§ 5503. — Hospitalized veterans and estates of incompetent institutionalized veterans.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 38USC5503]
TITLE 38--VETERANS' BENEFITS
PART IV--GENERAL ADMINISTRATIVE PROVISIONS
CHAPTER 55--MINORS, INCOMPETENTS, AND OTHER WARDS
Sec. 5503. Hospitalized veterans and estates of incompetent
institutionalized veterans
(a)(1)(A) Where any veteran having neither spouse nor child is being
furnished domiciliary care by the Department, no pension in excess of
$90 per month shall be paid to or for the veteran for any period after
the end of the third full calendar month following the month of
admission for such care.
(B) Except as provided in subparagraph (D) of this paragraph, where
any veteran having neither spouse nor child is being furnished nursing
home care by the Department, no pension in excess of $90 per month shall
be paid to or for the veteran for any period after the end of the third
full calendar month following the month of admission for such care. Any
amount in excess of $90 per month to which the veteran would be entitled
but for the application of the preceding sentence shall be deposited in
a revolving fund at the Department medical facility which furnished the
veteran nursing care, and such amount shall be available for obligation
without fiscal year limitation to help defray operating expenses of that
facility.
(C) No pension in excess of $90 per month shall be paid to or for a
veteran having neither spouse nor child for any period after the month
in which such veteran is readmitted for care described in subparagraph
(A) or (B) of this paragraph and furnished by the Department if such
veteran is readmitted within six months of a period of care in
connection with which pension was reduced pursuant to subparagraph (A)
or (B) of this paragraph.
(D) In the case of a veteran being furnished nursing home care by
the Department and with respect to whom subparagraph (B) of this
paragraph requires a reduction in pension, such reduction shall not be
made for a period of up to three additional calendar months after the
last day of the third month referred to in such subparagraph if the
Secretary determines that the primary purpose for the furnishing of such
care during such additional period is for the Department to provide such
veteran with a prescribed program of rehabilitation services, under
chapter 17 of this title, designed to restore such veteran's ability to
function within such veteran's family and community. If the Secretary
determines that it is necessary, after such period, for the veteran to
continue such program of rehabilitation services in order to achieve the
purposes of such program and that the primary purpose of furnishing
nursing home care to the veteran continues to be the provision of such
program to the veteran, the reduction in pension required by
subparagraph (B) of this paragraph shall not be made for the number of
calendar months that the Secretary determines is necessary for the
veteran to achieve the purposes of such program.
(2) The provisions of paragraph (1) shall also apply to a veteran
being furnished such care who has a spouse but whose pension is payable
under section 1521(b) of this title. In such a case, the Secretary may
apportion and pay to the spouse, upon an affirmative showing of
hardship, all or any part of the amounts in excess of the amount payable
to the veteran while being furnished such care which would be payable to
the veteran if pension were payable under section 1521(c) of this title.
(b) Notwithstanding any other provision of this section or any other
provision of law, no reduction shall be made in the pension of any
veteran for any part of the period during which the veteran is furnished
hospital treatment, or institutional or domiciliary care, for Hansen's
disease, by the United States or any political subdivision thereof.
(c) Where any veteran in receipt of an aid and attendance allowance
described in section 1114(r) of this title is hospitalized at Government
expense, such allowance shall be discontinued from the first day of the
second calendar month which begins after the date of the veteran's
admission for such hospitalization for so long as such hospitalization
continues. Any discontinuance required by administrative regulation,
during hospitalization of a veteran by the Department, of increased
pension based on need of regular aid and attendance or additional
compensation based on need of regular aid and attendance as described in
subsection (l) or (m) of section 1114 of this title, shall not be
effective earlier than the first day of the second calendar month which
begins after the date of the veterans' admission for hospitalization. In
case a veteran affected by this subsection leaves a hospital against
medical advice and is thereafter admitted to hospitalization within six
months from the date of such departure, such allowance, increased
pension, or additional compensation, as the case may be, shall be
discontinued from the date of such readmission for so long as such
hospitalization continues.
(d)(1) For the purposes of this subsection--
(A) the term ``Medicaid plan'' means a State plan for medical
assistance referred to in section 1902(a) of the Social Security Act
(42 U.S.C. 1396a(a)); and
(B) the term ``nursing facility'' means a nursing facility
described in section 1919 of such Act (42 U.S.C. 1396r), other than
a facility that is a State home with respect to which the Secretary
makes per diem payments for nursing home care pursuant to section
1741(a) of this title.
(2) If a veteran having neither spouse nor child is covered by a
Medicaid plan for services furnished such veteran by a nursing facility,
no pension in excess of $90 per month shall be paid to or for the
veteran for any period after the month of admission to such nursing
facility.
(3) Notwithstanding any provision of title XIX of the Social
Security Act, the amount of the payment paid a nursing facility pursuant
to a Medicaid plan for services furnished a veteran may not be reduced
by any amount of pension permitted to be paid such veteran under
paragraph (2) of this subsection.
(4) A veteran is not liable to the United States for any payment of
pension in excess of the amount permitted under this subsection that is
paid to or for the veteran by reason of the inability or failure of the
Secretary to reduce the veteran's pension under this subsection unless
such inability or failure is the result of a willful concealment by the
veteran of information necessary to make a reduction in pension under
this subsection.
(5) The provisions of this subsection shall apply with respect to a
surviving spouse having no child in the same manner as they apply to a
veteran having neither spouse nor child.
(6) The costs of administering this subsection shall be paid for
from amounts available to the Department of Veterans Affairs for the
payment of compensation and pension.
(7) This subsection expires on September 30, 2011.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1234, Sec. 3203; Pub. L. 86-
146, Secs. 1(b), 2, Aug. 7, 1959, 73 Stat. 298; Pub. L. 86-211, Sec. 6,
Aug. 29, 1959, 73 Stat. 435; Pub. L. 87-544, Sec. 1, July 25, 1962, 76
Stat. 208; Pub. L. 87-556, Sec. 1, July 27, 1962, 76 Stat. 245; Pub. L.
87-645, Sec. 2(b), Sept. 7, 1962, 76 Stat. 441; Pub. L. 88-450,
Sec. 5(a), Aug. 19, 1964, 78 Stat. 504; Pub. L. 89-362, Secs. 1, 2, Mar.
7, 1966, 80 Stat. 30; Pub. L. 91-24, Sec. 10, June 11, 1969, 83 Stat.
34; Pub. L. 92-328, title I, Sec. 104, June 30, 1972, 86 Stat. 394; Pub.
L. 93-177, Sec. 5, Dec. 6, 1973, 87 Stat. 696; Pub. L. 95-588, title
III, Sec. 307, Nov. 4, 1978, 92 Stat. 2510; Pub. L. 96-385, title V,
Sec. 503(b), Oct. 7, 1980, 94 Stat. 1534; Pub. L. 97-66, title VI,
Sec. 602, Oct. 17, 1981, 95 Stat. 1034; Pub. L. 98-160, title VII,
Sec. 703(4), Nov. 21, 1983, 97 Stat. 1010; Pub. L. 98-543, title IV,
Sec. 402(a), Oct. 24, 1984, 98 Stat. 2749; Pub. L. 99-576, title VII,
Sec. 701(77), Oct. 28, 1986, 100 Stat. 3298; Pub. L. 101-237, title I,
Sec. 111(a), Dec. 18, 1989, 103 Stat. 2064; Pub. L. 101-508, title VIII,
Sec. 8003(a), Nov. 5, 1990, 104 Stat. 1388-342; renumbered Sec. 5503 and
amended Pub. L. 102-40, title III, Sec. 304(a), title IV,
Sec. 402(b)(1), May 7, 1991, 105 Stat. 209, 238; Pub. L. 102-83,
Secs. 4(a)(2)(A)(x), (3), (4), (b)(1), (2)(E), 5(c)(1), Aug. 6, 1991,
105 Stat. 403-406; Pub. L. 102-86, title I, Sec. 101(a), Aug. 14, 1991,
105 Stat. 414; Pub. L. 102-568, title VI, Sec. 601(a)-(c), Oct. 29,
1992, 106 Stat. 4341; Pub. L. 103-66, title XII, Sec. 12005, Aug. 10,
1993, 107 Stat. 414; Pub. L. 105-33, title VIII, Sec. 8015, Aug. 5,
1997, 111 Stat. 664; Pub. L. 105-368, title IX, Sec. 904(a), Nov. 11,
1998, 112 Stat. 3361; Pub. L. 106-419, title III, Sec. 304, title IV,
Sec. 402(e), Nov. 1, 2000, 114 Stat. 1853, 1863; Pub. L. 107-103, title
II, Sec. 204(a), title V, Sec. 504, Dec. 27, 2001, 115 Stat. 990, 995.)
References in Text
The Social Security Act, referred to in subsec. (d)(3), is act Aug.
14, 1935, ch. 531, 49 Stat. 620, as amended. Title XIX of the Act is
classified generally to subchapter XIX (Sec. 1396 et seq.) of chapter 7
of Title 42, The Public Health and Welfare. For complete classification
of this Act to the Code, see section 1305 of Title 42 and Tables.
Amendments
2001--Subsecs. (b), (c). Pub. L. 107-103, Sec. 204(a), redesignated
subsecs. (d) and (e) as (b) and (c), respectively, and struck out former
subsecs. (b) and (c), which read as follows:
``(b)(1)(A) In any case in which a veteran having neither spouse nor
child is being furnished hospital treatment or institutional or
domiciliary care without charge or otherwise by the United States, or
any political subdivision thereof, is rated by the Secretary in
accordance with regulations as being incompetent, and the veteran's
estate (excluding the value of the veteran's home unless there is no
reasonable likelihood that the veteran will again reside in such home),
from any source equals or exceeds the amount equal to five times the
section 1114(j) rate, further payments of pension, compensation, or
emergency officers' retirement pay shall not be made until the estate is
reduced to one-half that amount.
``(B) The amount which would be payable but for this paragraph shall
be paid to the veteran in a lump sum; however, no payment of a lump sum
herein authorized shall be made to the veteran until after the
expiration of six months following a finding of competency and in the
event of the veterans' death before payment of such lump sum no part
thereof shall be payable.
``(C) The Secretary may waive the discontinuance under this
paragraph of payments to a veteran with respect to not more than 60 days
of care of the veteran during any calendar year if the Secretary
determines that the waiver is necessary in order to avoid a hardship for
the veteran. Any such waiver shall be made pursuant to regulations which
the Secretary shall prescribe.
``(D) For purposes of this paragraph, the term `section 1114(j)
rate' means the monthly rate of compensation in effect under section
1114(j) of this title for a veteran with a service-connected disability
rated as total.
``(2) Where any benefit is discontinued by reason of paragraph (1)
of this subsection the Secretary may nevertheless apportion and pay to
the dependent parents of the veteran on the basis of need all or any
part of the benefit which would otherwise be payable to or for such
incompetent veteran. Paragraph (1) of this subsection shall not prevent
the payment, out of any remaining amounts discontinued under that
paragraph, on account of any veteran of so much of the veteran's
pension, compensation, or retirement pay as equals the amount charged to
the veteran for the veteran's current care and maintenance in the
institution in which treatment or care is furnished the veteran, but not
more than the amount determined by the Secretary to be the proper charge
as fixed by any applicable statute or valid administrative regulation.
``(3) All or any part of the pension, compensation, or retirement
pay payable on account of any incompetent veteran who is being furnished
hospital treatment, institutional or domiciliary care may, in the
discretion of the Secretary, be paid to the chief officer of the
institution wherein the veteran is being furnished such treatment or
care, to be properly accounted for by such chief officer and to be used
for the benefit of the veteran.
``(c) Any veteran subject to the provisions of subsection (b) shall
be deemed to be single and without dependents in the absence of
satisfactory evidence to the contrary. In no event shall increased
compensation, pension, or retirement pay of such veteran be granted for
any period more than one year before receipt of satisfactory evidence
showing such veteran has a spouse, child, or dependent parent.''
Subsec. (d). Pub. L. 107-103, Secs. 204(a)(2), 504, redesignated
subsec. (f) as (d) and substituted ``September 30, 2011'' for
``September 30, 2008'' in par. (7). Former subsec. (d) redesignated (b).
Subsecs. (e), (f). Pub. L. 107-103, Sec. 204(a)(2), redesignated
subsecs. (e) and (f) as (c) and (d), respectively.
2000--Subsec. (b)(1)(A). Pub. L. 106-419, Sec. 304(1), substituted
``the amount equal to five times the section 1114(j) rate'' for
``$1,500'' and ``one-half that amount'' for ``$500''.
Subsec. (b)(1)(D). Pub. L. 106-419, Sec. 304(2), added subpar. (D).
Subsec. (f)(7). Pub. L. 106-419, Sec. 402(e), substituted
``September 30, 2008'' for ``September 30, 2002''.
1998--Subsec. (a)(1)(B). Pub. L. 105-368 substituted ``Any'' for
``Effective through September 30, 1997, any'' in second sentence.
1997--Subsec. (f)(7). Pub. L. 105-33 substituted ``September 30,
2002'' for ``September 30, 1998''.
1993--Subsec. (f)(7). Pub. L. 103-66 substituted ``1998'' for
``1997''.
1992--Subsec. (a)(1)(B). Pub. L. 102-568, Sec. 601(c), inserted at
end ``Effective through September 30, 1997, any amount in excess of $90
per month to which the veteran would be entitled but for the application
of the preceding sentence shall be deposited in a revolving fund at the
Department medical facility which furnished the veteran nursing care,
and such amount shall be available for obligation without fiscal year
limitation to help defray operating expenses of that facility.''
Subsec. (f)(5), (6). Pub. L. 102-568, Sec. 601(a), added par. (5)
and redesignated former par. (5) as (6). Former par. (6) redesignated
(7).
Subsec. (f)(7). Pub. L. 102-568, Sec. 601(b), substituted ``1997''
for ``1992''.
Pub. L. 102-568, Sec. 601(a)(1), redesignated par. (6) as (7).
1991--Pub. L. 102-40, Sec. 402(b)(1), renumbered section 3203 of
this title as this section.
Subsec. (a)(1)(A), (B). Pub. L. 102-83, Sec. 4(a)(3), (4),
substituted ``Department'' for ``Veterans' Administration''.
Subsec. (a)(1)(C). Pub. L. 102-86 substituted ``$90'' for ``$60''.
Pub. L. 102-83, Sec. 4(a)(3), (4), substituted ``Department'' for
``Veterans' Administration''.
Subsec. (a)(1)(D). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
``Secretary'' for ``Administrator'' wherever appearing.
Pub. L. 102-83, Sec. 4(a)(3), (4), substituted ``Department'' for
``Veterans' Administration'' in two places.
Subsec. (a)(2). Pub. L. 102-83, Sec. 5(c)(1), substituted
``1521(b)'' and ``1521(c)'' for ``521(b)'' and ``521(c)'', respectively.
Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted ``Secretary'' for
``Administrator''.
Subsec. (b)(1)(A). Pub. L. 102-83, Sec. 4(a)(2)(A)(x), substituted
``Secretary'' for ``Veterans' Administration''.
Subsec. (b)(1)(C), (2), (3). Pub. L. 102-83, Sec. 4(b)(1), (2)(E),
substituted ``Secretary'' for ``Administrator'' wherever appearing.
Subsec. (e). Pub. L. 102-83, Sec. 5(c)(1), substituted ``1114(r)''
and ``1114'' for ``314(r)'' and ``314'', respectively.
Pub. L. 102-83, Sec. 4(a)(3), (4), substituted ``Department'' for
``Veterans' Administration''.
Subsec. (f)(1)(B). Pub. L. 102-83, Sec. 5(c)(1), substituted
``1741(a)'' for ``641(a)''.
Pub. L. 102-40, Sec. 304(a), inserted before period at end ``, other
than a facility that is a State home with respect to which the Secretary
makes per diem payments for nursing home care pursuant to section 641(a)
of this title''.
1990--Subsec. (f). Pub. L. 101-508 added subsec. (f).
1989--Subsec. (a)(1). Pub. L. 101-237, Sec. 111(a), substituted
``$90'' for ``$60'' in subpars. (A) and (B), substituted ``third'' for
``second'' in subpar. (A), and struck out ``hospital or'' before
``nursing home care'' wherever appearing in subpars. (B) and (D).
1986--Subsec. (e). Pub. L. 99-576 substituted ``the veteran's'' for
``his'' before ``admission''.
1984--Subsec. (b)(1). Pub. L. 98-543 designated first and second
sentences as subpars. (A) and (B), respectively, and in subpar. (A), as
so designated, substituted ``or'' for the comma after ``treatment'',
struck out ``by reason of mental illness'' after ``as being
incompetent'', inserted ``(excluding the value of the veteran's home
unless there is no reasonable likelihood that the veteran will again
reside in such home),'' after ``the veteran's estate'', and added
subpar. (C).
1983--Subsec. (a)(2). Pub. L. 98-160, Sec. 703(4)(A), (B),
substituted ``spouse'' for ``wife'', and ``the veteran'' for ``him''.
Subsec. (b)(1). Pub. L. 98-160, Sec. 703(4)(A), (C), substituted
``spouse'' for ``wife'' and ``the veteran's'' for ``his''.
Subsec. (b)(2). Pub. L. 98-160, Sec. 703(4)(B), (C), substituted
``the veteran'' for ``him'', and ``the veteran's'' for ``his''.
Subsec. (c). Pub. L. 98-160, Sec. 703(4)(A), substituted ``spouse''
for ``wife''.
Subsec. (d). Pub. L. 98-160, Sec. 703(4)(D), substituted ``the
veteran'' for ``he''.
1981--Subsec. (a)(1)(B). Pub. L. 97-66, Sec. 602(1), substituted
``Except as provided in subparagraph (D) of this paragraph, where'' for
``Where''.
Subsec. (a)(1)(D). Pub. L. 97-66, Sec. 602(2), added subpar. (D).
1980--Subsec. (a)(1)(C). Pub. L. 96-385 substituted ``in connection
with which pension was reduced pursuant to subparagraph (A) or (B) of
this paragraph'' for ``of not less than two full calendar months''.
1978--Subsec. (a)(1). Pub. L. 95-588 revised and restructured par.
(1) and, as so restructured, raised the maximum pension to be paid to a
veteran being furnished institutional care who has neither wife nor
child from $50 per month to $60 per month.
1973--Subsec. (a)(1). Pub. L. 93-177 substituted ``$50'' for
``$30''.
1972--Subsec. (a). Pub. L. 92-328, Sec. 104(a), (b), redesignated
subsec. (d) as (a). Former subsec. (a), which related to payment of
compensation or retirement pay to veterans being furnished hospital
treatment, institutional or domiciliary care by the Veterans'
Administration, was struck out.
Subsec. (b)(1). Pub. L. 92-328, Sec. 104(c), redesignated par. (2)
as (1) and inserted provisions relating to the rating by the Veterans'
Administration of a veteran as incompetent by reason of mental illness
and provisions relating to the payment of a lump sum to the veteran
until after the expiration of six months following the finding of
competency of the veteran. Former par. (1), which related to the payment
of compensation or retirement pay pursuant to the provisions of subsec.
(a) of this section to veterans rated by the Veterans' Administration as
incompetent, was struck out.
Subsec. (b)(2). Pub. L. 92-328, Sec. 104(c), (d), redesignated par.
(3) as (2) and substituted ``(1)'' for ``(2)'' wherever appearing.
Former par. (2) redesignated (1).
Subsec. (b)(3), (4). Pub. L. 92-328, Sec. 104(d), redesignated par.
(4) as (3). Former par. (3) redesignated (2).
Subsec. (c). Pub. L. 92-328, Sec. 104(e), struck out ``(a) or''
after ``subsection''.
Subsec. (d). Pub. L. 92-328, Sec. 104(b), (f), redesignated subsec.
(e) as (d) and struck out ``, compensation, or retirement pay'' after
``pension''. Former subsec. (d) redesignated (a).
Subsecs. (e), (f). Pub. L. 92-328, Sec. 104(f), (g), redesignated
subsecs. (e) and (f) as (d) and (e), respectively.
1969--Subsec. (d)(2). Pub. L. 91-24 substituted ``the amount payable
to the veteran while being furnished such care which would be payable to
him if pension were payable under section 521(c) of this title'' for
``$30 per month which would be payable to the veteran while being
furnished such care if pension were payable to him under section 521(c)
of this title''.
1966--Subsec. (a)(1). Pub. L. 89-362, Sec. 1, limited the
application of the rule requiring immediate reduction of withheld
benefits following discharge against medical advice or as a result of
disciplinary action to situations where the readmission occurs within 6
months following prior termination of the hospitalization or
institutional care.
Subsec. (f). Pub. L. 89-362, Sec. 2, limited the application of the
rule requiring discontinuance of aid and attendance allowance upon
readmission following departure from a hospital against medical advice
to situations where the readmission occurs within 6 months following
prior termination of the hospitalization.
1964--Subsec. (f). Pub. L. 88-450 directed that any discontinuance
required by administrative regulation, during hospitalization of a
veteran by the Veterans' Administration, of increased pension based on
need of regular aid and attendance as described in subsection (l) or (m)
of section 314 of this title, shall not be effective earlier than the
first day of the second calendar month which begins after the date of
the veteran's admission for hospitalization, and authorized
discontinuance of the increased pension or additional compensation of a
veteran upon readmission if he left a hospital against medical advice.
1962--Subsec. (a)(2)(A). Pub. L. 87-544 removed brothers, sisters,
and nondependent parents from the permitted class of beneficiaries.
Subsec. (d)(1). Pub. L. 87-556, Sec. 1(1), limited par. (1) to
veterans having neither wife nor child.
Subsec. (d)(2). Pub. L. 87-556, Sec. 1(2), substituted provisions
making par. (1) applicable to a veteran having a wife but whose pension
is payable under section 521(b) of this title, and in such case,
authorized the Administrator to pay to the wife, upon an affirmative
showing of hardship, all or any part of the amounts in excess of $30 per
month payable to the veteran under section 521(c) of this title, for
provisions which permitted the Administrator, to pay to the wife or
children of a veteran, the balance of the pension he would receive but
for par. (1) of this section.
Subsec. (f). Pub. L. 87-645 added subsec. (f).
1959--Subsec. (a)(1). Pub. L. 86-211, Sec. 6(1), struck out
references to pensions.
Subsec. (a)(2)(B). Pub. L. 86-146, Sec. 1(b), inserted ``under the
last two sentences of section 3202(d) of this title or'' before ``under
this paragraph'' in two places.
Subsec. (b). Pub. L. 86-146, Sec. 2, inserted ``to the veteran'' and
``and in the event of the veterans' death before payment of such lump
sum no part thereof shall be payable'' in par. (1); substituted ``in
which such an incompetent veteran having neither wife nor child is being
furnished hospital treatment, institutional or domiciliary care without
charge or otherwise by the United States, or any political subdivision
thereof, and his estate from any source equals or exceeds $1,500,
further payments of pension, compensation, or emergency officers'
retirement pay'' and ``paragraph'' for ``where the estate of such
incompetent veteran derived from any source equals or exceeds $1,500,
further payments of such benefits (except retired pay, but including
emergency officers' retirement pay'' and ``subsection'' and inserted
``before payment of such lump sum'' in par. (2); added par. (3); and
redesignated former par. (3) as (4).
Subsec. (b)(1). Pub. L. 86-211, Sec. 6(1), struck out reference to
pension of a veteran.
Subsecs. (d), (e). Pub. L. 86-211, Sec. 6(2), (3), added subsec. (d)
and redesignated former subsec. (d) as (e).
Effective Date of 1998 Amendment
Pub. L. 105-368, title IX, Sec. 904(b), Nov. 11, 1998, 112 Stat.
3361, provided that: ``The amendment made by subsection (a) [amending
this section] shall take effect as of October 1, 1997.''
Effective Date of 1992 Amendment
Section 601(d) of Pub. L. 102-568 provided that: ``The amendments
made by subsection (a) [amending this section] shall take effect on
October 1, 1992, and shall apply with respect to months after September
1992. The amendment made by subsection (c) [amending this section] shall
take effect on November 1, 1992, and shall apply with respect to months
after October 1992.''
Effective Date of 1991 Amendments
Section 101(b) of Pub. L. 102-86 provided that: ``The amendment made
by subsection (a) [amending this section] shall take effect as if
contained in section 111 of the Veterans' Benefits Amendments of 1989
(Public Law 101-237; 103 Stat. 2064).''
Section 304(b) of Pub. L. 102-40 provided that: ``The amendment made
by subsection (a) [amending this section] shall apply as if included in
the amendment made by section 8003(a) of the Omnibus Budget
Reconciliation Act of 1990 (Public Law 101-508; 104 Stat. 1388-874).''
Effective Date of 1990 Amendment
Section 8003(b) of Pub. L. 101-508 provided that: ``The amendment
made by subsection (a) [amending this section] shall take effect on
November 1, 1990, or the date of the enactment of this Act [Nov. 5,
1990], whichever is later.''
Effective Date of 1989 Amendment
Section 111(b) of Pub. L. 101-237 provided that: ``The amendments
made by subsection (a) [amending this section] shall take effect on
February 1, 1990.''
Effective Date of 1981 Amendment
Amendment by Pub. L. 97-66 effective Oct. 17, 1981, and applicable
with respect to veterans admitted to a Veterans' Administration hospital
or nursing home on or after such date, see section 701(b)(5) of Pub. L.
97-66, set out as a note under section 1114 of this title.
Effective Date of 1980 Amendment
Amendment by Pub. L. 96-385 effective Oct. 1, 1980, see section
601(b) of Pub. L. 96-385, set out as a note under section 1114 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 1973 Amendment
Amendment by Pub. L. 93-177 effective Jan. 1, 1974, see section 8 of
Pub. L. 93-177, set out as a note under section 1521 of this title.
Effective Date of 1972 Amendment
Amendment by Pub. L. 92-328 effective first day of second calendar
month which begins after June 30, 1972, see section 301(a) of Pub. L.
92-328, set out as a note under section 1114 of this title.
Effective Date of 1964 Amendment
Section 5(b) of Pub. L. 88-450 provided that: ``The amendment made
by this section [amending this section] shall apply only with respect to
compensation or pension based upon need of regular aid and attendance in
the case of veterans admitted for hospitalization on or after the first
day of the second calendar month which begins after the date of
enactment of this Act [Aug. 19, 1964].''
Effective Date of 1962 Amendments
Amendment by Pub. L. 87-645 effective first day of first calendar
month which begins after Sept. 7, 1962, see section 4 of Pub. L. 87-645,
set out as a note under section 1112 of this title.
Section 2(b) of Pub. L. 87-556 provided that: ``The amendments made
by this Act [amending this section] shall take effect on the first day
of the first calendar month which begins more than thirty days after the
date of enactment of this Act [July 27, 1962].''
Effective Date of 1959 Amendments
Amendment by Pub. L. 86-211 effective July 1, 1960, see section 10
of Pub. L. 86-211, set out as a note under section 1521 of this title.
Amendment by Pub. L. 86-146 effective first day of first calendar
month which begins more than ninety days after Aug. 7, 1959, see section
3 of Pub. L. 86-146, set out as a note under section 5502 of this title.
Improvement in Pension Program Administration; Report to Congressional
Committees
Pub. L. 99-166, title I, Sec. 108(d), Dec. 3, 1985, 99 Stat. 947,
provided that (1) in order to improve timeliness of adjustments made
pursuant to subsec. (a) of this section, in amount of pension being paid
to a veteran being furnished nursing home care by Veterans'
Administration, the Chief Medical Director [now Under Secretary for
Health] of the Veterans' Administration was to develop improved
procedures for notifying the Chief Benefits Director [now Under
Secretary for Benefits] of the Veterans' Administration when a veteran
is admitted to a nursing home, and (2) the Administrator was to submit
to Committees on Veterans' Affairs of the Senate and House of
Representatives a report, within 90 days, on development and
implementation of such procedures.
Regulations; Waiver for Hardship Reasons
Section 402(b) of Pub. L. 98-543 directed the Administrator to
prescribe regulations under subsec. (b)(1)(C) of this section not later
than 60 days after Oct. 24, 1984.
Payment of Lump Sum Compensation or Retirement Pay to Veterans Withheld
Pursuant to Provisions in Effect on the Day Before the Effective Date of
Pub. L. 92-328
Section 106 of Pub. L. 92-328 provided that: ``All compensation or
retirement pay which is being withheld pursuant to the provisions of
subsections (a) and (b)(1) of section 3203 [now 5503], title 38, United
States Code, in effect on the day before the effective date of this Act,
shall be paid to the veteran, if competent, in a lump sum. If the
veteran is incompetent, the withheld amounts shall be paid in a lump
sum, or successive lump sums, subject to the $1,500 and $500 limitations
of subsection (b)(1) of such section 3203 [now 5503] as amended by this
Act. If a competent veteran dies before payment is made the withheld
amounts shall be paid according to the order of precedence, and subject
to the time limitation, of subsection (a)(2) of such section 3203 [now
5503] in effect the day before the effective date of this Act. In the
event of the death of an incompetent veteran before payment of all
withheld amounts, no part of the remainder shall be payable.''
[For effective date of Pub. L. 92-328, see Effective Date of 1972
Amendment notes set out under sections 1114, 1134, and 3713 of this
title.]
Applicability of 1966 Amendments to Any Pension Eligibility Which Is
Subject to Veterans' Pension Act of 1959
Section 3 of Pub. L. 89-362 provided that: ``The amendments made by
this Act [amending this section] shall also apply to cases in which
pension eligibility is subject to the provisions of section 9(b) of the
Veterans' Pension Act of 1959 [set out as a note under section 1521 of
this title].''
Applicability of 1962 Amendments to Persons Not Electing Pension Under
Veterans' Act of 1959
Section 2(a) of Pub. L. 87-556 provided that: ``The amendments made
by this Act [amending this section] shall not apply to cases in which
pension is payable pursuant to sections 9(b) and (c) of the Veterans'
Pension Act of 1959 [set out as notes under section 1521 of this
title].''
Section 2 of Pub. L. 87-544 provided that: ``The amendment made by
this Act [amending this section] shall also apply to cases in which
pension eligibility is subject to the provisions of section 9(b) of the
Veterans' Pension Act of 1959 [set out as notes under section 1521 of
this title].''
Section Referred to in Other Sections
This section is referred to in section 1114 of this title.
