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38 U.S.C. § 5309 — Payment of certain withheld benefits
Federal law — U.S. Code and appendices · legal_authorities
**(a)** Any person who, but for [section 5308 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5308&num=0&edition=prelim), was entitled to benefits under any of the laws administered by the Secretary, whose award of benefits was terminated under such section, or whose benefits were not paid pursuant to sections 3329 and 3330 of title 31, and who was not guilty of mutiny, treason, sabotage, or rendering assistance to an enemy of the United States or its allies, shall be paid the full amount of any benefits not paid because of such section 5308, or withheld (including the amount of any checks covered on such person’s account into the Treasury as miscellaneous receipts together with any amount to such person’s credit in the special-deposit account) pursuant to sections 3329 and 3330 of title 31. The Secretary shall certify to the Secretary of the Treasury the amounts of payments which, but for this section, would have been made from the special deposit account, and the Secretary of the Treasury, as directed by the Secretary, shall reimburse the appropriations of the Department from such special deposit account, or cover into the Treasury as miscellaneous receipts the amounts so certified.
**(b)** No payments shall be made for any period before the date claim therefor is filed under this section to any person whose award was terminated, or whose benefits were not paid, before July 1, 1954, because such person was a citizen or subject of Germany or Japan residing in Germany or Japan.
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Stable record: federal_law:legal_authorities:record_usc_b29ebe07ecfe9ecd53b499dd
Source file: Laws/federal/codes/united-states-code/title-38/section-5309-payment-of-certain-withheld-benefits--e02057d685.md
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Source location: Title 38, Chapter 53, § 5309; chapter-053-special-provisions-relating-to-benefits.md
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**(a)** Any person who, but for [section 5308 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5308&num=0&edition=prelim), was entitled to benefits under any of the laws administered by the Secretary, whose award of benefits was terminated under such section, or whose benefits were not paid pursuant to sections 3329 and 3330 of title 31, and who was not guilty of mutiny, treason, sabotage, or rendering assistance to an enemy of the United States or its allies, shall be paid the full amount of any benefits not paid because of such section 5308, or withheld (including the amount of any checks covered on such person’s account into the Treasury as miscellaneous receipts together with any amount to such person’s credit in the special-deposit account) pursuant to sections 3329 and 3330 of title 31. The Secretary shall certify to the Secretary of the Treasury the amounts of payments which, but for this section, would have been made from the special deposit account, and the Secretary of the Treasury, as directed by the Secretary, shall reimburse the appropriations of the Department from such special deposit account, or cover into the Treasury as miscellaneous receipts the amounts so certified.
**(b)** No payments shall be made for any period before the date claim therefor is filed under this section to any person whose award was terminated, or whose benefits were not paid, before July 1, 1954, because such person was a citizen or subject of Germany or Japan residing in Germany or Japan.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** When any alien entitled to gratuitous benefits under laws administered by the Secretary is located in territory of, or under military control of, an enemy of the United States or of any of its allies, any award of such benefits in favor of such alien shall be terminated forthwith.
**(b)** Any alien whose award is terminated under subsection (a) shall not thereafter be entitled to any such gratuitous benefits except upon the filing of a new claim, accompanied by evidence satisfactory to the Secretary showing that such alien was not guilty of mutiny, treason, sabotage, or rendering assistance to such enemy. Except as provided in [section 5309 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5309&num=0&edition=prelim), such gratuitous benefits shall not be paid for any period before the date the new claim is filed.
**(c)** While such alien is located in territory of, or under military control of, an enemy of the United States or of any of its allies, the Secretary, in the Secretary’s discretion, may apportion and pay any part of such benefits to the dependents of such alien. No dependent of such alien shall receive benefits by reason of this subsection in excess of the amount to which the dependent would be entitled if such alien were dead.
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 5308
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Federal law — U.S. Code and appendices · legal_authorities
In any case in which the Secretary has determined under [section 3106(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3106/e&num=0&edition=prelim) that the achievement of a vocational goal by a veteran currently is not reasonably feasible, such veteran shall be entitled, in accordance with the provisions of [section 3120 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3120&num=0&edition=prelim), to a program of independent living services and assistance designed to enable such veteran to achieve maximum independence in daily living.
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3109
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Federal law — U.S. Code and appendices · legal_authorities
Page 1063
TITLE 38—VETERANS’ BENEFITS
§ 5309
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1231, § 3106;
Pub. L. 99–576, title VII, § 701(73), Oct. 28, 1986, 100
Stat. 3297; renumbered § 5306, Pub. L. 102–40, title
IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L.
102–83, § 4(a)(1), Aug. 6, 1991, 105 Stat. 403; Pub. L.
103–446, title V, § 503, Nov. 2, 1994, 108 Stat. 4663.)
Editorial Notes
AMENDMENTS
1994—Subsec. (c). Pub. L. 103–446 added subsec. (c).
1991—Pub. L. 102–40 renumbered section 3106 of this
title as this section.
Subsec. (a). Pub. L. 102–83 substituted ‘‘administered
by the Secretary’’ for ‘‘administered by the Veterans’
Administration’’.
1986—Subsec. (a). Pub. L. 99–576 substituted ‘‘the’’ for
‘‘his’’ before ‘‘right’’ in first sentence.
§ 5307. Apportionment of benefits
(a) All or any part of the compensation, pen-
sion, or emergency officers’ retirement pay pay-
able on account of any veteran may—
(1) if the veteran is being furnished hospital
treatment, institutional, or domiciliary care
by the United States, or any political subdivi-
sion thereof, be apportioned on behalf of the
veteran’s spouse, children, or dependent par-
ents; and
(2) if the veteran is not living with the vet-
eran’s spouse, or if the veteran’s children are
not in the custody of the veteran, be appor-
tioned as may be prescribed by the Secretary.
(b) Where any of the children of a deceased
veteran are not in the custody of the veteran’s
surviving spouse, the pension, compensation, or
dependency and indemnity compensation other-
wise payable to the surviving spouse may be ap-
portioned as prescribed by the Secretary.
(c) If a veteran is not living with the veteran’s
spouse, or if any of the veteran’s children are
not in the custody of the veteran, any subsist-
Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 5309
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