38-U.S.C.-1522

38-U.S.C.-1522

§1522 – Net Worth Limitation

Pathway

Title 38 > Part II > Chapter 15 > Subchapter II > Non-Service-Connected Disability Pension – Section 1522

Details

  • Reference: Non-Service-Connected Disability Pension – Section 1522
  • Legend: §1522 – Net Worth Limitation
  • USCode Year: 2013

Provision Content

(a) The Secretary shall deny or discontinue the payment of pension to a veteran under section 1513 or 1521 of this title when the corpus of the estate of the veteran or, if the veteran has a spouse, the corpus of the estates of the veteran and of the veterans spouse is such that under all the circumstances, including consideration of the annual income of the veteran, the veterans spouse, and the veterans children, it is reasonable that some part of the corpus of such estates be consumed for the veterans maintenance.

(b) The Secretary shall deny or discontinue the payment of increased pension under subsection (c), (d), (e), or (f) of section 1521 of this title on account of a child when the corpus of such childs estate is such that under all the circumstances, including consideration of the veterans and spouses income, and the income of the veterans children, it is reasonable that some part of the corpus of such childs estate be consumed for the childs maintenance. During the period such denial or discontinuance remains in effect, such child shall not be considered as the veterans child for purposes of this chapter.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1136, §522; Pub. L. 86–211, §3(b), Aug. 29, 1959, 73 Stat. 434; Pub. L. 95–588, title I, §107, Nov. 4, 1978, 92 Stat. 2502; renumbered §1522 and amended Pub. L. 102–83, §§4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404–406; Pub. L. 107–103, title II, §207(b)(2), Dec. 27, 2001, 115 Stat. 991.)

Amendments

2001—Subsec. (a). Pub. L. 107–103 inserted 1513 or before 1521 of this title.

1991—Pub. L. 102–83, §5(a), renumbered section 522 of this title as this section.

Pub. L. 102–83, §5(c)(1), substituted 1521 for 521 in subsecs. (a) and (b).

Pub. L. 102–83, §4(b)(1), (2)(E), substituted Secretary for Administrator in subsecs. (a) and (b).

1978—Pub. L. 95–588 designated existing provisions as subsec. (a), inserted provisions relating to consideration of the income and estates of the spouse and children of an eligible veteran, and added subsec. (b).

1959—Pub. L. 86–211 substituted provisions requiring the denial or discontinuance of payment of pension when the corpus of the veterans estate is such that under all the circumstances, including consideration of the veterans income, it is reasonable that some part of the corpus be consumed for the veterans maintenance for provisions which prohibited the payment of a pension to any unmarried veteran whose annual income exceeds $1,400 or to any married veteran or any veteran with children whose annual income exceeds $2,700.

Effective Date of 2001 Amendment

Amendment by Pub. L. 107–103 effective Sept. 17, 2001, see section 207(c) of Pub. L. 107–103, set out as an Effective Date note under section 1513 of this title.

Effective Date of 1978 Amendment

Amendment by Pub. L. 95–588 effective Jan. 1, 1979, see section 401 of Pub. L. 95–588, set out as a note under section 101 of this title.

Effective Date of 1959 Amendment

Amendment by Pub. L. 86–211 effective July 1, 1960, see section 10 of Pub. L. 86–211, set out as an Effective Date note under section 1521 of this title.

U.S. Encyclopedia of Law Coverage

38-U.S.C.-1507 in the Legal Encyclopedia: Veterans

In this entry about 38-U.S.C.-1507, 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.

Subpart E – Registration of and Information Concerning Pension, Etc., Plans in the Legal Encyclopedia: Pension

In this entry about Subpart E – Registration of and Information Concerning Pension, Etc., Plans, find legal reference material, bibliographies and premiere content related to pension in the American Encyclopedia of Law, presenting a comprehensive view of the United States pension-specific issues, written by authorities in the field.

38-U.S.C.-1315 in the Legal Encyclopedia: Benefits

In this entry about 38-U.S.C.-1315, 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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