2018 US Code
Title 38 - Veterans' Benefits
Part IV - General Administrative Provisions
Chapter 53 - Special Provisions Relating to Benefits
Sec. 5307 - Apportionment of benefits
| 38 U.S.C. § 5307 (2018) |
| §5307. Apportionment of benefits |
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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. |
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(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.) |
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AMENDMENTS
1991—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. |
| United States Code, 2018 Edition, Title 38 - VETERANS' BENEFITS |
| Bills and Statutes |
| United States Code |
| Y 1.2/5: |
| Title 38 - VETERANS' BENEFITS PART IV - GENERAL ADMINISTRATIVE PROVISIONS CHAPTER 53 - SPECIAL PROVISIONS RELATING TO BENEFITS Sec. 5307 - Apportionment of benefits |
| section 5307 |
| 2018 |
| January 14, 2019 |
| Yes |
| standard |
| 72 Stat. 1231 86 Stat. 1099 97 Stat. 1010 105 Stat. 238, 404 |
| Public Law 85-857, Public Law 92-540, Public Law 98-160, Public Law 102-40, Public Law 102-83 |
