2012 US Code
Title 37 - Pay and Allowances of the Uniformed Services
Chapter 7 - ALLOWANCES OTHER THAN TRAVEL AND TRANSPORTATION ALLOWANCES (§§ 401 - 439)
Section 439 - Special compensation: members of the uniformed services with catastrophic injuries or illnesses requiring assistance in everyday living
Publication Title | United States Code, 2012 Edition, Title 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES CHAPTER 7 - ALLOWANCES OTHER THAN TRAVEL AND TRANSPORTATION ALLOWANCES Sec. 439 - Special compensation: members of the uniformed services with catastrophic injuries or illnesses requiring assistance in everyday living |
Contains | section 439 |
Date | 2012 |
Laws in Effect as of Date | January 15, 2013 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Added Pub. L. 111-84, div. A, title VI, §603(a), Oct. 28, 2009, 123 Stat. 2348; amended Pub. L. 111-383, div. A, title VI, §634, Jan. 7, 2011, 124 Stat. 4241. |
Statutes at Large References | 123 Stat. 2348 124 Stat. 4241 |
Public Law References | Public Law 111-84, Public Law 111-383 |
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(a)
(b)
(1) has a catastrophic injury or illness that was incurred or aggravated in the line of duty;
(2) has been certified by a licensed physician to be in need of assistance from another person to perform the personal functions required in everyday living;
(3) in the absence of the provision of such assistance, would require hospitalization, nursing home care, or other residential institutional care; and
(4) meets such other criteria, if any, as the Secretary of Defense (or the Secretary of Homeland Security, with respect to the Coast Guard) prescribes for purposes of this section.
(c)
(1) The monthly amount of aid and attendance payable under section 1114(r)(2) of title 38.
(2) Upon the establishment by the Secretary of Veterans Affairs pursuant to subparagraph (C) of section 1720G(a)(3) of title 38 of the schedule of monthly personal caregiver stipends under the Department of Veterans Affairs program of comprehensive assistance for family caregivers under subparagraph (A)(ii)(V) of such section, the monthly personal caregiver stipend payable with respect to similarly circumstanced veterans under such schedule, rather than the amount specified in paragraph (1).
(d)
(1) The last day of the month during which a 90-day period ends that begins on the date of the separation or retirement of the member.
(2) The last day of the month during which the member dies.
(3) The last day of the month during which the member is determined to be no longer afflicted with the catastrophic injury or illness referred to in subsection (b)(1).
(4) The last day of the month preceding the month during which the member begins receiving compensation under section 1114(r)(2) of title 38.
(e)
(f)
(2) The Secretary of Defense shall ensure that a member eligible to receive special monthly compensation under this section is aware that the member's eligibility for such compensation will expire pursuant to subsection (d)(1) after the end of the 90-day period that begins on the date of the separation or retirement of the member even though the member has not begun to receive compensation under section 1114(r)(2) of title 38 before the end of such period.
(g)
(1) personal or mechanical assistance to leave home or bed; or
(2) constant supervision to avoid physical harm to self or others.
(h)
(Added Pub. L. 111–84, div. A, title VI, §603(a), Oct. 28, 2009, 123 Stat. 2348; amended Pub. L. 111–383, div. A, title VI, §634, Jan. 7, 2011, 124 Stat. 4241.)
Amendments2011—Subsec. (c). Pub. L. 111–383 amended subsec. (c) generally. Prior to amendment, subsec. (c) related to the amount of monthly special compensation payable to a member under subsec. (a).
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