38-U.S.C.-1805
§1805 – Monetary Allowance
Pathway
Title 38 > Part II > Chapter 18 > Subchapter I > Section 1805
Details
- Reference: Section 1805
- Legend: §1805 – Monetary Allowance
- USCode Year: 2013
Provision Content
(a) The Secretary shall pay a monthly allowance under this section to any child of a Vietnam veteran for any disability resulting from spina bifida suffered by such child.
(b)(1) The amount of the allowance paid to a child under this section shall be based on the degree of disability suffered by the child, as determined in accordance with such schedule for rating disabilities resulting from spina bifida as the Secretary may prescribe.
(2) The Secretary shall, in prescribing the rating schedule for the purposes of this section, establish three levels of disability upon which the amount of the allowance provided by this section shall be based.
(3) The amounts of the allowance shall be $200 per month for the lowest level of disability prescribed, $700 per month for the intermediate level of disability prescribed, and $1,200 per month for the highest level of disability prescribed. Such amounts are subject to adjustment under section 5312 of this title.
(Added Pub. L. 104–204, title IV, §421(b)(1), Sept. 26, 1996, 110 Stat. 2925; amended Pub. L. 106–419, title IV, §401(c)(2), (e)(2), Nov. 1, 2000, 114 Stat. 1860.)
Prior Provisions
A prior section 1805 was renumbered section 3705 of this title.
Amendments
2000—Subsec. (a). Pub. L. 106–419, §401(e)(2), substituted this section for this chapter.
Subsecs. (c), (d). Pub. L. 106–419, §401(c)(2), struck out subsecs. (c) and (d) which read as follows:
(c) Notwithstanding any other provision of law, receipt by a child of an allowance under this section shall not impair, infringe, or otherwise affect the right of the child to receive any other benefit to which the child may otherwise be entitled under any law administered by the Secretary, nor shall receipt of such an allowance impair, infringe, or otherwise affect the right of any individual to receive any benefit to which the individual is entitled under any law administered by the Secretary that is based on the childs relationship to the individual.
(d) Notwithstanding any other provision of law, the allowance paid to a child under this section shall not be considered income or resources in determining eligibility for or the amount of benefits under any Federal or federally assisted program.
Effective Date of 2000 Amendment
Amendment by Pub. L. 106–419 effective on the first day of the first month beginning more than one year after Nov. 1, 2000, see section 401(g) of Pub. L. 106–419, set out as an Effective Date note under section 1811 of this title.
U.S. Encyclopedia of Law Coverage
Subchapter VIII – Health Care of Persons Other Than Veterans in the Legal Encyclopedia: Veterans
In this entry about Subchapter VIII – Health Care of Persons Other Than Veterans, find legal reference material, bibliographies and premiere content related to veterans in the American Encyclopedia of Law, presenting a comprehensive view of the United States veterans-specific issues, written by authorities in the field.
22-U.S.C.-1645M in the Legal Encyclopedia: Vietnam
In this entry about 22-U.S.C.-1645M, find legal reference material, bibliographies and premiere content related to vietnam in the American Encyclopedia of Law, presenting a comprehensive view of the United States vietnam-specific issues, written by authorities in the field.
38-U.S.C.-1805 in the Legal Encyclopedia: Children
In this entry about 38-U.S.C.-1805, find legal reference material, bibliographies and premiere content related to children in the American Encyclopedia of Law, presenting a comprehensive view of the United States children-specific issues, written by authorities in the field.
38-U.S.C.-1801 in the Legal Encyclopedia: Benefits
In this entry about 38-U.S.C.-1801, find legal reference material, bibliographies and premiere content related to benefits in the American Encyclopedia of Law, presenting a comprehensive view of the United States benefits-specific issues, written by authorities in the field.
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