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38 U.S.C. § 5317 — Use of income information from other agencies: notice and verification

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

38 U.S.C. § 5317 — Use of income information from other agencies: notice and verification

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Stable record: federal_law:legal_authorities:record_usc_debfa46a6c7adfcb8505b987
Source file: Laws/federal/codes/united-states-code/title-38/section-5317-use-of-income-information-from-other-agencies-notice-and-verification--8eeb57d35f.md
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Source location: Title 38, Chapter 53, § 5317; chapter-053-special-provisions-relating-to-benefits.md

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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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1315&num=0&edition=prelim). (3) Health-care services furnished under subsections (a)(2)(G), (a)(3), and (b) of [section 1710 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1710&num=0&edition=prelim). (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.

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

38 U.S.C. § 1710 — Eligibility for hospital, nursing home, and domiciliary care

**(a)** (1) The Secretary (subject to paragraph (4)) shall furnish hospital care and medical services which the Secretary determines to be needed— (A) to any veteran for a service-connected disability; and (B) to any veteran who has a service-connected disability rated at 50 percent or more. (2) The Secretary (subject to paragraph (4)) shall furnish hospital care and medical services, and may furnish nursing home care, which the Secretary determines to be needed to any veteran— (A) who has a compensable service-connected disability rated less than 50 percent or, with respect to nursing home care during any period during which the provisions of [section 1710A(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1710A/a&num=0&edition=prelim) are in effect, a compensable service-connected disability rated less than 70 percent; (B) whose discharge or release from active military, naval, air, or space service was for a disability that was incurred or aggravated in the line of duty; (C) who is in receipt of, or who, but for a suspension pursuant to [section 1151 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1151&num=0&edition=prelim) (or both a suspension and the receipt of retired pay), would be entitled to disability compensation, but only to the extent that such veteran’s continuing eligibility for such care is provided for in the judgment or settlement provided for in such section; (D) who is a former prisoner of war, who was awarded the medal of honor under section 7271, 8291, or 9271 of title 10 or section 491 11 See References in Text note below. of title 14, or who was awarded the Purple Heart; (E) who is a veteran of— (i) the Mexican border period; (

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

26 U.S.C. § 6103 — Confidentiality and disclosure of returns and return information

**(a) General rule** Returns and return information shall be confidential, and except as authorized by this title— (1) no officer or employee of the United States, (2) no officer or employee of any State, any local law enforcement agency receiving information under subsection (i)(1)(C) or (7)(A), any tribal or local child support enforcement agency, or any local agency administering a program listed in subsection (l)(7)(D) who has or had access to returns or return information under this section or section 6104(c), and (3) no other person (or officer or employee thereof) who has or had access to returns or return information under subsection (c), subsection (e)(1)(D)(iii), paragraph (10), (13), (14), or (15) of subsection (k), paragraph (6), (8), (10), (12), (13) (other than subparagraphs (D)(v) and (D)(vi) thereof), (16), (19), (20), or (21) of subsection (l), paragraph (2) or (4)(B) of subsection (m), or subsection (n), shall disclose any return or return information obtained by him in any manner in connection with his service as such an officer or an employee or otherwise or under the provisions of this section. For purposes of this subsection, the term “officer or employee” includes a former officer or employee. **(b) Definitions** For purposes of this section— (1) **Return** — The term “return” means any tax or information return, declaration of estimated tax, or claim for refund required by, or provided for or permitted under, the provisions of this title which is filed with the Secretary by, on behalf of, or with respect to any person, and any amendment or supplement thereto, including supporting schedules, attachments, or lists which are supplemental to, or part of, the return so filed. (2) **Return information** — The term “return information” means— (

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

38 U.S.C. § 3117 — Employment assistance

**(a)** (1) A veteran with a service-connected disability rated at 10 percent or more who has participated in a vocational rehabilitation program under this chapter or a similar program under the Rehabilitation Act of 1973 ([29 U.S.C. 701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section701&num=0&edition=prelim) et seq.) and who the Secretary has determined to be employable shall be furnished assistance in obtaining employment consistent with such veteran’s abilities, aptitudes, interests, and employment handicap, including assistance necessary to insure that such veteran receives the benefit of any applicable provisions of law or regulation providing for special consideration or emphasis or preference for such veteran in employment or training. (2) Assistance provided under this subsection may include— (A) direct placement of such veteran in employment; (B) utilization of employment, training, and placement services under chapter 41 of this title; and (C) utilization of the job development and placement services of (i) programs under the Rehabilitation Act of 1973, (ii) the State employment service and the Veterans’ Employment Service of the Department of Labor, (iii) the Office of Personnel Management, (iv) any other public or nonprofit organization having placement services available, and (v) any for-profit entity in a case in which the Secretary has determined that services necessary to provide such assistance are available from such entity and that comparably effective services are not available, or cannot be obtained cost-effectively, from the entities described in subclauses (i) through (iv) of this subparagraph. **(b)** (1) In any case in which a veteran has completed a vocational rehabilitation program for self-employmen

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

38 U.S.C. § 1315 — Dependency and indemnity compensation to parents

**(a)** (1) Except as provided in paragraph (2), dependency and indemnity compensation shall be paid monthly to parents of a deceased veteran in the amounts prescribed by this section. (2) Under regulations prescribed by the Secretary, benefits under this section 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 under this section. **(b)** (1) Except as provided in paragraph (4) of this subsection, if there is only one parent, the monthly rate of dependency and indemnity compensation paid to such parent shall be $569, as increased from time to time under [section 5312(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5312/b/1&num=0&edition=prelim) and reduced by an amount, based upon the amount of such parent’s annual income, determined in accordance with regulations which the Secretary shall prescribe under [section 5312(b)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5312/b/2&num=0&edition=prelim). (2) In no case may the amount of dependency and indemnity compensation payable to any parent under this subsection be less than $5 monthly. (3) In no case may dependency and indemnity compensation be paid under paragraph (1) of this subsection to any parent if the annual income of such parent exceeds $13,456, as increased 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). (4) If there is only one parent and such parent has remarried and is living with such parent’s spouse, dependency and indemnity compensation shall be paid to such parent under either paragraph (1) of this subsection o

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

38 U.S.C. § 5317 — Use of income information from other

Page 1070 TITLE 38—VETERANS’ BENEFITS § 5316 § 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 102–83, §§ 4(a)(1), (b)(1), (2)(E), 5(C)(1), Aug. 6, 1991, 105 Stat. 403–406; Pub. L. 105–368, title X, § 1005(b)(17), Nov. 11, 1998, 112 Stat. 3365; Pub. L. 117–328, div. U, title II, § 253(a), Dec. 29, 2022, 136 Stat. 5464.) Editorial Notes AMENDMENTS 2022—Subsec. (a)(1). Pub. L. 117–328 designated exist- ing provisions as introductory provisions, substituted ‘‘other than—’’ for ‘‘other than a loan, loan-guaranty, or loan-insurance program;’’, and added subpars. (A) to (D). 1998—Subsec. (b)(1). Pub. L. 105–368 substituted ‘‘Octo- ber 17, 1980,’’ for ‘‘the date of the enactment of this sec- tion,’’. 1991—Pub. L. 102–40, § 402(b)(1), renumbered section 3115 of this title as this section. Subsec. (a). Pub. L. 102–83, § 5(c)(1), substituted ‘‘3485(e)’’ for ‘‘1685(e)’’ in introductory provisions. Pub. L. 102–83, § 4(b)(1), (2)(E), substituted ‘‘Sec- retary’’ for ‘‘Administrator’’ in introductory provi- sions. Pub. L. 102–83, § 4(a)(1), substituted ‘‘administered by the Secretary’’ for ‘‘administered by the Veterans’ Ad- ministration’’ in pars. (1) and (3). Pub. L. 102–40, § 402(d)(1), substituted ‘‘5302’’ for ‘‘3102’’ in introductory provisions. Pub. L. 102–16 substituted ‘‘sections 1685(e) and 3102’’ for ‘‘section 3102’’ in introductory provisions. Subsecs. (b), (c). Pub. L. 102–83, § 4(b)(1), (2)(E), sub- stituted ‘‘Secretary’’ for ‘‘Administrator’’ wherever ap- pearing. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2022 AMENDMENT Pub. L. 117–328, div. U, title II, § 253(b), Dec. 29, 2022, 136 Stat. 5464, provided that: ‘‘The amendments made by subsection (a) [amending this section] shall apply with respect to an indebtedness

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