---
kind: "section"
citation: "38 U.S.C. § 5313A"
title: "38"
title_heading: "Veterans’ Benefits"
number: "5313A"
heading: "Limitation on payment of clothing allowance to incarcerated veterans"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/38/5313A"
units:
  - "Part IV — General Administrative Provisions"
  - "Chapter 53 — Special Provisions Relating to Benefits"
---

# §5313A. Limitation on payment of clothing allowance to incarcerated veterans


In the case of a [veteran](/usc/38/101.md?p=2) who is incarcerated in a Federal, [State](/usc/38/101.md?p=20), local, or other penal institution or correctional facility for a period in excess of 60 days and who is furnished clothing without charge by the institution, the amount of any annual clothing allowance payable to the [veteran](/usc/38/101.md?p=2) under [section 1162 of this title](/usc/38/1162.md) shall be reduced by an amount equal to <sup>1</sup>⁄<sub>365</sub> of the amount of the allowance otherwise payable under that section for each day on which the [veteran](/usc/38/101.md?p=2) was so incarcerated during the 12-month period preceding the date on which payment of the allowance would be due. This section shall be carried out under regulations prescribed by the [Secretary](/usc/38/101.md?p=1).


## Source credit

(Added Pub. L. 104–275, title V, § 502(a), Oct. 9, 1996, 110 Stat. 3341; amended Pub. L. 109–461, title X, § 1002(g), Dec. 22, 2006, 120 Stat. 3465.)

## Notes

### Editorial Notes

### Amendments

2006—Pub. L. 109–461 substituted “local, or other penal institution or correctional facility” for “or local penal institution”.