38-U.S.C.-5307
§5307 – Apportionment of Benefits
Pathway
Title 38 > Part IV > Chapter 53 > Section 5307
Details
- Reference: Section 5307
- Legend: §5307 – Apportionment of Benefits
- USCode Year: 2013
Provision Content
(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 veterans spouse, children, or dependent parents; and
(2) if the veteran is not living with the veterans spouse, or if the veterans 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 veterans 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 veterans spouse, or if any of the veterans 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.
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1231, §3107; Pub. L. 92–540, title V, §505, Oct. 24, 1972, 86 Stat. 1099; Pub. L. 98–160, title VII, §703(2), Nov. 21, 1983, 97 Stat. 1010; renumbered §5307, Pub. L. 102–40, title IV, §402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 102–83, §4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)
Amendments
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 veterans spouse for his wife.
Subsec. (a)(2). Pub. L. 98–160, §703(2)(A)–(C), substituted the veterans spouse for his wife, the veterans 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 veterans spouse for his wife, the veterans 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.
Effective Date of 1972 Amendment
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.
U.S. Encyclopedia of Law Coverage
38-U.S.C.-5113 in the Legal Encyclopedia: Veterans
In this entry about 38-U.S.C.-5113, 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.
Chapter 53 – Special Provisions Relating To Benefits in the Legal Encyclopedia: Benefits
In this entry about Chapter 53 – Special Provisions Relating To Benefits, 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.
38-U.S.C.-5123 in the Legal Encyclopedia: Administrative Provisions
In this entry about 38-U.S.C.-5123, find legal reference material, bibliographies and premiere content related to administrative provisions in the American Encyclopedia of Law, presenting a comprehensive view of the United States administrative provisions-specific issues, written by authorities in the field.
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