
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: 38USC1722]

 
                      TITLE 38--VETERANS' BENEFITS
 
                        PART II--GENERAL BENEFITS
 
    CHAPTER 17--HOSPITAL, NURSING HOME, DOMICILIARY, AND MEDICAL CARE
 
   SUBCHAPTER III--MISCELLANEOUS PROVISIONS RELATING TO HOSPITAL AND 
           NURSING HOME CARE AND MEDICAL TREATMENT OF VETERANS
 
Sec. 1722. Determination of inability to defray necessary 
        expenses; income thresholds
        
    (a) For the purposes of section 1710(a)(2)(G) of this title, a 
veteran shall be considered to be unable to defray the expenses of 
necessary care if--
        (1) the veteran is eligible to receive medical assistance under 
    a State plan approved under title XIX of the Social Security Act (42 
    U.S.C. 1396 et seq.);
        (2) the veteran is in receipt of pension under section 1521 of 
    this title; or
        (3) the veteran's attributable income is not greater than the 
    amount set forth in subsection (b).

    (b)(1) For purposes of subsection (a)(3), the income threshold for 
the calendar year beginning on January 1, 1990, is--
        (A) $17,240 in the case of a veteran with no dependents; and
        (B) $20,688 in the case of a veteran with one dependent, plus 
    $1,150 for each additional dependent.

    (2) For a calendar year beginning after December 31, 1990, the 
amounts in effect for purposes of this subsection shall be the amounts 
in effect for the preceding calendar year as adjusted under subsection 
(c) of this section.
    (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.
    (d)(1) Notwithstanding the attributable income of a veteran, the 
Secretary may refuse to make a determination described in paragraph (2) 
of this subsection if the corpus of the estate of the veteran is such 
that under all the circumstances it is reasonable that some part of the 
corpus of the estate of the veteran be consumed for the veteran's 
maintenance.
    (2) A determination described in this paragraph is a determination 
that for purposes of subsection (a)(3) of this section a veteran's 
attributable income is not greater than the amount determined under 
subsection (b) of this section.
    (3) For the purposes of paragraph (1) of this subsection, the corpus 
of the estate of a veteran shall be determined in the same manner as the 
manner in which determinations are made of the corpus of the estates of 
persons under section 1522 of this title.
    (e)(1) In order to avoid a hardship to a veteran described in 
paragraph (2) of this subsection, the Secretary may deem the veteran to 
have an attributable income during the previous year not greater than 
the amount determined under subsection (b) of this section.
    (2) A veteran is described in this paragraph for the purposes of 
subsection (a) of this section if--
        (A) the veteran has an attributable income greater than the 
    amount determined under subsection (b) of this section; and
        (B) the current projections of such veteran's income for the 
    current year are that the veteran's income for such year will be 
    substantially below the amount determined under subsection (b).

    (f) For purposes of this section:
        (1) The term ``attributable income'' means the income of a 
    veteran for the previous year determined in the same manner as the 
    manner in which a determination is made of the total amount of 
    income by which the rate of pension for such veteran under section 
    1521 of this title would be reduced if such veteran were eligible 
    for pension under that section.
        (2) The term ``corpus of the estate of the veteran'' includes 
    the corpus of the estates of the veteran's spouse and dependent 
    children, if any.
        (3) The term ``previous year'' means the calendar year preceding 
    the year in which the veteran applies for care or services under 
    section 1710(a) of this title.

    (g) For the purposes of section 1724(c) of this title, the fact that 
a veteran is--
        (1) eligible to receive medical assistance under a State plan 
    approved under title XIX of the Social Security Act (42 U.S.C. 1396 
    et seq.);
        (2) a veteran with a service-connected disability; or
        (3) in receipt of pension under any law administered by the 
    Secretary,

shall be accepted as sufficient evidence of such veteran's inability to 
defray necessary expenses.

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1144, Sec. 622; Pub. L. 89-612, 
Sec. 1, Sept. 30, 1966, 80 Stat. 859; Pub. L. 91-500, Sec. 1, Oct. 22, 
1970, 84 Stat. 1096; Pub. L. 94-581, title II, Secs. 202(k), 210(a)(9), 
Oct. 21, 1976, 90 Stat. 2856, 2863; Pub. L. 96-330, title IV, 
Sec. 401(a), Aug. 26, 1980, 94 Stat. 1051; Pub. L. 99-272, title XIX, 
Sec. 19011(c)(1), Apr. 7, 1986, 100 Stat. 376; Pub. L. 100-322, title I, 
Sec. 102(b), May 20, 1988, 102 Stat. 493; Pub. L. 101-508, title VIII, 
Sec. 8013(c), Nov. 5, 1990, 104 Stat. 1388-346; Pub. L. 102-40, title 
IV, Sec. 402(d)(1), May 7, 1991, 105 Stat. 239; renumbered Sec. 1722 and 
amended Pub. L. 102-83, Secs. 4(a)(1), (b)(1), (2)(E), 5(a), (c)(1), 
Aug. 6, 1991, 105 Stat. 403-406; Pub. L. 104-262, title I, 
Sec. 101(d)(9), Oct. 9, 1996, 110 Stat. 3180.)

                       References in Text

    The Social Security Act, referred to in subsecs. (a)(1) and (g)(1), 
is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Title XIX of 
the Social Security Act is classified generally to subchapter XIX 
(Sec. 1396 et seq.) of chapter 7 of Title 42, The Public Health and 
Welfare. For complete classification of this Act to the Code, see 
section 1305 of Title 42 and Tables.


                            Prior Provisions

    Prior section 1722, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1196, 
related to change of program by eligible person, prior to repeal by Pub. 
L. 92-540, title IV, Sec. 402(2), Oct. 24, 1972, 86 Stat. 1090. See 
section 3691 of this title.


                               Amendments

    1996--Subsec. (a). Pub. L. 104-262, Sec. 101(d)(9)(A), substituted 
``section 1710(a)(2)(G)'' for ``section 1710(a)(1)(I)'' in introductory 
provisions.
    Subsec. (f)(3). Pub. L. 104-262, Sec. 101(d)(9)(B), struck out ``or 
1712(f)'' before ``of this title''.
    1991--Pub. L. 102-83, Sec. 5(a), renumbered section 622 of this 
title as this section.
    Subsec. (a). Pub. L. 102-83, Sec. 5(c)(1), substituted 
``1710(a)(1)(I)'' for ``610(a)(1)(I)'' in introductory provisions and 
``1521'' for ``521'' in par. (2).
    Subsec. (c). Pub. L. 102-40 substituted ``5312(a)'' for ``3112(a)''.
    Subsec. (d)(1). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted 
``Secretary'' for ``Administrator''.
    Subsec. (d)(3). Pub. L. 102-83, Sec. 5(c)(1), substituted ``1522'' 
for ``522''.
    Subsec. (e)(1). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted 
``Secretary'' for ``Administrator''.
    Subsec. (f). Pub. L. 102-83, Sec. 5(c)(1), substituted ``1521'' for 
``521'' in par. (1) and ``1710(a) or 1712(f)'' for ``610(a) or 612(f)'' 
in par. (3).
    Subsec. (g). Pub. L. 102-83, Sec. 5(c)(1), substituted ``1724(c)'' 
for ``624(c)'' in introductory provisions.
    Pub. L. 102-83, Sec. 4(a)(1), substituted ``administered by the 
Secretary'' for ``administered by the Veterans' Administration'' in par. 
(3).
    1990--Subsec. (a). Pub. L. 101-508, Sec. 8013(c)(1), designated par. 
(1) as entire subsec. (a), redesignated cls. (A) to (C) as pars. (1) to 
(3), respectively, substituted ``amount set forth in subsection (b)'' 
for ``Category A threshold'' in par. (3), and struck out former par. (2) 
which read as follows: ``For the purposes of section 610(a)(2)(A) of 
this title, a veteran's income level is described in this paragraph if 
the veteran's attributable income is not greater than the Category B 
threshold.''
    Subsec. (b). Pub. L. 101-508, Sec. 8013(c)(2), amended subsec. (b) 
generally. Prior to amendment, subsec. (b) read as follows: ``For the 
purposes of this section:
        ``(1) The Category A threshold--
            ``(A) for the calendar year beginning on January 1, 1986, 
        is--
                ``(i) $15,000 in the case of a veteran with no 
            dependents; and
                ``(ii) $18,000 in the case of a veteran with one 
            dependent, plus $1,000 for each additional dependent; and
            ``(B) for a calendar year beginning after December 31, 1986, 
        is the amount in effect for purposes of this paragraph for the 
        preceding calendar year as adjusted under subsection (c) of this 
        subsection.
        ``(2) The Category B threshold--
            ``(A) for the calendar year beginning on January 1, 1986, 
        is--
                ``(i) $20,000 in the case of a veteran with no 
            dependents; and
                ``(ii) $25,000 in the case of a veteran with one 
            dependent, plus $1,000 for each additional dependent; and
            ``(B) for a calendar year beginning after December 31, 1986, 
        is the amount in effect for purposes of this paragraph for the 
        preceding calendar year as adjusted under subsection (c) of this 
        subsection.''
    Subsec. (c). Pub. L. 101-508, Sec. 8013(c)(3), struck out 
``paragraphs (1) and (2) of'' before ``subsection (b) of this section''.
    Subsec. (d)(2). Pub. L. 101-508, Sec. 8013(c)(4), amended par. (2) 
generally. Prior to amendment, par. (2) read as follows: ``A 
determination described in this paragraph is a determination--
        ``(A) that for the purposes of subsection (a)(1)(C) of this 
    section a veteran's attributable income is not greater than the 
    Category A threshold; or
        ``(B) that for the purposes of subsection (a)(2) of this section 
    a veteran's attributable income is not greater than the Category B 
    threshold.''
    Subsec. (e)(1). Pub. L. 101-508, Sec. 8013(c)(5)(A), substituted 
``the amount determined under subsection (b) of this section'' for ``the 
Category A threshold or the Category B threshold, as appropriate''.
    Subsec. (e)(2). Pub. L. 101-508, Sec. 8013(c)(5)(B), added par. (2) 
and struck out former par. (2) which read as follows:
    ``(A) A veteran is described in this paragraph for the purposes of 
subsection (a)(1) of this section if--
        ``(i) the veteran has an attributable income greater than the 
    Category A threshold; and
        ``(ii) the current projections of such veteran's income for the 
    current year are that the veteran's income for such year will be 
    substantially below such threshold.
    ``(B) A veteran is described in this paragraph for the purposes of 
subsection (a)(2) of this section if--
        ``(i) the veteran has an attributable income greater than the 
    Category B threshold; and
        ``(ii) the current projections of such veteran's income for the 
    current year are that the veteran's income for such year will be 
    substantially below such threshold.''
    1988--Subsec. (g). Pub. L. 100-322 substituted ``section'' for 
``sections 610(b)(2) and''.
    1986--Pub. L. 99-272 amended section generally, revising and 
restating existing provisions as subsec. (g) and adding subsecs. (a) to 
(f).
    1980--Pub. L. 96-330 substituted provisions relating to the facts 
that will be accepted as sufficient evidence of an individual's 
inability to defray necessary expenses for provisions relating to the 
use of statements under oath to establish the inability to defray 
necessary expenses.
    1976--Subsec. (a). Pub. L. 94-581, Sec. 202(k), substituted 
``610(a)(1)(B)'' for ``610(a)(1)'' and ``632(a)(2)'' for ``632(b)''.
    Subsec. (b). Pub. L. 94-581, Sec. 210(a)(9), substituted ``such 
veteran's inability'' for ``his inability''.
    1970--Pub. L. 91-500 designated existing provisions as subsec. (a) 
and added subsec. (b).
    1966--Pub. L. 89-612 inserted reference to section 632(b) of this 
title.


                    Effective Date of 1990 Amendment

    Amendment by Pub. L. 101-508 to remain in effect through the period 
covered by Pub. L. 102-145, see section 111 of Pub. L. 102-145, set out 
as a note under section 1710 of this title.
    Amendment by Pub. L. 101-508 to remain in effect through the period 
covered by Pub. L. 102-109, see section 111 of Pub. L. 102-109, set out 
as a note under section 1710 of this title.
    Amendment by Pub. L. 101-508 applicable with respect to hospital 
care and medical services received after Nov. 5, 1990, see section 
8013(d) of Pub. L. 101-508, as amended, set out as a note under section 
1710 of this title.


                    Effective Date of 1986 Amendment

    Provisions of this section as in effect on the day before Apr. 7, 
1986, applicable with respect to hospital and nursing home care 
furnished on or after July 1, 1986, to veterans furnished such care or 
services on June 30, 1986, but only to the extent that such care is 
furnished with respect to the same episode of care for which it was 
furnished on June 30, 1986, see section 19011(f) of Pub. L. 99-272, set 
out as a note under section 1710 of this title.


                    Effective Date of 1976 Amendment

    Amendment by Pub. L. 94-581 effective Oct. 21, 1976, see section 211 
of Pub. L. 94-581, set out as a note under section 111 of this title.


                  Initial Increase Under Subsection (c)

    Section 19011(c)(3) of Pub. L. 99-272 provided that the first 
increase under subsection (c) of this section, as added by section 
19011(c)(1) of Pub. L. 99-272, was to take effect on Jan. 1, 1987.''

                  Section Referred to in Other Sections

    This section is referred to in sections 1705, 1710 of this title.
