§5312. Annual adjustment of certain benefit rates — Inbound Citations
38 U.S.C. § 5312
Cited by 20 provisions in release 119-102.
Citations to 38 U.S.C. § 5312 as a whole
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(12) through September 30 of any fiscal year, any increase in income attributable to a cost-of-living adjustment made on or after July 1 of such fiscal year under title II or XVI of the Social Security Act [42 U.S.C. 401 et seq., 1381 et seq.], section 3(a)(1) of the Railroad Retirement Act of 1974 (45 U.S.C. 231b(a)(1)), or section 5312 of title 38, if the household was certified as eligible to participate in the supplemental nutrition assistance program or received an allotment in the month immediately preceding the first month in which the adjustment was effective;
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(3) In no case may dependency and indemnity compensation be paid under paragraph (1) of this subsection to any parent if the annual income of such parent exceeds $13,456, as increased from time to time under section 5312 of this title.
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(3) In no case may dependency and indemnity compensation be paid under paragraph (1) of this subsection to any parent if the annual income of such parent exceeds $13,456, as increased from time to time under section 5312 of this title.
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(3) In no case may dependency and indemnity compensation be paid under this subsection to a parent if the total combined annual income of the parent and such parent’s spouse exceeds $18,087, as increased from time to time under section 5312 of this title.
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(g) The monthly rate of dependency and indemnity compensation payable to a parent shall be increased by $308, as increased from time to time under section 5312 of this title, if such parent is (1) a patient in a nursing home or (2) blind, or so nearly blind or significantly disabled as to need or require the regular aid and attendance of another person.
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(a) The Secretary shall pay to each veteran of a period of war who meets the service requirements of this section (as prescribed in subsection (j) of this section) and who is permanently and totally disabled from non-service-connected disability not the result of the veteran’s willful misconduct, pension at the rate prescribed by this section, as increased from time to time under section 5312 of this title.
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(a) The Secretary shall pay to the surviving spouse of each veteran of a period of war who met the service requirements prescribed in section 1521(j) of this title, or who at the time of death was receiving (or entitled to receive) compensation or retirement pay for a service-connected disability, pension at the rate prescribed by this section, as increased from time to time under section 5312 of this title.
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The Secretary shall pay to each child (1) who is the child of a deceased veteran of a period of war who met the service requirements prescribed in section 1521(j) of this title, or who at the time of death was receiving (or entitled to receive) compensation or retirement pay for a service-connected disability, and (2) who is not in the custody of a surviving spouse eligible for pension under section 1541 of this title, pension at the annual rate of $2,020, as increased from time to time under section 5312 of this title and reduced by the amount of such child’s annual income; or, if such child is residing with a person who is legally responsible for such child’s support, at an annual rate equal to the amount by which the appropriate annual rate provided under section 1541(c) of this title exceeds the sum of the annual income of such child and such person, but in no event may such annual rate of pension exceed the amount by which $2,020, as increased from time to time under section 5312 of this title, exceeds the annual income of such child. The appropriate annual rate under such section 1541(c) for the purposes of the preceding sentence shall be determined in accordance with regulations which the Secretary shall prescribe.
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(3) The amounts of the allowance shall be $200 per month for the lowest level of disability prescribed, $700 per month for the intermediate level of disability prescribed, and $1,200 per month for the highest level of disability prescribed. Such amounts are subject to adjustment under section 5312 of this title.
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(d) Amounts under paragraphs (1), (2)(A), (3)(A), and (4)(A) of subsection (c) shall be subject to adjustment from time to time under section 5312 of this title.
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(A) change in income shall (except as provided in section 5312 of this title) be the last day of the month in which the change occurred; and
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(D) being appointed to manage an estate where the annual amount of veterans benefits to be managed by the proposed fiduciary does not exceed $3,600, as adjusted pursuant to section 5312 of this title.
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In addition to such other reviews of fiduciaries as the Secretary may otherwise conduct, the Secretary shall provide for the periodic onsite review of any person or agency located in the United States that receives the benefits payable under laws administered by the Secretary to another individual pursuant to the appointment of such person or agency as a fiduciary under section 5502(a)(1) of this title in any case in which the fiduciary is serving in that capacity with respect to more than 20 beneficiaries and the total annual amount of such benefits exceeds $50,000, as adjusted pursuant to section 5312 of this title.
Citations to §5312(a)
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(c) Effective on January 1 of each year, the amounts in effect under subsection (b) of this section shall be increased by the percentage by which the maximum rates of pension were increased under section 5312(a) of this title during the preceding calendar year.
Citations to §5312(b)(1)
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(1) Except as provided in paragraph (4) of this subsection, if there is only one parent, the monthly rate of dependency and indemnity compensation paid to such parent shall be $569, as increased from time to time under section 5312(b)(1) of this title and reduced by an amount, based upon the amount of such parent’s annual income, determined in accordance with regulations which the Secretary shall prescribe under section 5312(b)(2) of this title.
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(1) Except as provided in subsection (d) of this section, if there are two parents, but they are not living together, the monthly rate of dependency and indemnity compensation paid to each such parent shall be $412, as increased from time to time under section 5312(b)(1) of this title and reduced by an amount, based upon the amount of such parent’s annual income, determined in accordance with regulations which the Secretary shall prescribe under section 5312(b)(2) of this title.
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(1) If there are two parents who are living together, or if a parent has remarried and is living with such parent’s spouse, the monthly rate of dependency and indemnity compensation paid to such parent shall be $387, as increased from time to time under section 5312(b)(1) of this title and reduced by an amount, based upon the amount of the combined annual income of the parents or the parent and the parent’s spouse, determined in accordance with regulations which the Secretary shall prescribe under section 5312(b)(2) of this title.
Citations to §5312(b)(2)
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(1) Except as provided in paragraph (4) of this subsection, if there is only one parent, the monthly rate of dependency and indemnity compensation paid to such parent shall be $569, as increased from time to time under section 5312(b)(1) of this title and reduced by an amount, based upon the amount of such parent’s annual income, determined in accordance with regulations which the Secretary shall prescribe under section 5312(b)(2) of this title.
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(1) Except as provided in subsection (d) of this section, if there are two parents, but they are not living together, the monthly rate of dependency and indemnity compensation paid to each such parent shall be $412, as increased from time to time under section 5312(b)(1) of this title and reduced by an amount, based upon the amount of such parent’s annual income, determined in accordance with regulations which the Secretary shall prescribe under section 5312(b)(2) of this title.
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(1) If there are two parents who are living together, or if a parent has remarried and is living with such parent’s spouse, the monthly rate of dependency and indemnity compensation paid to such parent shall be $387, as increased from time to time under section 5312(b)(1) of this title and reduced by an amount, based upon the amount of the combined annual income of the parents or the parent and the parent’s spouse, determined in accordance with regulations which the Secretary shall prescribe under section 5312(b)(2) of this title.