§ 102. — Dependent parents.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 38USC102]
TITLE 38--VETERANS' BENEFITS
PART I--GENERAL PROVISIONS
CHAPTER 1--GENERAL
Sec. 102. Dependent parents
(a) Dependency of a parent, which may arise before or after the
death of a veteran, shall be determined in accordance with regulations
prescribed by the Secretary.
(b) Dependency of a parent shall not be denied (1) solely because of
remarriage, or (2) in any case in any State where the monthly income for
a mother or father does not exceed minimum levels which the Secretary
shall prescribe by regulation, giving due regard to the marital status
of the mother or father and additional members of the family whom the
mother or father is under a moral or legal obligation to support.
(c) For the purposes of this section, in determining monthly income
the Secretary shall not consider any payments under laws administered by
the Secretary because of disability or death or payments of bonus or
similar cash gratuity by any State based upon service in the Armed
Forces.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1109; Pub. L. 89-358,
Sec. 4(e), (f), Mar. 3, 1966, 80 Stat. 24; Pub. L. 92-540, title IV,
Sec. 408, Oct. 24, 1972, 86 Stat. 1092; Pub. L. 94-432, title IV,
Sec. 402, Sept. 30, 1976, 90 Stat. 1372; Pub. L. 99-576, title VII,
Sec. 701(1), Oct. 28, 1986, 100 Stat. 3289; Pub. L. 102-54,
Sec. 14(a)(2), June 13, 1991, 105 Stat. 282; Pub. L. 102-83,
Sec. 4(a)(1), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 403-405.)
Amendments
1991--Subsecs. (a), (b). Pub. L. 102-83, Sec. 4(b)(1), (2)(E),
substituted ``Secretary'' for ``Administrator''.
Subsec. (c). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
``Secretary shall'' for ``Administrator shall''.
Pub. L. 102-83, Sec. 4(a)(1), substituted ``administered by the
Secretary'' for ``administered by the Veterans' Administration''.
Pub. L. 102-54 substituted ``(c)'' for ``(C)'' as subsec.
designation.
1986--Pub. L. 99-576, Sec. 701(1)(B), substituted ``Dependent
parents'' for ``Dependent parents; husbands'' in section catchline.
Subsec. (a). Pub. L. 99-576, Sec. 701(1)(A)(ii), (iii), (v), struck
out par. (1) designation and redesignated par. (2) of subsec. (a) as
subsec. (b) and par. (3) of subsec. (a) as subsec. (C).
Subsec. (b). Pub. L. 99-576, Sec. 701(1)(A)(i), (iii), (iv),
redesignated former subsec. (a)(2) as subsec. (b) and substituted
``(1)'' and ``(2)'' for ``(A)'' and ``(B)'', respectively. Former
subsec. (b), which read ``For the purposes of this title, (1) the term
`wife' includes the husband of any female veteran; and (2) the term
`widow' includes the widower of any female veteran'', was struck out.
Subsec. (c). Pub. L. 99-576, Sec. 701(1)(A)(v), redesignated former
subsec. (a)(3) as subsec. (C) and substituted ``For the purposes of this
section,'' for ``For the purposes of this subsection''.
1976--Subsec. (a)(2). Pub. L. 94-432 substituted prohibition against
denial of dependency of a parent ``(B) in any case in any State where
the monthly income for a mother or father does not exceed minimum levels
which the Administrator shall prescribe by regulation, giving due regard
to the marital status of the mother or father and additional members of
the family whom the mother or father is under a moral or legal
obligation to support'' for such prohibition ``(B) in any case in any
State where the monthly income for a mother or father, not living
together, is not more than $105, or where the monthly income for a
mother and father living together, is not more than $175, plus, in
either case, $45, for each additional member of the family whom the
father or mother is under a moral or legal obligation to support, as
determined by the Administrator''.
1972--Pub. L. 92-540, Sec. 408(2), substituted ``Dependent parents;
husbands'' for ``Dependent parents and dependent husbands'' in section
catchline.
Subsec. (b). Pub. L. 92-540, Sec. 408(1), struck out exception which
made definition of terms inapplicable to chapter 19 of this title and
struck out from definitions of ``wife'' and ``widow'' provisions
relating to the ability of such persons to maintain and support
themselves.
1966--Subsec. (a)(2). Pub. L. 89-358, Sec. 4(e), substituted
``Dependency'' for ``Except for the purposes of chapter 33 of this
title, dependency''.
Subsec. (b). Pub. L. 89-358, Sec. 4(f), struck out from introductory
parenthetical phrase reference to chapter 33 of this title.
Effective Date of 1976 Amendment
Amendment by Pub. L. 94-432 effective Sept. 30, 1976, see section
405(a) of Pub. L. 94-432, set out as a note under section 1521 of this
title.
