§ 3.452. Veteran's benefits apportionable.
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/us/cfr/t38/s§ 3.452·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A veteran's benefits may be apportioned when the veteran is receiving hospital treatment, nursing home, or domiciliary care provided by the U.S. or a political subdivision, upon receipt by VA of an application:
(a)Pending appointment of fiduciary. Pending the appointment of a guardian or other fiduciary.
(b)Veteran receiving hospital, domiciliary, or nursing home care---(1) Incompetent veteran---(i) Spouse or child. Where an incompetent veteran without a fiduciary is receiving hospital treatment, nursing home, or domiciliary care provided by the U.S. or a political subdivision, his or her benefit may be apportioned for a spouse or child.
(ii)Dependent parent. Where an incompetent veteran without a fiduciary is receiving hospital treatment, nursing home, or domiciliary care provided by the U.S. or a political subdivision, his or her disability compensation may be apportioned for a dependent parent.
(2)Competent veteran---(i) Section 306 pension. Where the amount of section 306 pension payable to a married veteran is reduced to \$50 monthly under § 3.551 while a veteran is receiving hospital, domiciliary, or nursing home care, an apportionment may be made to such veteran's spouse. The amount of the apportionment generally will be the difference between \$50 and the total amount of pension payable on December 31, 1978.
(ii)Improved pension. Where the amount of improved pension payable to a married veteran under 38 U.S.C. 1521(b) is reduced to \$90 monthly under § 3.551 an apportionment may be made to such veteran's spouse. The amount of the apportionment generally will be the difference between \$90 and the rate payable if pension were being paid under 38 U.S.C. 1521(c), including the additional amount payable under 38 U.S.C. 1521(e) if the veteran is so entitled. (Authority: 38 U.S.C. 501(a), 5307, 5502, 5503(a); Pub. L. 95-588, section 306, 92 Stat. 2497, 2508-2510) \[91 FR 905, Jan. 9, 2026\]
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- Pub. L. 95-588
- 92 Stat. 2497
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§ 3.452
Veteran's benefits apportionable.
Fed. Reg.×2
Pub. L.Pub. L. 95-588
Stat.92 Stat. 2497
Cites 4Cited by 2 across 1 source