US (United States) Code. Title 38. Chapter 55: Minors, incompetents and other wards

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Veterans Benefits. General Administrative Provisions

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-CITE-

38 USC CHAPTER 55 - MINORS, INCOMPETENTS, AND OTHER WARDS 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART IV - GENERAL ADMINISTRATIVE PROVISIONS

CHAPTER 55 - MINORS, INCOMPETENTS, AND OTHER WARDS

-HEAD-

CHAPTER 55 - MINORS, INCOMPETENTS, AND OTHER WARDS

-MISC1-

Sec.

5501. Commitment actions.

5502. Payments to and supervision of fiduciaries.

5503. Hospitalized veterans and estates of incompetent

institutionalized veterans.

5504. Administration of trust funds.

[5505. Repealed.]

AMENDMENTS

1994 - Pub. L. 103-446, title XII, Sec. 1201(g)(4)(B), Nov. 2,

1994, 108 Stat. 4687, struck out item 5505 "Limitation on

compensation payments for certain incompetent veterans".

1991 - Pub. L. 102-40, title IV, Sec. 402(c)(1), May 7, 1991, 105

Stat. 239, renumbered items 3201 to 3205 as 5501 to 5505,

respectively.

1990 - Pub. L. 101-508, title VIII, Sec. 8001(a)(2), Nov. 5,

1990, 104 Stat. 1388-342, added item 3205.

1984 - Pub. L. 98-223, title II, Sec. 207(b)(2), Mar. 2, 1984, 98

Stat. 43, substituted "fiduciaries" for "guardians" in item 3202.

-End-

-CITE-

38 USC Sec. 5501 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART IV - GENERAL ADMINISTRATIVE PROVISIONS

CHAPTER 55 - MINORS, INCOMPETENTS, AND OTHER WARDS

-HEAD-

Sec. 5501. Commitment actions

-STATUTE-

The Secretary may incur necessary court costs and other expenses

incident to proceedings for the commitment of mentally incompetent

veterans to a Department hospital or domiciliary when necessary for

treatment or domiciliary purposes.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1232, Sec. 3201;

renumbered Sec. 5501, Pub. L. 102-40, title IV, Sec. 402(b)(1), May

7, 1991, 105 Stat. 238; amended Pub. L. 102-83, Sec. 4(a)(3), (4),

(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-40 renumbered section 3201 of this title as

this section.

Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for

"Administrator".

Pub. L. 102-83, Sec. 4(a)(3), (4), substituted "Department" for

"Veterans' Administration".

-End-

-CITE-

38 USC Sec. 5502 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART IV - GENERAL ADMINISTRATIVE PROVISIONS

CHAPTER 55 - MINORS, INCOMPETENTS, AND OTHER WARDS

-HEAD-

Sec. 5502. Payments to and supervision of fiduciaries

-STATUTE-

(a)(1) Where it appears to the Secretary that the interest of the

beneficiary would be served thereby, payment of benefits under any

law administered by the Secretary may be made directly to the

beneficiary or to a relative or some other person for the use and

benefit of the beneficiary, regardless of any legal disability on

the part of the beneficiary. Where, in the opinion of the

Secretary, any fiduciary receiving funds on behalf of a Department

beneficiary is acting in such a number of cases as to make it

impracticable to conserve properly the estates or to supervise the

persons of the beneficiaries, the Secretary may refuse to make

future payments in such cases as the Secretary may deem proper.

(2) In a case in which the Secretary determines that a commission

is necessary in order to obtain the services of a fiduciary in the

best interests of a beneficiary, the Secretary may authorize a

fiduciary appointed by the Secretary to obtain from the

beneficiary's estate a reasonable commission for fiduciary services

rendered, but the commission for any year may not exceed 4 percent

of the monetary benefits under laws administered by the Secretary

paid on behalf of the beneficiary to the fiduciary during such

year. A commission may not be authorized for a fiduciary who

receives any other form of remuneration or payment in connection

with rendering fiduciary services on behalf of the beneficiary.

(b) Whenever it appears that any guardian, curator, conservator,

or other person, in the opinion of the Secretary, is not properly

executing or has not properly executed the duties of the trust of

such guardian, curator, conservator, or other person or has

collected or paid, or is attempting to collect or pay, fees,

commissions, or allowances that are inequitable or in excess of

those allowed by law for the duties performed or expenses incurred,

or has failed to make such payments as may be necessary for the

benefit of the ward or the dependents of the ward, then the

Secretary may appear, by the Secretary's authorized attorney, in

the court which has appointed such fiduciary, or in any court

having original, concurrent, or appellate jurisdiction over said

cause, and make proper presentation of such matters. The Secretary,

in the Secretary's discretion, may suspend payments to any such

guardian, curator, conservator, or other person who shall neglect

or refuse, after reasonable notice, to render an account to the

Secretary from time to time showing the application of such

payments for the benefit of such incompetent or minor beneficiary,

or who shall neglect or refuse to administer the estate according

to law. The Secretary may require the fiduciary, as part of such

account, to disclose any additional financial information

concerning the beneficiary (except for information that is not

available to the fiduciary). The Secretary may appear or intervene

by the Secretary's duly authorized attorney in any court as an

interested party in any litigation instituted by the Secretary or

otherwise, directly affecting money paid to such fiduciary under

this section.

(c) Authority is hereby granted for the payment of any court or

other expenses incident to any investigation or court proceeding

for the appointment of any fiduciary or other person for the

purpose of payment of benefits payable under laws administered by

the Secretary or the removal of such fiduciary and appointment of

another, and of expenses in connection with the administration of

such benefits by such fiduciaries, or in connection with any other

court proceeding hereby authorized, when such payment is authorized

by the Secretary.

(d) All or any part of any benefits the payment of which is

suspended or withheld under this section may, in the discretion of

the Secretary, be paid temporarily to the person having custody and

control of the incompetent or minor beneficiary, to be used solely

for the benefit of such beneficiary, or, in the case of an

incompetent veteran, may be apportioned to the dependent or

dependents, if any, of such veteran. Any part not so paid and any

funds of a mentally incompetent or insane veteran not paid to the

chief officer of the institution in which such veteran is a patient

nor apportioned to the veteran's dependent or dependents may be

ordered held in the Treasury to the credit of such beneficiary. All

funds so held shall be disbursed under the order and in the

discretion of the Secretary for the benefit of such beneficiary or

the beneficiary's dependents. Any balance remaining in such fund to

the credit of any beneficiary may be paid to the beneficiary if the

beneficiary recovers and is found competent, or if a minor, attains

majority, or otherwise to the beneficiary's guardian, curator, or

conservator, or, in the event of the beneficiary's death, to the

beneficiary's personal representative, except as otherwise provided

by law; however, payment will not be made to the beneficiary's

personal representative if, under the law of the beneficiary's last

legal residence, the beneficiary's estate would escheat to the

State. In the event of the death of a mentally incompetent or

insane veteran, all gratuitous benefits under laws administered by

the Secretary deposited before or after August 7, 1959, in the

personal funds of patients trust fund on account of such veteran

shall not be paid to the personal representative of such veteran,

but shall be paid to the following persons living at the time of

settlement, and in the order named: The surviving spouse, the

children (without regard to age or marital status) in equal parts,

and the dependent parents of such veteran, in equal parts. If any

balance remains, such balance shall be deposited to the credit of

the applicable current appropriation; except that there may be paid

only so much of such balance as may be necessary to reimburse a

person (other than a political subdivision of the United States)

who bore the expenses of last sickness or burial of the veteran for

such expenses. No payment shall be made under the two preceding

sentences of this subsection unless claim therefor is filed with

the Secretary within five years after the death of the veteran,

except that, if any person so entitled under said two sentences is

under legal disability at the time of death of the veteran, such

five-year period of limitation shall run from the termination or

removal of the legal disability.

(e) Any funds in the hands of a fiduciary appointed by a State

court or the Secretary derived from benefits payable under laws

administered by the Secretary, which under the law of the State

wherein the beneficiary had last legal residence would escheat to

the State, shall escheat to the United States and shall be returned

by such fiduciary, or by the personal representative of the

deceased beneficiary, less legal expenses of any administration

necessary to determine that an escheat is in order, to the

Department, and shall be deposited to the credit of the applicable

revolving fund, trust fund, or appropriation.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1232, Sec. 3202; Pub. L.

86-146, Sec. 1(a), Aug. 7, 1959, 73 Stat. 297; Pub. L. 92-328,

title I, Sec. 105(a), June 30, 1972, 86 Stat. 395; Pub. L. 93-295,

title III, Sec. 301, May 31, 1974, 88 Stat. 183; Pub. L. 97-295,

Sec. 4(77), Oct. 12, 1982, 96 Stat. 1311; Pub. L. 98-223, title II,

Sec. 207(a), (b)(1), Mar. 2, 1984, 98 Stat. 43; Pub. L. 99-576,

title V, Sec. 505, title VII, Sec. 701(76), Oct. 28, 1986, 100

Stat. 3287, 3297; renumbered Sec. 5502 and amended Pub. L. 102-40,

title III, Sec. 305(a), title IV, Sec. 402(b)(1), May 7, 1991, 105

Stat. 210, 238; Pub. L. 102-83, Sec. 4(a)(1), (2)(A)(ix), (3), (4),

(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 403-405.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-40, Sec. 402(b)(1), renumbered section 3202 of

this title as this section.

Subsec. (a)(1). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted

"Secretary" for "Administrator" in four places.

Pub. L. 102-83, Sec. 4(a)(3), (4), substituted "Department" for

"Veterans' Administration".

Pub. L. 102-83, Sec. 4(a)(1), substituted "administered by the

Secretary" for "administered by the Veterans' Administration".

Subsec. (a)(2). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted

"Secretary" for "Administrator" in two places.

Pub. L. 102-83, Sec. 4(a)(2)(A)(ix), substituted "Secretary" for

"Veterans' Administration" before "to obtain".

Pub. L. 102-83, Sec. 4(a)(1), substituted "administered by the

Secretary" for "administered by the Veterans' Administration".

Subsec. (b). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted

"Secretary" for "Administrator" and "Secretary's" for

"Administrator's" wherever appearing.

Subsec. (c). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted

"Secretary" for "Administrator".

Pub. L. 102-83, Sec. 4(a)(1), substituted "administered by the

Secretary" for "administered by the Veterans' Administration".

Subsec. (d). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted

"Secretary" for "Administrator" in two places.

Pub. L. 102-83, Sec. 4(a)(2)(A)(ix), substituted "Secretary" for

"Veterans' Administration" before "within".

Pub. L. 102-83, Sec. 4(a)(1), substituted "administered by the

Secretary" for "administered by the Veterans' Administration".

Pub. L. 102-40, Sec. 305(a), substituted "a patient" for "an

inmate" before "such veteran is".

Subsec. (e). Pub. L. 102-83, Sec. 4(a)(3), (4), substituted

"Department" for "Veterans' Administration" after "to the".

Pub. L. 102-83, Sec. 4(a)(2)(A)(ix), substituted "Secretary" for

"Veterans' Administration" after "or the".

Pub. L. 102-83, Sec. 4(a)(1), substituted "administered by the

Secretary" for "administered by the Veterans' Administration".

1986 - Subsec. (a)(1). Pub. L. 99-576, Sec. 701(76)(A),

substituted "the Administrator" for "he" before "may deem proper".

Subsec. (b). Pub. L. 99-576, Secs. 505, 701(76)(B), substituted

"the trust of such guardian, curator, conservator, or other person"

for "his trust" in first sentence, substituted "the

Administrator's" for "his duly" in first sentence, substituted "the

Administrator's" for "his" in second and third sentences,

substituted "the Administrator" for "himself" in third sentence,

and inserted after second sentence "The Administrator may require

the fiduciary, as part of such account, to disclose any additional

financial information concerning the beneficiary (except for

information that is not available to the fiduciary)."

Subsec. (d). Pub. L. 99-576, Sec. 701(76)(C), substituted "the

veteran's" for "his" in second sentence, substituted "the

beneficiary's" for "his" in third sentence, and in fourth sentence

substituted "the beneficiary" for "him", "the beneficiary" for

"he", and "the beneficiary's" for "his" in six places.

Subsec. (e). Pub. L. 99-576, Sec. 701(76)(D), struck out "his"

before "last legal residence".

1984 - Pub. L. 98-223, Sec. 207(b)(1), substituted "fiduciaries"

for "guardians" in section catchline.

Subsec. (a). Pub. L. 98-223, Sec. 207(a), designated existing

provisions as par. (1) and added par. (2).

1982 - Subsec. (d). Pub. L. 97-295 substituted "August 7, 1959,"

for "the date of enactment of this sentence".

1974 - Subsec. (a). Pub. L. 93-295, Sec. 301(a), among other

changes, substituted provisions authorizing the Administrator,

where it appears to him that the interests of the beneficiary would

be served thereby, to pay benefits directly to the beneficiary or

to a relative or some other person for the use and benefit of the

beneficiary, regardless of any legal disability on the part of the

beneficiary, for provisions which authorized payments to the

guardians, curators, conservators, or persons otherwise legally

vested with the care or estate of the minor or of a person mentally

incompetent or under other legal disability, and eliminated

provisions which permitted payment of benefits direct to the person

entitled thereto prior to receipt of notice that such person is

under a legal disability adjudged by a court, and which permitted

the Administrator to determine the person legally vested with the

care of the claimant or his estate where no guardian, curator or

conservator has been appointed.

Subsec. (c). Pub. L. 93-295, Sec. 301(b), substituted "fiduciary

or other person for the purpose of payment of benefits payable

under laws administered by the Veterans' Administration" for

"guardian, curator, conservator, or other person legally vested

with the care of the claimant or his estate", and "such benefits"

for "such estates".

Subsec. (e). Pub. L. 93-295, Sec. 301(c), substituted "hands of a

fiduciary appointed by a State court or the Veterans'

Administration derived from" for "hands of a guardian, curator,

conservator, or person legally vested with the care of the

beneficiary or his estate, derived from", and "such fiduciary" for

"such guardian, curator, conservator, or person legally vested with

the care of the beneficiary or his estate".

Subsecs. (f), (g). Pub. L. 93-295, Sec. 301(d), repealed subsec.

(f) which permitted the Administrator, in the case of any

incompetent veteran having no guardian, to pay compensation,

pension or retirement pay to the wife of such veteran for the use

of the veteran and his dependents, and subsec. (g) which permitted

payment of death benefits to a widow for herself and child or

children, if any, notwithstanding that she may be a minor.

1972 - Subsec. (d). Pub. L. 92-328 inserted provisions relating

to filing for death benefit payments.

1959 - Subsec. (d). Pub. L. 86-146 provided for payment, upon

death of an incompetent veteran, of gratuitous benefits deposited

in the personal funds of patients trust fund to surviving spouse,

children or parents, for deposit of balance to credit of applicable

current appropriation and for reimbursement of expenses of last

sickness and burial.

EFFECTIVE DATE OF 1974 AMENDMENT

Amendment by Pub. L. 93-295 effective first day of second

calendar month following May 31, 1974, see section 401 of Pub. L.

93-295, set out as a note under section 1114 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 1959 AMENDMENT

Section 3 of Pub. L. 86-146 provided that: "The amendments made

by this Act [amending this section and section 3203 [now 5503] of

this title] shall take effect as of the first day of the first

calendar month which begins more than ninety days after the date of

enactment of this Act [Aug. 7, 1959]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3501 of this title.

-End-

-CITE-

38 USC Sec. 5503 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART IV - GENERAL ADMINISTRATIVE PROVISIONS

CHAPTER 55 - MINORS, INCOMPETENTS, AND OTHER WARDS

-HEAD-

Sec. 5503. Hospitalized veterans and estates of incompetent

institutionalized veterans

-STATUTE-

(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.

-SOURCE-

(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.)

-REFTEXT-

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.

-MISC1-

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]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1114 of this title.

-End-

-CITE-

38 USC Sec. 5504 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART IV - GENERAL ADMINISTRATIVE PROVISIONS

CHAPTER 55 - MINORS, INCOMPETENTS, AND OTHER WARDS

-HEAD-

Sec. 5504. Administration of trust funds

-STATUTE-

All cash balances in the personal funds of patients and the funds

due incompetent beneficiaries trust funds administered by the

Secretary, and all moneys received which are properly for deposit

into these funds, may be deposited, respectively, into deposit fund

accounts with the United States Treasury and such balances and

deposits shall thereupon be available for disbursement for properly

authorized purposes. When any balances have been on deposit with

the Treasurer of the United States for more than one year and

represent moneys belonging to individuals whose whereabouts are

unknown, they shall be transferred and disposed of as directed in

section 1322(a) of title 31.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1235, Sec. 3204; Pub. L.

97-258, Sec. 3(k)(5), Sept. 13, 1982, 96 Stat. 1065; renumbered

Sec. 5504, Pub. L. 102-40, title IV, Sec. 402(b)(1), May 7, 1991,

105 Stat. 238; Pub. L. 102-83, Sec. 4(a)(1), Aug. 6, 1991, 105

Stat. 403.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-40 renumbered section 3204 of this title as

this section.

Pub. L. 102-83 substituted "administered by the Secretary" for

"administered by the Veterans' Administration".

1982 - Pub. L. 97-258 substituted "section 1322(a) of title 31"

for "the last proviso of subsection (a) of section 725s of title

31".

-End-

-CITE-

38 USC Sec. 5505 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART IV - GENERAL ADMINISTRATIVE PROVISIONS

CHAPTER 55 - MINORS, INCOMPETENTS, AND OTHER WARDS

-HEAD-

[Sec. 5505. Repealed. Pub. L. 103-446, title XII, Sec.

1201(g)(4)(A), Nov. 2, 1994, 108 Stat. 4687]

-MISC1-

Section, added Pub. L. 101-508, title VIII, Sec. 8001(a)(1), Nov.

5, 1990, 104 Stat. 1388-341, Sec. 3205; renumbered Sec. 5505, Pub.

L. 102-40, title IV, Sec. 402(b)(1), May 7, 1991, 105 Stat. 238,

related to limitation on compensation payments for certain

incompetent veterans.

-End-