendment note
    Subsec. (d)(7). Pub. L. 111–275, § 607, substituted “May 31, 2015” for “September 30, 2011”.

    Enacted provision · exact public law section
    SEC. 607. EXTENSION OF REDUCED PENSION FOR CERTAIN VETERANS COVERED BY MEDICAID PLANS FOR SERVICES FURNISHED BY NURSING FACILITIES.   Section 5503(d)(7) is amended by striking “September 30, 2011” and inserting “May 31, 2015”.

    Effective date note
    Amendment by section 601(b)(2) of Pub. L. 111–275 effective Oct. 1, 2011, see section 601(c) of Pub. L. 111–275, set out as a note under section 1114 of this title.

66. 2011

    VOW to Hire Heroes Act of 2011

    Pub. L. 112–56 title II § 262 · 125 Stat. 732

    Substituted · 38 U.S.C. § 5503(d)(7)

    Pub. L. 112–56 substituted “September 30, 2016” for “May 31, 2015”

    Source evidence

    Code amendment note
    Subsec. (d)(7). Pub. L. 112–56 substituted “September 30, 2016” for “May 31, 2015”.

    Enacted provision · exact public law section
    SEC. 262. EXTENSION OF REDUCED PENSION FOR CERTAIN VETERANS COVERED BY MEDICAID PLANS FOR SERVICES FURNISHED BY NURSING FACILITIES.   Section 5503(d)(7) of title 38, United States Code, is amended by striking “May 31, 2015” and inserting “September 30, 2016”.

67. 2013

    Dignified Burial and Other Veterans’ Benefits Improvement Act of 2012

    Pub. L. 112–260 title II § 203 · 126 Stat. 2417

    Substituted · 38 U.S.C. § 5503(d)(7)

    Pub. L. 112–260 substituted “November 30, 2016” for “September 30, 2016”

    Source evidence

    Code amendment note
    Subsec. (d)(7). Pub. L. 112–260 substituted “November 30, 2016” for “September 30, 2016”.

    Enacted provision · exact public law section
    SEC. 203. EXTENSION OF REDUCED PENSION FOR CERTAIN VETERANS COVERED BY MEDICAID PLANS FOR SERVICES FURNISHED BY NURSING FACILITIES.   Section 5503(d)(7) of title 38, United States Code, is amended by striking “September 30, 2016” and inserting “November 30, 2016”.

68. 2014

    Veterans Access, Choice, and Accountability Act of 2014

    Pub. L. 113–146 title VII § 703 · 128 Stat. 1754

    Substituted · 38 U.S.C. § 5503(d)(7)

    Pub. L. 113–146 substituted “September 30, 2024” for “November 30, 2016”

    Source evidence

    Code amendment note
    Subsec. (d)(7). Pub. L. 113–146 substituted “September 30, 2024” for “November 30, 2016”.

    Enacted provision · exact public law section
    SEC. 703. EXTENSION OF REDUCTION IN AMOUNT OF PENSION FURNISHED BY DEPARTMENT OF VETERANS AFFAIRS FOR CERTAIN VETERANS COVERED BY MEDICAID PLANS FOR SERVICES FURNISHED BY NURSING FACILITIES.   Section 5503(d)(7) of title 38, United States Code, is amended by striking “November 30, 2016” and inserting “September 30, 2024”.

69. 2017

    VA Choice and Quality Employment Act of 2017

    Pub. L. 115–46 title IV § 401 · 131 Stat. 958

    Substituted · 38 U.S.C. § 5503(d)(7)

    Pub. L. 115–46 substituted “September 30, 2027” for “September 30, 2024”

    Source evidence

    Code amendment note
    Subsec. (d)(7). Pub. L. 115–46 substituted “September 30, 2027” for “September 30, 2024”.

    Enacted provision · exact public law section
    SEC. 401. EXTENSION OF REDUCTION IN AMOUNT OF PENSION FURNISHED BY DEPARTMENT OF VETERANS AFFAIRS FOR CERTAIN VETERANS COVERED BY MEDICAID PLANS FOR SERVICES FURNISHED BY NURSING FACILITIES.   Section 5503(d)(7) of title 38, United States Code, is amended by striking “September 30, 2024” and inserting “September 30, 2027”.

70. 2018

    John S. McCain III, Daniel K. Akaka, and Samuel R. Johnson VA Maintaining Internal Systems and Strengthening Integrated Outside Networks Act of 2018

    Pub. L. 115–182 title V § 509 · 132 Stat. 1393

    Substituted · 38 U.S.C. § 5503(d)(7)

    Pub. L. 115–182 substituted “September 30, 2028” for “September 30, 2027”

    Source evidence

    Code amendment note
    Subsec. (d)(7). Pub. L. 115–182 substituted “September 30, 2028” for “September 30, 2027”.

    Enacted provision · exact public law section
    SEC. 509. EXTENSION OF REDUCTION IN AMOUNT OF PENSION FURNISHED BY DEPARTMENT OF VETERANS AFFAIRS FOR CERTAIN VETERANS COVERED BY MEDICAID PLANS FOR SERVICES FURNISHED BY NURSING FACILITIES.   Section 5503(d)(7) of title 38, United States Code, is amended by striking “September 30, 2027” and inserting “September 30, 2028”.

71. 2021

    Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020

    Pub. L. 116–315 title II § 2013 · 134 Stat. 4932

    Substituted · 38 U.S.C. § 5503(d)(7)

    Pub. L. 116–315 substituted “October 30, 2028” for “September 30, 2028”

    Source evidence

    Code amendment note
    Subsec. (d)(7). Pub. L. 116–315 substituted “October 30, 2028” for “September 30, 2028”.

    Enacted provision · exact public law section
    SEC. 2013. EXTENSION ON CERTAIN LIMITS ON PAYMENTS OF PENSION.   Section 5503(d)(7) of title 38, United States Code, is amended by striking “September 30, 2028” and inserting “October 30, 2028”.

72. 2023

    Veterans Auto and Education Improvement Act of 2022

    Pub. L. 117–333 § 16 · 136 Stat. 6121

    Substituted · 38 U.S.C. § 5503(d)(7)

    Pub. L. 117–333 substituted “November 30, 2031” for “October 30, 2028”

    Source evidence

    Code amendment note
    Subsec. (d)(7). Pub. L. 117–333 substituted “November 30, 2031” for “October 30, 2028”.

    Enacted provision · exact public law section
    SEC. 16. EXTENSION OF CERTAIN LIMITS ON PAYMENTS OF PENSION.   Section 5503(d)(7) of title 38, United States Code, is amended by striking “October 30, 2028” and inserting “November 30, 2031”.

73. 2025

    Pub. L. 119–43 § 4 · 139 Stat. 668

    Substituted · 38 U.S.C. § 5503(d)(7)

    Pub. L. 119–43 substituted “January 31, 2033” for “November 30, 2031”

    Unresolved: Pub. L. 119–43 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (d)(7). Pub. L. 119–43 substituted “January 31, 2033” for “November 30, 2031”.

86 of 93 references resolved to an enrolled provision · 6 partial · 1 unresolved