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38 U.S.C. § 3109 — Entitlement to independent living services and assistance

Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 3109 — Entitlement to independent living services and assistance

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.

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Stable record: federal_law:legal_authorities:record_usc_b3e8e8422e03067e34b11558
Source file: Laws/federal/codes/united-states-code/title-38/section-3109-entitlement-to-independent-living-services-and-assistance--61dc58d3bf.md
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Passage SHA-256: 696f29625dc99913437d193f3a7cc31d9b340b7ecb815d8c4964296b388679f8

Source location: Title 38, Chapter 31, § 3109; chapter-031-training-and-rehabilitation-for-veterans-with-service-connected-disabilities.md

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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.

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 3120 — Program of independent living services and assistance

**(a)** The Secretary may, under contracts with entities described in subsection (f) of this section, or through facilities of the Veterans Health Administration, which possess a demonstrated capability to conduct programs of independent living services for severely handicapped persons, provide, under regulations which the Secretary shall prescribe, programs of independent living services and assistance under this chapter, in various geographic regions of the United States, to veterans described in subsection (b) of this section. **(b)** A program of independent living services and assistance may be made available under this section only to a veteran who has a serious employment handicap resulting in substantial part from a service-connected disability described in [section 3102(1)(A)(i) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3102/1/A/i&num=0&edition=prelim) and with respect to whom it is determined under section 3106(d) or (e) of this title that the achievement of a vocational goal currently is not reasonably feasible. **(c)** The Secretary shall, to the maximum extent feasible, include among those veterans who are provided with programs of independent living services and assistance under this section substantial numbers of veterans described in subsection (b) of this section who are receiving long-term care in Department of Veterans Affairs hospitals and nursing homes and in nursing homes with which the Secretary contracts for the provision of care to veterans. **(d)** A program of independent living services and assistance for a veteran shall consist of such services described in [section 3104(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3104/a&num=0&edition=prelim

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 3100 — Purposes

The purposes of this chapter are to provide for all services and assistance necessary to enable veterans with service-connected disabilities to achieve maximum independence in daily living and, to the maximum extent feasible, to become employable and to obtain and maintain suitable employment.

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 5309 — Payment of certain withheld benefits

**(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.

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 5309

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 1508 — Frequency of payment of pension benefits

**(a)** Except as provided under subsection (b) of this section, benefits under sections 1521, 1541, and 1542 of this title shall be paid monthly. **(b)** Under regulations which the Secretary shall prescribe, benefits under sections 1521, 1541, and 1542 of this title may be paid less frequently than monthly if the amount of the annual benefit is less than 4 percent of the maximum annual rate payable to a veteran under [section 1521(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1521/b&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1508

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 3109 — Entitlement to independent living serv-

Page 699 TITLE 38—VETERANS’ BENEFITS § 3110 Subsec. (h). Pub. L. 101–237, § 423(b)(1)(B), substituted ‘‘Department of Veterans Affairs’’ for ‘‘Veterans’ Ad- ministration’’. 1984—Subsec. (b). Pub. L. 98–543 increased the month- ly rehabilitation subsistence allowance for eligible vet- erans in column II from $282, $212, $141, $246, $282, $282, $212, and $141 to $310, $233, $155, $271, $310, $310, $233, and $155; in column III from $349, $262, $175, $297, $349, $349, $262, and $175 to $384, $288, $193, $323, $384, $384, $288, and $193; in column IV from $411, $308, $206, $343, $411, $411, $308, and $206 to $452, $339, $227, $377, $452, $452, $339, and $227; in column V from $30, $23, $15, $22, $30, $30, $23, and $15 to $33, $25, $17, $24, $33, $33, $25, and $17, respectively. Subsec. (f)(1)(A), (B). Pub. L. 98–525 inserted ref- erences to chapter 30 of this title. 1982—Subsec. (g)(2). Pub. L. 97–306 inserted ‘‘not’’ after ‘‘shall’’ and struck out ‘‘if the Administrator de- termines that all the veteran’s living expenses are being defrayed by a Federal, State, or local govern- ment’’ at end. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2012 AMENDMENT Amendment by Pub. L. 112–154 effective on the date that is one year after Aug. 6, 2012, see section 701(g) of Pub. L. 112–154, set out as an Effective Date note under section 2109 of this title. EFFECTIVE DATE OF 2011 AMENDMENT Pub. L. 111–377, title II, § 205(b), Jan. 4, 2011, 124 Stat. 4126, provided that: ‘‘The amendment made by this sec- tion [amending this section] shall take effect on Au- gust 1, 2011.’’ EFFECTIVE DATE OF 1992 AMENDMENT Pub. L. 102–568, title IV, § 405(c), Oct. 29, 1992, 106 Stat. 4339, provided that: ‘‘The amendments made by sub- sections (a) and (b) [amending this s

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