2013 US Code
Title 38 - Veterans’ Benefits
Part II - GENERAL BENEFITS (§§ 1101 - 2414)
Chapter 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH OR FOR SERVICE (§§ 1501 - 1562)
Subchapter III - PENSIONS TO SURVIVING SPOUSES AND CHILDREN (§§ 1531 - 1544)
Other Periods of War (§§ 1541 - 1543)
Section 1543 - Net worth limitation
Publication Title | United States Code, 2012 Edition, Supplement 1, 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 II - GENERAL BENEFITS CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH OR FOR SERVICE SUBCHAPTER III - PENSIONS TO SURVIVING SPOUSES AND CHILDREN Other Periods of War Sec. 1543 - Net worth limitation |
Contains | section 1543 |
Date | 2013 |
Laws in Effect as of Date | January 16, 2014 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1138, §543; Pub. L. 86-211, §4, Aug. 29, 1959, 73 Stat. 435; Pub. L. 94-169, title I, §101(2)(E), Dec. 23, 1975, 89 Stat. 1014; Pub. L. 95-588, title I, §111, Nov. 4, 1978, 92 Stat. 2504; renumbered §1543 and amended Pub. L. 102-83, §§4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404-406. |
Statutes at Large References | 72 Stat. 1138 73 Stat. 435 89 Stat. 1014, 1013 92 Stat. 2504 105 Stat. 404-406 |
Public Law References | Public Law 85-857, Public Law 86-211, Public Law 94-169, Public Law 95-588, Public Law 102-83 |
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(a)(1) The Secretary shall deny or discontinue payment of pension to a surviving spouse under section 1541 of this title when the corpus of the estate of the surviving spouse is such that under all the circumstances, including consideration of the income of the surviving spouse and the income of any child from whom the surviving spouse is receiving increased pension, it is reasonable that some part of the corpus of such estate be consumed for the surviving spouse's maintenance.
(2) The Secretary shall deny or discontinue the payment of increased pension under subsection (c), (d), or (e) of section 1541 of this title on account of a child when the corpus of such child's estate is such that under all the circumstances, including consideration of the income of the surviving spouse and such child and the income of any other child for whom the surviving spouse is receiving increased pension, it is reasonable that some part of the corpus of the child's estate be consumed for the child's maintenance. During the period such denial or discontinuance remains in effect, such child shall not be considered as the surviving spouse's child for purposes of this chapter.
(b) The Secretary shall deny or discontinue payment of pension to a child under section 1542 of this title when the corpus of the estate of the child is such that under all the circumstances, including consideration of the income of the child, the income of any person with whom such child is residing who is legally responsible for such child's support, and the corpus of the estate of such person, it is reasonable that some part of the corpus of such estates be consumed for the child's maintenance.
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1138, §543; Pub. L. 86–211, §4, Aug. 29, 1959, 73 Stat. 435; Pub. L. 94–169, title I, §101(2)(E), Dec. 23, 1975, 89 Stat. 1014; Pub. L. 95–588, title I, §111, Nov. 4, 1978, 92 Stat. 2504; renumbered §1543 and amended Pub. L. 102–83, §§4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404–406.)
AMENDMENTS1991—Pub. L. 102–83, §5(a), renumbered section 543 of this title as this section.
Subsec. (a). Pub. L. 102–83, §5(c)(1), substituted "1541" for "541" in pars. (1) and (2).
Pub. L. 102–83, §4(b)(1), (2)(E), substituted "Secretary" for "Administrator" in pars. (1) and (2).
Subsec. (b). Pub. L. 102–83, §5(c)(1), substituted "1542" for "542".
Pub. L. 102–83, §4(b)(1), (2)(E), substituted "Secretary" for "Administrator".
1978—Pub. L. 95–588 designated existing provisions relating to denial or discontinuance of pension payments to surviving spouses as subsec. (a), expanded existing provisions relating to denial or discontinuance of pension payments to children of veterans, and designated such expanded provisions as subsecs. (a)(2) and (b).
1975—Pub. L. 94–169 substituted "surviving spouse" for "widow".
1959—Pub. L. 86–211 substituted provisions requiring the denial or discontinuance of payment of pension to a widow or child when the corpus of the estate of the survivor concerned is such that under all the circumstances, including consideration of income, it is reasonable that some part of the corpus be consumed for the survivor's maintenance for provisions which authorized the payment of a pension to widows of World War II or Korean conflict veterans. See section 1541 of this title.
EFFECTIVE DATE OF 1978 AMENDMENTAmendment 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 1975 AMENDMENTPub. L. 94–169, title I, §101, Dec. 23, 1975, 89 Stat. 1013, provided that the amendment made by that section is effective Jan. 1, 1976.
EFFECTIVE DATE OF 1959 AMENDMENTAmendment 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.
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