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38 U.S.C. § 1816 — Monetary allowance
Federal law — U.S. Code and appendices · legal_authorities
**(a) Monetary Allowance.—** The Secretary shall pay a monthly allowance to any eligible child for any disability resulting from the covered birth defects of that child.
**(b) Schedule for Rating Disabilities.—**
(1) The amount of the monthly allowance paid under this section shall be based on the degree of disability suffered by the child concerned, as determined in accordance with a schedule for rating disabilities resulting from covered birth defects that is prescribed by the Secretary.
(2) In prescribing a schedule for rating disabilities for the purposes of this section, the Secretary shall establish four levels of disability upon which the amount of the allowance provided by this section shall be based. The levels of disability established may take into account functional limitations, including limitations on cognition, communication, motor abilities, activities of daily living, and employability.
**(c) Amount of Monthly Allowance.—** The amount of the monthly allowance paid under this section shall be as follows:
(1) In the case of a child suffering from the lowest level of disability prescribed in the schedule for rating disabilities under subsection (b), $100.
(2) In the case of a child suffering from the lower intermediate level of disability prescribed in the schedule for rating disabilities under subsection (b), the greater of—
(A) $214; or
(B) the monthly amount payable under [section 1805(b)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1805/b/3&num=0&edition=prelim) for the lowest level of disability prescribed for purposes of that section.
(3) In the case of a child suffering from the higher intermediate level of disability prescribed in the schedule for rating disabilities under subsection (b)
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Source file: Laws/federal/codes/united-states-code/title-38/section-1816-monetary-allowance--8f800b92c3.md
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Source location: Title 38, Chapter 18, § 1816; chapter-018-benefits-for-children-of-vietnam-veterans-and-certain-other-veterans.md
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**(a) Monetary Allowance.—** The Secretary shall pay a monthly allowance to any eligible child for any disability resulting from the covered birth defects of that child.
**(b) Schedule for Rating Disabilities.—**
(1) The amount of the monthly allowance paid under this section shall be based on the degree of disability suffered by the child concerned, as determined in accordance with a schedule for rating disabilities resulting from covered birth defects that is prescribed by the Secretary.
(2) In prescribing a schedule for rating disabilities for the purposes of this section, the Secretary shall establish four levels of disability upon which the amount of the allowance provided by this section shall be based. The levels of disability established may take into account functional limitations, including limitations on cognition, communication, motor abilities, activities of daily living, and employability.
**(c) Amount of Monthly Allowance.—** The amount of the monthly allowance paid under this section shall be as follows:
(1) In the case of a child suffering from the lowest level of disability prescribed in the schedule for rating disabilities under subsection (b), $100.
(2) In the case of a child suffering from the lower intermediate level of disability prescribed in the schedule for rating disabilities under subsection (b), the greater of—
(A) $214; or
(B) the monthly amount payable under [section 1805(b)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1805/b/3&num=0&edition=prelim) for the lowest level of disability prescribed for purposes of that section.
(3) In the case of a child suffering from the higher intermediate level of disability prescribed in the schedule for rating disabilities under subsection (b), the greater of—
(A) $743; or
(B) the monthly amount payable under [section 1805(b)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1805/b/3&num=0&edition=prelim) for the intermediate level of disability prescribed for purposes of that section.
(4) In the case of a child suffering from the highest level of disability prescribed in the schedule for rating disabilities under subsection (b), the greater of—
(A) $1,272; or
(B) the monthly amount payable under [section 1805(b)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1805/b/3&num=0&edition=prelim) for the highest level of disability prescribed for purposes of that section.
**(d) Indexing to Social Security Benefit Increases.—** Amounts under paragraphs (1), (2)(A), (3)(A), and (4)(A) of subsection (c) shall be subject to adjustment from time to time under [section 5312 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5312&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Whenever there is an increase in benefit amounts payable under title II of the Social Security Act ([42 U.S.C. 401](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section401&num=0&edition=prelim) et seq.) as a result of a determination made under section 215(i) of such Act ([42 U.S.C. 415(i)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section415/i&num=0&edition=prelim)), the Secretary shall, effective on the date of such increase in benefit amounts, increase each maximum annual rate of pension under sections 1521, 1541, and 1542 of this title, the rate of increased pension paid under such sections 1521 and 1541 on account of children, and each rate of monthly allowance paid under [section 1805 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1805&num=0&edition=prelim), as such rates were in effect immediately prior to the date of such increase in benefit amounts payable under title II of the Social Security Act, by the same percentage as the percentage by which such benefit amounts are increased.
**(b)**
(1) Whenever there is an increase in benefit amounts payable under title II of the Social Security Act ([42 U.S.C. 401](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section401&num=0&edition=prelim) et seq.) as a result of a determination made under section 215(i) of such Act ([42 U.S.C. 415(i)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section415/i&num=0&edition=prelim)), the Secretary shall, effective on the date of such increase in benefit amounts, increase the maximum monthly rates of dependency and indemnity compensation for parents payable under subsections (b), (c), and (d), and the monthly rate provided in subsecti
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 5312
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) In the event of default in the payment of any loan guaranteed under this chapter, the holder of the loan shall notify the Secretary of such default. Upon receipt of such notice, the Secretary may, subject to subsection (c) of this section, pay to such holder the guaranty not in excess of the pro rata portion of the amount originally guaranteed. Except as provided in [section 3703(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3703/e&num=0&edition=prelim), if the Secretary makes such a payment, the Secretary shall be subrogated to the rights of the holder of the loan to the extent of the amount paid on the guaranty.
(2)
(A) The Secretary may, under terms and conditions determined by the Secretary—
(i) pay the holder of a loan guaranteed under this chapter an amount necessary to avoid the foreclosure of such loan;
(ii) require the holder of the loan and the veteran obligated on the loan to execute all documents necessary to ensure the Secretary obtains a secured interest in the property covered by the loan; and
(iii) require the holder of the loan to take any actions necessary to carry out this paragraph, including preparing, executing, transmitting, receiving, and recording documents, and requiring the holder of the loan to place the loan in forbearance.
(B) In the event that a housing loan guaranteed under this chapter is modified under the authority provided under [section 1322(b) of title 11](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section1322/b&num=0&edition=prelim), the Secretary may pay the holder of the housing loan the unpaid principal balance of the housing loan due, plus accrued interest, as of the date of the filing of the petition under title 11, but
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3732
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) Of the number of purchases made during any fiscal year of real property acquired by the Secretary as the result of a default on a loan guaranteed under this chapter for a purpose described in [section 3710(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3710/a&num=0&edition=prelim), not more than 65 percent, nor less than 50 percent, of such purchases may be financed by a loan made by the Secretary. The maximum percentage stated in the preceding sentence may be increased to 80 percent for any fiscal year if the Secretary determines that such an increase is necessary in order to maintain the effective functioning of the loan guaranty program.
(2) After September 30, 1990, the percentage limitations described in paragraph (1) of this subsection shall have no effect.
(3) The Secretary may, beginning on October 1, 1990, sell any note evidencing a loan referred to in paragraph (1)—
(A) with recourse; or
(B) without recourse, but only if the amount received is equal to an amount which is not less than the unpaid balance of such loan.
(4)
(A) Except as provided in subparagraph (B), the amount of a loan made by the Secretary to finance the purchase of real property from the Secretary described in paragraph (1) may not exceed an amount equal to 95 percent of the purchase price of such real property.
(B)
(i) The Secretary may waive the provisions of subparagraph (A) in the case of any loan described in paragraph (5).
(ii) A loan described in subparagraph (A) may, to the extent the Secretary determines to be necessary in order to market competitively the property involved, exceed 95 percent of the purchase price.
(5) The Secretary may include, as part of a loan to finance a purchase of real proper
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3733
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Federal law — U.S. Code and appendices · legal_authorities
Page 492
TITLE 38—VETERANS’ BENEFITS
§ 1816
mediate level of disability prescribed for
purposes of that section.
(4) In the case of a child suffering from the
highest level of disability prescribed in the
schedule for rating disabilities under sub-
section (b), the greater of—
(A) $1,272; or
(B) the monthly amount payable under
section 1805(b)(3) of this title for the highest
level of disability prescribed for purposes of
that section.
(d) INDEXING TO SOCIAL SECURITY BENEFIT IN-
CREASES.—Amounts under paragraphs (1), (2)(A),
(3)(A), and (4)(A) of subsection (c) shall be sub-
ject to adjustment from time to time under sec-
tion 5312 of this title.
(Added Pub. L. 106–419, title IV, § 401(a), Nov. 1,
2000, 114 Stat. 1858.)
Editorial Notes
PRIOR PROVISIONS
A prior section 1815 was renumbered section 3703(a)(2)
of this title.
§ 1816. Regulations
The Secretary shall prescribe regulations for
purposes of the administration of this sub-
chapter.
(Added Pub. L. 106–419, title IV, § 401(a), Nov. 1,
2000, 114 Stat. 1859.)
Editorial Notes
PRIOR PROVISIONS
A prior section 1816 was renumbered sections 3732 and
3733 of this title.
Prior sections 1817 and 1817A were renumbered sec-
tions 3713 and 3714 of this title, respectively.
A prior section 1818, added Pub. L. 89–358, § 5(a), Mar.
3, 1966, 80 Stat. 25; amended Pub. L. 91–506, § 2(e), Oct. 23,
1970, 84 Stat. 1108; Pub. L. 93–569, § 8(6), (7), Dec. 31, 1974,
88 Stat. 1866, 1867; Pub. L. 94–324, § 4, June 30, 1976, 90
Stat. 720; Pub. L. 95–476, title I, § 106(a), Oct. 18, 1978, 92
Stat. 1499; Pub. L. 97–72, title III, § 303(g), Nov. 3, 1981,
95 Stat. 1060; Pub. L. 97–295, § 4(66), Oct. 12, 1982, 96 Stat.
1310, related to service after Jan. 31, 1955, and prior to
Aug. 5, 1964, or after May 7, 1975, prior
Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 1816
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.