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38 U.S.C. § 2104 — Benefits additional to benefits under

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

38 U.S.C. § 2104 — Benefits additional to benefits under

Page 602 TITLE 38—VETERANS’ BENEFITS § 2104 ments to beneficiaries of deceased members, prior to repeal by Pub. L. 89–50, § 1(a), June 24, 1965, 79 Stat. 173, effective July 1, 1966. AMENDMENTS 2008—Pub. L. 110–389 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). Pub. L. 110–289 substituted ‘‘individuals’’ for ‘‘vet- erans’’ in two places. 1991—Pub. L. 102–83 renumbered section 803 of this title as this section and substituted ‘‘Secretary’’ for ‘‘Administrator’’. § 2104. Benefits additional to benefits under other laws (a) Any individual who accepts the benefits of this chapter shall not by reason thereof be de- nied the benefits of chapter 37 of this title. (b) An individual eligible for assistance under section 2101(b) of this title shall not by reason of such eligibility be denied benefits for which such individual becomes eligible under section 2101(a) of this title or benefits relating to home health services under section 1717(a)(2) of this title. (c) The Secretary may not provide assistance to a veteran under this chapter if the Secretary determines such assistance would result in a du- plication of benefits under this title to the vet- eran. (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1169, § 804; Pub. L. 96–385, title III, § 301(c), Oct. 7, 1980, 94 Stat. 1531; renumbered § 2104 and amended Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 104–262, title I, § 101(e)(2), Oct. 9, 1996, 110 Stat. 3180; Pub. L. 110–289, div. B, title VI, § 2602(b)(5), July 30, 2008, 122 Stat. 2859; Pub. L. 115–177, § 1(c)(3), June 1, 2018, 132 Stat. 1377.) Editorial Notes PRIOR PROVISIONS Prior section 2104, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1223, related to time limitations, prior to repe

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Source location: USCODE-2024-title38-partII-chap21-sec2104.pdf

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Page 602 TITLE 38—VETERANS’ BENEFITS § 2104 ments to beneficiaries of deceased members, prior to repeal by Pub. L. 89–50, § 1(a), June 24, 1965, 79 Stat. 173, effective July 1, 1966. AMENDMENTS 2008—Pub. L. 110–389 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). Pub. L. 110–289 substituted ‘‘individuals’’ for ‘‘vet- erans’’ in two places. 1991—Pub. L. 102–83 renumbered section 803 of this title as this section and substituted ‘‘Secretary’’ for ‘‘Administrator’’. § 2104. Benefits additional to benefits under other laws (a) Any individual who accepts the benefits of this chapter shall not by reason thereof be de- nied the benefits of chapter 37 of this title. (b) An individual eligible for assistance under section 2101(b) of this title shall not by reason of such eligibility be denied benefits for which such individual becomes eligible under section 2101(a) of this title or benefits relating to home health services under section 1717(a)(2) of this title. (c) The Secretary may not provide assistance to a veteran under this chapter if the Secretary determines such assistance would result in a du- plication of benefits under this title to the vet- eran. (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1169, § 804; Pub. L. 96–385, title III, § 301(c), Oct. 7, 1980, 94 Stat. 1531; renumbered § 2104 and amended Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 104–262, title I, § 101(e)(2), Oct. 9, 1996, 110 Stat. 3180; Pub. L. 110–289, div. B, title VI, § 2602(b)(5), July 30, 2008, 122 Stat. 2859; Pub. L. 115–177, § 1(c)(3), June 1, 2018, 132 Stat. 1377.) Editorial Notes PRIOR PROVISIONS Prior section 2104, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1223, related to time limitations, prior to repeal by Pub. L. 89–50, § 1(a), June 24, 1965, 79 Stat. 173, effec- tive July 1, 1966. AMENDMENTS 2018—Subsec. (a). Pub. L. 115–177, § 1(c)(3)(A), struck out ‘‘; however, except as provided in subsection (b) of this section, the assistance authorized by section 2101 of this title shall not be available to any individual more than once’’ before period at end. Subsec. (b). Pub. L. 115–177, § 1(c)(3)(B), struck out ‘‘However, no particular type of adaptation, improve- ment, or structural alteration provided to an individual under section 1717(a)(2) of this title may be provided to such individual under section 2101(b) of this title.’’ at end. Subsec. (c). Pub. L. 115–177, § 1(c)(3)(C), added subsec. (c). 2008—Subsec. (a). Pub. L. 110–289, § 2602(b)(5)(A), sub- stituted ‘‘individual’’ for ‘‘veteran’’ in two places. Subsec. (b). Pub. L. 110–289, § 2602(b)(5)(B), substituted ‘‘An individual’’ for ‘‘A veteran’’ and ‘‘an individual’’ for ‘‘a veteran’’ and substituted ‘‘such individual’’ for ‘‘such veteran’’ in two places. 1996—Subsec. (b). Pub. L. 104–275 substituted ‘‘section 1717(a)(2)’’ for ‘‘section 1712(a)’’ in two places. 1991—Pub. L. 102–83, § 5(a), renumbered section 804 of this title as this section. Subsec. (a). Pub. L. 102–83, § 5(c)(1), substituted ‘‘2101’’ for ‘‘801’’. Subsec. (b). Pub. L. 102–83, § 5(c)(1), substituted ‘‘2101(b)’’ for ‘‘801(b)’’ in two places, ‘‘2101(a)’’ for ‘‘801(a)’’, and ‘‘1712(a)’’ for ‘‘612(a)’’ in two places. 1980—Pub. L. 96–385 designated existing provisions as subsec. (a), substituted ‘‘except as provided in sub- section (b) of this section, the assistance authorized by section 801 of this title’’ for ‘‘the assistance authorized by this chapter’’, and added subsec. (b). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–385 effective Oct. 1, 1980, see section 601(b) of Pub. L. 96–385, set out as a note under section 1114 of this title. § 2105. Nonliability of United States The Government of the United States shall have no liability in connection with any housing unit, or necessary land therefor, or adaptation acquired under the provisions of this chapter. (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1169, § 805; Pub. L. 96–385, title III, § 301(d), Oct. 7, 1980, 94 Stat. 1531; renumbered § 2105, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406.) Editorial Notes PRIOR PROVISIONS Prior section 2105, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1224, related to administration of mustering-out payments provisions, prior to repeal by Pub. L. 89–50, § 1(a), June 24, 1965, 79 Stat. 173, effective July 1, 1966. AMENDMENTS 1991—Pub. L. 102–83 renumbered section 805 of this title as this section. 1980—Pub. L. 96–385 made the United States not liable for any adaptation in connection with any housing unit. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–385 effective Oct. 1, 1980, see section 601(b) of Pub. L. 96–385, set out as a note under section 1114 of this title. § 2106. Veterans’ mortgage life insurance (a) The Secretary shall insure any individual under 70 years of age who has received assist- ance under this chapter against the death of the individual except for an individual who— (1) elects in writing to not receive insurance under this section; (2) fails to respond in a timely manner to a request from the Secretary for information on which the premium for such insurance can be based; or (3) receives such assistance under section 2102B of this title. (b) The amount of insurance provided an indi- vidual under this section may not exceed the lesser of $150,000, or after January 1, 2012, $200,000, or the amount of the loan outstanding on the housing unit. The amount of such insur- ance shall be reduced according to the amortiza- tion schedule of the loan and may not at any time exceed the amount of the outstanding loan with interest. If there is no outstanding loan on the housing unit, insurance is not payable under this section. If an eligible individual elects not to be insured under this section, the individual may thereafter be insured under this section, but only upon submission of an application, pay-

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

38 U.S.C. § 2104 — Benefits additional to benefits under other laws

**(a)** Any individual who accepts the benefits of this chapter shall not by reason thereof be denied the benefits of chapter 37 of this title. **(b)** An individual eligible for assistance under [section 2101(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section2101/b&num=0&edition=prelim) shall not by reason of such eligibility be denied benefits for which such individual becomes eligible under [section 2101(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section2101/a&num=0&edition=prelim) or benefits relating to home health services under [section 1717(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1717/a/2&num=0&edition=prelim). **(c)** The Secretary may not provide assistance to a veteran under this chapter if the Secretary determines such assistance would result in a duplication of benefits under this title to the veteran.

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