
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: 38USC1543]

 
                      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

    (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, Sec. 543; Pub. L. 86-211, 
Sec. 4, Aug. 29, 1959, 73 Stat. 435; Pub. L. 94-169, title I, 
Sec. 101(2)(E), Dec. 23, 1975, 89 Stat. 1014; Pub. L. 95-588, title I, 
Sec. 111, Nov. 4, 1978, 92 Stat. 2504; renumbered Sec. 1543 and amended 
Pub. L. 102-83, Secs. 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 
Stat. 404-406.)


                               Amendments

    1991--Pub. L. 102-83, Sec. 5(a), renumbered section 543 of this 
title as this section.
    Subsec. (a). Pub. L. 102-83, Sec. 5(c)(1), substituted ``1541'' for 
``541'' in pars. (1) and (2).
    Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted ``Secretary'' for 
``Administrator'' in pars. (1) and (2).
    Subsec. (b). Pub. L. 102-83, Sec. 5(c)(1), substituted ``1542'' for 
``542''.
    Pub. L. 102-83, Sec. 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 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 101 of Pub. L. 94-169 provided that the amendment made by 
that section is effective Jan. 1, 1976.


                    Effective Date of 1959 Amendment

    Amendment 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.
