§ 5317. Use of income information from other agencies: notice and verification

1,226 words·~6 min read·/usc/title-38/section-5317

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(a)The Secretary shall notify each applicant for a benefit or service described in subsection

(c)of this section that income information furnished by the applicant to the Secretary may be compared with information obtained by the Secretary from the Commissioner of Social Security or the Secretary of the Treasury under section 6103(l)(7)(D)(viii) of the Internal Revenue Code of 1986. The Secretary shall periodically transmit to recipients of such benefits and services additional notifications of such matters.

(b)The Secretary may not, by reason of information obtained from the Commissioner of Social Security or the Secretary of the Treasury under section 6103(l)(7)(D)(viii) of the Internal Revenue Code of 1986, terminate, deny, suspend, or reduce any benefit or service described in subsection

(c)of this section until the Secretary takes appropriate steps to verify independently information relating to the following:

(1)The amount of the asset or income involved.

(2)Whether such individual actually has (or had) access to such asset or income for the individual’s own use.

(3)The period or periods when the individual actually had such asset or income.

(c)The benefits and services described in this subsection are the following:

(1)Needs-based pension benefits provided under chapter 15 of this title or under any other law administered by the Secretary.

(2)Parents’ dependency and indemnity compensation provided under section 1315 of this title.

(3)Health-care services furnished under subsections (a)(2)(G), (a)(3), and

(b)of section 1710 of this title.

(4)Compensation paid under chapter 11 of this title at the 100 percent rate based solely on unemployability and without regard to the fact that the disability or disabilities are not rated as 100 percent disabling under the rating schedule.

(d)In the case of compensation described in subsection (c)(4) of this section, the Secretary may independently verify or otherwise act upon wage or self-employment information referred to in subsection

(b)of this section only if the Secretary finds that the amount and duration of the earnings reported in that information clearly indicate that the individual may no longer be qualified for a rating of total disability.

(e)The Secretary shall inform the individual of the findings made by the Secretary on the basis of verified information under subsection

(b)of this section, and shall give the individual an opportunity to contest such findings, in the same manner as applies to other information and findings relating to eligibility for the benefit or service involved.

(f)The Secretary shall pay the expenses of carrying out this section from amounts available to the Department for the payment of compensation and pension.

(g)The authority of the Secretary to obtain information from the Secretary of the Treasury or the Commissioner of Social Security under section 6103(l)(7)(D)(viii) of the Internal Revenue Code of 1986 expires on September 30, 2030.

(Added Pub. L. 101–508, title VIII, § 8051(b)(1), Nov. 5, 1990, 104 Stat. 1388–350, § 3117; renumbered § 5317, Pub. L. 102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; amended Pub. L. 102–83, § 5(c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102–568, title VI, § 602(a), Oct. 29, 1992, 106 Stat. 4342; Pub. L. 103–66, title XII, § 12004, Aug. 10, 1993, 107 Stat. 414; Pub. L. 104–262, title I, § 101(e)(3), Oct. 9, 1996, 110 Stat. 3181; Pub. L. 105–33, title VIII, § 8014, Aug. 5, 1997, 111 Stat. 664;

Pub. L. 106–419, title IV, § 402(d), Nov. 1, 2000, 114 Stat. 1863; Pub. L. 108–183, title VII, § 708(c)(3), Dec. 16, 2003, 117 Stat. 2674; Pub. L. 110–389, title VIII, § 802, Oct. 10, 2008, 122 Stat. 4185; Pub. L. 112–37, § 16, Oct. 5, 2011, 125 Stat. 398; Pub. L. 112–56, title II, § 264, Nov. 21, 2011, 125 Stat. 732; Pub. L. 113–146, title VII, § 706, Aug. 7, 2014, 128 Stat. 1798; Pub. L. 115–46, title IV, § 403, Aug. 12, 2017, 131 Stat. 970; Pub. L. 116–315, title II, § 2012, Jan. 5, 2021, 134 Stat. 4980.)

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