
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 38USC1506]

 
                      TITLE 38--VETERANS' BENEFITS
 
                        PART II--GENERAL BENEFITS
 
CHAPTER 15--PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH OR FOR 
                                 SERVICE
 
                          SUBCHAPTER I--GENERAL
 
Sec. 1506. Resource reports and overpayment adjustments

    As a condition of granting or continuing pension under section 1521, 
1541, or 1542 of this title, the Secretary--
        (1) may require from any person who is an applicant for or a 
    recipient of pension such information, proofs, and evidence as the 
    Secretary determines to be necessary in order to determine the 
    annual income and the value of the corpus of the estate of such 
    person, and of any spouse or child for whom the person is receiving 
    or is to receive increased pension (such a child is hereinafter in 
    this subsection referred to as a ``dependent child''), and, in the 
    case of a child applying for or in receipt of pension under section 
    1542 of this title (hereinafter in this subsection referred to as a 
    ``surviving child''), of any person with whom such child is residing 
    who is legally responsible for such child's support;
        (2) may require that any such applicant or recipient file for a 
    calendar year with the Department (on such form as may be prescribed 
    for such purpose by the Secretary) a report showing--
            (A) the annual income which such applicant or recipient (and 
        any such spouse or dependent child) received during the 
        preceding year, the corpus of the estate of such applicant or 
        recipient (and of any such spouse or dependent child) at the end 
        of such year, and in the case of a surviving child, the income 
        and corpus of the estate of any person with whom such child is 
        residing who is legally responsible for such child's support;
            (B) such applicant's or recipient's estimate for the then 
        current year of the annual income such applicant or recipient 
        (and any such spouse or dependent child) expects to receive and 
        of any expected increase in the value of the corpus of the 
        estate of such applicant or recipient (and for any such spouse 
        or dependent child); and
            (C) in the case of a surviving child, an estimate for the 
        then current year of the annual income of any person with whom 
        such child is residing who is legally responsible for such 
        child's support and of any expected increase in the value of the 
        corpus of the estate of such person;

        (3) shall require that any such applicant or recipient promptly 
    notify the Secretary whenever there is a material change in the 
    annual income of such applicant or recipient (or of any such spouse 
    or dependent child) or a material change in the value of the corpus 
    of the estate of such applicant or recipient (or of any such spouse 
    or dependent child), and in the case of a surviving child, a 
    material change in the annual income or value of the corpus of the 
    estate of any person with whom such child is residing who is legally 
    responsible for such child's support; and
        (4) shall require that any such applicant or recipient applying 
    for or in receipt of increased pension on account of a person who is 
    a spouse or child of such applicant or recipient promptly notify the 
    Secretary if such person ceases to meet the applicable definition of 
    spouse or child.

(Added Pub. L. 86-211, Sec. 2(b), Aug. 29, 1959, 73 Stat. 432, Sec. 506; 
amended Pub. L. 88-664, Sec. 2, Oct. 13, 1964, 78 Stat. 1094; Pub. L. 
91-588, Sec. 6, Dec. 24, 1970, 84 Stat. 1584; Pub. L. 94-169, title I, 
Sec. 106(12)-(14), Dec. 23, 1975, 89 Stat. 1017; Pub. L. 95-588, title 
I, Sec. 103, Nov. 4, 1978, 92 Stat. 2498; Pub. L. 96-466, title VI, 
Sec. 605(c)(2), Oct. 17, 1980, 94 Stat. 2211; renumbered Sec. 1506 and 
amended Pub. L. 102-83, Secs. 4(a)(3), (4), (b)(1), (2)(E), 5(a), 
(c)(1), Aug. 6, 1991, 105 Stat. 404-406; Pub. L. 103-271, Sec. 9(b), 
July 1, 1994, 108 Stat. 743.)


                            Prior Provisions

    Prior section 1506 was renumbered section 3106 of this title.
    Another prior section 1506, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 
1173, authorized Administrator to furnish veterans receiving vocational 
rehabilitation such medical care, treatment, hospitalization, and 
prosthesis as were necessary to accomplish the purposes of chapter 31 of 
this title, prior to the general revision of chapter 31 of this title by 
Pub. L. 96-466. Section 802(a)(3) of Pub. L. 96-466, set out as an 
Effective Date note under section 3100 of this title, provided that this 
prior section 1506 continue in effect until Mar. 31, 1981. See section 
3104 of this title.


                               Amendments

    1994--Par. (2). Pub. L. 103-271, Sec. 9(b)(1), substituted ``may 
require'' for ``shall require'' and ``file for a calendar year'' for 
``file each year'' in introductory provisions.
    Par. (3). Pub. L. 103-271, Sec. 9(b)(2), substituted ``notify the 
Secretary'' for ``file a revised report'', struck out ``estimated'' 
before ``annual income'' in two places, and struck out ``such 
applicant's or recipient's estimate of'' before ``the value of the 
corpus of the estate of such applicant''.
    1991--Pub. L. 102-83, Sec. 5(a), renumbered section 506 of this 
title as this section.
    Pub. L. 102-83, Sec. 5(c)(1), substituted ``1521, 1541, or 1542'' 
for ``521, 541, or 542'' in introductory provisions and ``1542'' for 
``542'' in par. (1).
    Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted ``Secretary'' for 
``Administrator'' in introductory provisions and pars. (1), (2), and 
(4).
    Pub. L. 102-83, Sec. 4(a)(3), (4), substituted ``Department'' for 
``Veterans' Administration'' in par. (2) introductory provisions.
    1980--Pub. L. 96-466 struck out ``(a)'' before ``As a condition'' 
and struck out subsec. (b) which provided that in the event of an 
overpayment of pension under section 521, 541, or 542 of this title, the 
amount thereof be deducted (unless waived) from any future payments made 
thereunder to the person concerned.
    1978--Subsec. (a). Pub. L. 95-588 inserted provision authorizing the 
Administrator to consider the income of a spouse or child prior to 
granting a pension in par. (1), struck out exclusion from filing report 
for a child or person of 72 years of age or more who has been paid a 
pension for two consecutive years in par. (2), required changes in 
income of spouse or dependent child be included in the necessary revised 
income report in par. (3), and added par. (4).
    1975--Subsec. (a). Pub. L. 94-169 substituted ``the Administrator'' 
for ``he'' in par. (1), ``the Administrator'' for ``him'', ``such 
person'' for ``he'' and ``such person's'' for ``his'' wherever 
appearing, in par. (2), and ``such person's'' for ``his'' wherever 
appearing, in par. (3).
    1970--Subsec. (a)(2). Pub. L. 91-588 exempted from filing 
requirements of this section any person who has attained 72 years of age 
and has been paid a pension under sections 521, 541, or 542 of this 
title during two consecutive calendar years.
    1964--Subsec. (a)(2). Pub. L. 88-664 inserted ``, other than a 
child,'' after ``person''.


                    Effective Date of 1980 Amendment

    Amendment by Pub. L. 96-466 effective Oct. 1, 1980, except as 
otherwise specifically provided, see section 802(f) of Pub. L. 96-466, 
set out as a note under section 5314 of this title.


                    Effective Date of 1978 Amendment

    Amendment 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 Amendment

    Section 106 of Pub. L. 94-169 provided that the amendment made by 
that section is effective Jan. 1, 1976.


                    Effective Date of 1970 Amendment

    Amendment by Pub. L. 91-588 effective Jan. 1, 1972, see section 
10(b) of Pub. L. 91-588, set out as a note under section 1521 of this 
title.


                    Effective Date of 1964 Amendment

    Amendment by Pub. L. 88-664 effective Jan. 1, 1965, see section 11 
of Pub. L. 88-664, set out as a note under section 1503 of this title.


                             Effective Date

    Section 10 of Pub. L. 86-211 provided that: ``This Act [see Tables 
for classification] shall take effect on July 1, 1960.''

                  Section Referred to in Other Sections

    This section is referred to in section 1507 of this title.
