2012 US Code
Title 38 - Veterans Benefits
Part IV - GENERAL ADMINISTRATIVE PROVISIONS (§§ 5100 - 6308)
Chapter 53 - SPECIAL PROVISIONS RELATING TO BENEFITS (§§ 5301 - 5319)
Section 5307 - Apportionment of benefits
Publication Title | United States Code, 2012 Edition, Title 38 - VETERANS BENEFITS |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 38 - VETERANS BENEFITS PART IV - GENERAL ADMINISTRATIVE PROVISIONS CHAPTER 53 - SPECIAL PROVISIONS RELATING TO BENEFITS Sec. 5307 - Apportionment of benefits |
Contains | section 5307 |
Date | 2012 |
Laws in Effect as of Date | January 15, 2013 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1231, §3107; Pub. L. 92-540, title V, §505, Oct. 24, 1972, 86 Stat. 1099; Pub. L. 98-160, title VII, §703(2), Nov. 21, 1983, 97 Stat. 1010; renumbered §5307, Pub. L. 102-40, title IV, §402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 102-83, §4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405. |
Statutes at Large References | 72 Stat. 1231 86 Stat. 1099 97 Stat. 1010 105 Stat. 238, 404 |
Public Law References | Public Law 85-857, Public Law 92-540, Public Law 98-160, Public Law 102-40, Public Law 102-83 |
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(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, §3107; Pub. L. 92–540, title V, §505, Oct. 24, 1972, 86 Stat. 1099; Pub. L. 98–160, title VII, §703(2), Nov. 21, 1983, 97 Stat. 1010; renumbered §5307, Pub. L. 102–40, title IV, §402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 102–83, §4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)
Amendments1991—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, §703(2)(A), substituted “the veteran's spouse” for “his wife”.
Subsec. (a)(2). Pub. L. 98–160, §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, §703(2)(D), substituted “surviving spouse” for “widow” in two places.
Subsec. (c). Pub. L. 98–160, §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 AmendmentAmendment 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.
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