§ 5307. — Apportionment of benefits.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 38USC5307]
TITLE 38--VETERANS' BENEFITS
PART IV--GENERAL ADMINISTRATIVE PROVISIONS
CHAPTER 53--SPECIAL PROVISIONS RELATING TO BENEFITS
Sec. 5307. Apportionment of benefits
(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
veteran's spouse, children, or dependent parents; and
(2) if the veteran is not living with the veteran's spouse, or
if the veteran's 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 veteran's 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 veteran's spouse, or if any
of the veteran's 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, Sec. 3107; Pub. L. 92-
540, title V, Sec. 505, Oct. 24, 1972, 86 Stat. 1099; Pub. L. 98-160,
title VII, Sec. 703(2), Nov. 21, 1983, 97 Stat. 1010; renumbered
Sec. 5307, Pub. L. 102-40, title IV, Sec. 402(b)(1), May 7, 1991, 105
Stat. 238; Pub. L. 102-83, Sec. 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, Sec. 703(2)(A), substituted
``the veteran's spouse'' for ``his wife''.
Subsec. (a)(2). Pub. L. 98-160, Sec. 703(2)(A)-(C), substituted
``the veteran's spouse'' for ``his wife'', ``the veteran's children''
for ``his children'', and ``the custody of the veteran'' for ``his
custody''.
Subsec. (b). Pub. L. 98-160, Sec. 703(2)(D), substituted ``surviving
spouse'' for ``widow'' in two places.
Subsec. (c). Pub. L. 98-160, Sec. 703(2)(A)-(C), (E), substituted
``the veteran's spouse'' for ``his wife'', ``the veteran's 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.
Section Referred to in Other Sections
This section is referred to in section 5313 of this title.
