38 U.S.C. § 2102 — Limitations on assistance furnished

Page 597 TITLE 38—VETERANS’ BENEFITS § 2102 ‘‘(i) the number of eligible veterans provided as- sistance under the pilot program; ‘‘(ii) the socioeconomic characteristics of such veterans, including their gender, age, race, and ethnicity; ‘‘(iii) the total number, types, and locations of entities contracted under such program to admin- ister the grant funding; ‘‘(iv) the amount of matching funds and in-kind contributions raised with each grant; ‘‘(v) a description of the housing rehabilitation and modification services provided, costs saved, and actions taken under such program; ‘‘(vi) a description of the outreach initiatives implemented by the Secretary to educate the general public and eligible entities about such program; ‘‘(vii) a description of the outreach initiatives instituted by grant recipients to engage eligible veterans and veteran service organizations in projects utilizing grant funds under such pro- gram; ‘‘(viii) a description of the outreach initiatives instituted by grant recipients to identify eligible veterans and their families; and ‘‘(ix) any other information that the Secretary considers relevant in assessing such program. ‘‘(B) FINAL REPORT.—Not later than 6 months after the completion of the pilot program, the Sec- retary shall submit to Congress a report that pro- vides such information that the Secretary considers relevant in assessing the pilot program. ‘‘(C) INSPECTOR GENERAL REPORT.—Not later than March 31, 2019, the Inspector General of the Depart- ment of Housing and Urban Development shall sub- mit to the Chairmen and Ranking Members of the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report containing a review of— ‘‘(i) the use of appropriated funds by the Sec- retary and by grantees under the pilot program; and ‘‘(ii) oversight and accountability of grantees under the pilot program. ‘‘(9) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated for the Department of Housing and Urban Development for carrying out this section $4,000,000 for each of fiscal years 2015 through 2019.’’ § 2101A. Eligibility for benefits and assistance: members of the Armed Forces with service- connected disabilities; individuals residing outside the United States (a) MEMBERS WITH SERVICE-CONNECTED DIS- ABILITIES.—(1) The Secretary may provide as- sistance under this chapter to a member of the Armed Forces serving on active duty who is suf- fering from a disability that meets applicable criteria for benefits under this chapter if the disability is incurred or aggravated in line of duty in the active military, naval, air, or space service. Such assistance shall be provided to the same extent as assistance is provided under this chapter to veterans eligible for assistance under this chapter and subject to the same require- ments as veterans under this chapter. (2) For purposes of this chapter, any reference to a veteran or eligible individual shall be treat- ed as a reference to a member of the Armed Forces described in subsection (a) who is simi- larly situated to the veteran or other eligible in- dividual so referred to. (b) BENEFITS AND ASSISTANCE FOR INDIVIDUALS RESIDING OUTSIDE THE UNITED STATES.—(1) Sub- ject to paragraph (2), the Secretary may, at the Secretary’s discretion, provide benefits and as- sistance under this chapter (other than benefits under section 2106 of this title) to any individual otherwise eligible for such benefits and assist- ance who resides outside the United States. (2) The Secretary may provide benefits and as- sistance to an individual under paragraph (1) only if— (A) the country or political subdivision in which the housing or residence involved is or will be located permits the individual to have or acquire a beneficial property interest (as determined by the Secretary) in such housing or residence; and (B) the individual has or will acquire a bene- ficial property interest (as so determined) in such housing or residence. (c) LIMITATION.—Notwithstanding subsections (a) and (b), this section shall not apply to the provision of assistance under section 2102B of this title. (d) REGULATIONS.—Benefits and assistance under this chapter by reason of this section shall be provided in accordance with such regu- lations as the Secretary may prescribe. (Added Pub. L. 110–289, div. B, title VI, § 2602(a), July 30, 2008, 122 Stat. 2858; amended Pub. L. 115–177, § 1(c)(2), June 1, 2018, 132 Stat. 1377; Pub. L. 116–283, div. A, title IX, § 926(a)(34), Jan. 1, 2021, 134 Stat. 3830.) Editorial Notes AMENDMENTS 2021—Subsec. (a)(1). Pub. L. 116–283 substituted ‘‘air, or space service’’ for ‘‘or air service’’. 2018—Subsecs. (c), (d). Pub. L. 115–177 added subsec. (c) and redesignated former subsec. (c) as (d). § 2102. Limitations on assistance furnished (a) The assistance authorized by section 2101(a) of this title shall be afforded under one of the following plans, at the option of the indi- vidual— (1) where the individual elects to construct a housing unit on land to be acquired by such in- dividual, the Secretary shall pay not to exceed 50 percent of the total cost to the individual of (A) the housing unit and (B) the necessary land upon which it is to be situated; (2) where the individual elects to construct a housing unit on land acquired by such indi- vidual prior to application for assistance under this chapter, the Secretary shall pay not to exceed the smaller of the following sums: (A) 50 percent of the total cost to the in- dividual of the housing unit and the land nec- essary for such housing unit, or (B) 50 percent of the cost to the individual of the housing unit plus the full amount of the unpaid bal- ance, if any, of the cost to the individual of the land necessary for such housing unit; (3) where the individual elects to remodel a dwelling which is not adapted to the require- ments of such individual’s disability, acquired by such individual prior to application for as- sistance under this chapter, the Secretary shall pay not to exceed (A) the cost to the in- dividual of such remodeling; or (B) 50 percent Page 598 TITLE 38—VETERANS’ BENEFITS § 2102 of the cost to the individual of such remod- eling; plus the smaller of the following sums: (i) 50 percent of the cost to the individual of such dwelling and the necessary land upon which it is situated, or (ii) the full amount of the unpaid balance, if any, of the cost to the individual of such dwelling and the necessary land upon which it is situated; and (4) where the individual has acquired a suit- able housing unit, the Secretary shall pay not to exceed the smaller of the following sums: (A) 50 percent of the cost to the individual of such housing unit and the necessary land upon which it is situated, or (B) the full amount of the unpaid balance, if any, of the cost to the individual of such housing unit and the nec- essary land upon which it is situated. (b) Except as provided in section 2104(b) of this title, the assistance authorized by section 2101(b) of this title shall be limited to the lesser of— (1) the actual cost, or, in the case of an indi- vidual acquiring a residence already adapted with special features, the fair market value, of the adaptations determined by the Secretary under such section 2101(b) to be reasonably necessary, or (2) $19,733. (c) The amount of assistance afforded under subsection (a) for an individual authorized as- sistance by section 2101(a) of this title shall not be reduced by reason that title to the housing unit, which is vested in the individual, is also vested in any other person, if the individual re- sides in the housing unit. (d)(1) The aggregate amount of assistance available to an individual under section 2101(a) of this title shall be limited to $98,492. (2) The aggregate amount of assistance avail- able to an individual under section 2101(b) of this title shall be limited to $19,733. (3) Subject to subsection (f), no veteran may receive more than six grants of assistance under this chapter. (e)(1) Effective on October 1 of each year (be- ginning in 2009), the Secretary shall increase the amounts described in subsection (b)(2) and para- graphs (1) and (2) of subsection (d) in accordance with this subsection. (2) The increase in amounts under paragraph (1) to take effect on October 1 of a year shall be by an amount of such amounts equal to the per- centage by which— (A) the residential home cost-of-construc- tion index for the preceding calendar year, ex- ceeds (B) the residential home cost-of-construc- tion index for the year preceding the year de- scribed in subparagraph (A). (3) The Secretary shall establish a residential home cost-of-construction index for the pur- poses of this subsection. The index shall reflect a uniform, national average change in the cost of residential home construction, determined on a calendar year basis. The Secretary may use an index developed in the private sector that the Secretary determines is appropriate for purposes of this subsection. (f)(1) Beginning October 1, 2030, notwith- standing the aggregate amounts specified in subsection (d), a covered veteran may apply for and receive an additional amount of assistance under subsection (a) or (b) of section 2101 of this title in an amount that does not exceed half of the amount specified in subsection (d). (2) In this subsection, a covered veteran is a veteran who— (A) is described in subsection (a)(2) or (b)(2) of section 2101 of this title; (B) as of the date of the veteran’s applica- tion for assistance under paragraph (1), most recently received assistance under this chap- ter more than 10 years before such date; and (C) lives in a home that the Secretary deter- mines does not have adaptations that are rea- sonably necessary because of the veteran’s dis- ability. (g)(1) Whenever the Secretary finds that an overpayment has been made to, or on behalf of, a person described in paragraph (2), the Sec- retary shall determine— (A) the amounts to recover, if any; and (B) who is liable to the United States for such overpayment. (2) A person described in this paragraph is any of the following: (A) An individual who applied for assist- ance— (i) under this chapter; or (ii) under chapter 31 of this title who is pursuing a rehabilitation program under such chapter in acquiring adaptations to a residence. (B) An owner or seller of real estate used, or intended to be used, in connection with assist- ance under this chapter. (C) A builder, contractor, supplier, tradesperson, corporation, trust, partnership, or other person, who provided services or goods relating to assistance under this chap- ter. (D) An attorney, escrow agent, or financial institution, that receives, or holds in escrow, funds relating to assistance under this chap- ter. (E) A surviving spouse, heir, assignee, or successor in interest of or to, any person de- scribed in this paragraph. (3)(A) Any overpayment referred to in this subsection may be recovered in the same man- ner as any other debt due the United States. (B) In recovering the overpayment, the Sec- retary may charge administrative costs, fees, and interest, as appropriate, in a manner similar to the authority under section 5315 of this title. (4)(A) The recovery of any overpayment re- ferred to in this subsection may be waived by the Secretary. (B) Waiver of any such overpayment as to a person described in paragraph (2) shall in no way release any other person described in such para- graph from liability. (5) The Secretary shall waive recovery under this subsection of any overpayment to a person described in paragraph (2)(A), or a dependent or survivor of such person, that arises from admin- istrative error described in paragraph (7)(A). (6) Nothing in this subsection shall be con- strued as precluding the imposition of any civil Page 599 TITLE 38—VETERANS’ BENEFITS § 2102 or criminal liability under this title or any other law. (7) The Secretary shall prescribe in regula- tions what constitutes an overpayment for the purposes of this subsection, which, at a min- imum, shall include— (A) administrative error that results in an individual receiving assistance to which that individual is not entitled; (B) the failure of any person described in paragraph (2) to— (i) perform or allow to be performed any act relating to assistance under this chapter; or (ii) compensate any party performing serv- ices or supplying goods relating to assist- ance under this chapter; and (C) any disbursement of funds relating to as- sistance under this chapter, that, in the sole discretion of the Secretary, constitutes a mis- use of such assistance. (8) Prior to collecting an overpayment under this subsection, the Secretary shall provide to the person whom the Secretary has determined liable for such overpayment— (A) notice of the finding by the Secretary of such overpayment; (B) a reasonable opportunity for such person to remedy the circumstances that effectuated the overpayment; and (C) a reasonable opportunity for such person to present evidence to the Secretary that an overpayment was not made. (9) For the purposes of section 511 of this title, a decision to collect an overpayment from a per- son other than a person described in paragraph (2)(A), or a dependent or survivor of such person, may not be treated as a decision that affects the provision of benefits. (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1168, § 802; Pub. L. 91–22, § 2, June 6, 1969, 83 Stat. 32; Pub. L. 91–506, § 6, Oct. 23, 1970, 84 Stat. 1113; Pub. L. 92–341, July 10, 1972, 86 Stat. 432; Pub. L. 93–569, § 9, Dec. 31, 1974, 88 Stat. 1867; Pub. L. 95–476, title I, § 101, Oct. 18, 1978, 92 Stat. 1497; Pub. L. 96–385, title III, § 301(b), Oct. 7, 1980, 94 Stat. 1531; Pub. L. 97–66, title V, § 502, Oct. 17, 1981, 95 Stat. 1032; Pub. L. 97–295, § 4(33), Oct. 12, 1982, 96 Stat. 1307; Pub. L. 98–543, title III, § 304(a), Oct. 24, 1984, 98 Stat. 2748; Pub. L. 99–576, title IV, § 401(b), Oct. 28, 1986, 100 Stat. 3280; Pub. L. 100–322, title III, § 301, May 20, 1988, 102 Stat. 534; renumbered § 2102 and amended Pub. L. 102–83, §§ 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404–406; Pub. L. 105–178, title VIII, § 8204(a), June 9, 1998, 112 Stat. 494; Pub. L. 106–419, title III, § 321, Nov. 1, 2000, 114 Stat. 1855; Pub. L. 107–103, title IV, § 404, Dec. 27, 2001, 115 Stat. 993; Pub. L. 108–183, title IV, § 402(a), Dec. 16, 2003, 117 Stat. 2664; Pub. L. 109–233, title I, § 101(b), June 15, 2006, 120 Stat. 398; Pub. L. 110–289, div. B, title VI, §§ 2602(b)(2), 2605(a), July 30, 2008, 122 Stat. 2859, 2861; Pub. L. 112–154, title II, § 204(a), Aug. 6, 2012, 126 Stat. 1177; Pub. L. 116–154, §§ 3(a), (c)–(e), 4, Aug. 8, 2020, 134 Stat. 690, 691; Pub. L. 116–315, title II, § 2104, Jan. 5, 2021, 134 Stat. 4982.) Editorial Notes PRIOR PROVISIONS Prior section 2102, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1223, related to determination of amount of mus- tering-out payments, prior to repeal by Pub. L. 89–50, § 1(a), June 24, 1965, 79 Stat. 173, effective July 1, 1966. AMENDMENTS 2021—Subsec. (g). Pub. L. 116–315 added subsec. (g). 2020—Subsec. (b)(2). Pub. L. 116–154, § 3(c), substituted ‘‘$19,733’’ for ‘‘$12,000’’. Subsec. (d)(1). Pub. L. 116–154, § 3(d), substituted ‘‘$98,492’’ for ‘‘$63,780’’. Subsec. (d)(2). Pub. L. 116–154, § 3(e), substituted ‘‘$19,733’’ for ‘‘$12,756’’. Subsec. (d)(3). Pub. L. 116–154, § 3(a), substituted ‘‘Subject to subsection (f), no veteran’’ for ‘‘No vet- eran’’ and ‘‘six’’ for ‘‘three’’. Subsec. (f). Pub. L. 116–154, § 4, added subsec. (f). 2012—Subsec. (d). Pub. L. 112–154 amended subsec. (d) generally. Prior to amendment, subsec. (d) read as fol- lows: ‘‘(d)(1) The aggregate amount of assistance available to an individual under sections 2101(a) and 2102A of this title shall be limited to $60,000. ‘‘(2) The aggregate amount of assistance available to an individual under sections 2101(b) and 2102A of this title shall be limited to $12,000. ‘‘(3) No veteran may receive more than three grants of assistance under this chapter.’’ 2008—Subsec. (a). Pub. L. 110–289, § 2602(b)(2)(A)(i), substituted ‘‘individual’’ for ‘‘veteran’’ wherever ap- pearing. Subsec. (a)(3). Pub. L. 110–289, § 2602(b)(2)(A)(ii), sub- stituted ‘‘individual’s’’ for ‘‘veteran’s’’. Subsec. (b)(1). Pub. L. 110–289, § 2602(b)(2)(B), sub- stituted ‘‘an individual’’ for ‘‘a veteran’’. Subsec. (b)(2). Pub. L. 110–289, § 2605(a)(1), substituted ‘‘$12,000’’ for ‘‘$10,000’’. Subsec. (c). Pub. L. 110–289, § 2602(b)(2)(C), substituted ‘‘an individual’’ for ‘‘a veteran’’ and substituted ‘‘the individual’’ for ‘‘the veteran’’ in two places. Subsec. (d). Pub. L. 110–289, § 2602(b)(2)(D), substituted ‘‘an individual’’ for ‘‘a veteran’’ in two places. Subsec. (d)(1). Pub. L. 110–289, § 2605(a)(2)(A), sub- stituted ‘‘$60,000’’ for ‘‘$50,000’’. Subsec. (d)(2). Pub. L. 110–289, § 2605(a)(2)(B), sub- stituted ‘‘$12,000’’ for ‘‘$10,000’’. Subsec. (e). Pub. L. 110–289, § 2605(a)(3), added subsec. (e). 2006—Subsec. (a). Pub. L. 109–233, § 101(b)(1), in intro- ductory provisions, struck out ‘‘shall be limited in the case of any veteran to one housing unit, and necessary land therefor, and’’ before ‘‘shall be afforded’’ and sub- stituted ‘‘veteran—’’ for ‘‘veteran but shall not exceed $50,000 in any one case—’’. Subsec. (d). Pub. L. 109–233, § 101(b)(2), added subsec. (d). 2003—Subsec. (a). Pub. L. 108–183, § 402(a)(1), sub- stituted ‘‘$50,000’’ for ‘‘$48,000’’ in introductory provi- sions. Subsec. (b)(2). Pub. L. 108–183, § 402(a)(2), substituted ‘‘$10,000’’ for ‘‘$9,250’’. 2001—Subsec. (a). Pub. L. 107–103, § 404(1), substituted ‘‘$48,000’’ for ‘‘$43,000’’ in introductory provisions. Subsec. (b)(2). Pub. L. 107–103, § 404(2), substituted ‘‘$9,250’’ for ‘‘$8,250’’. 2000—Subsec. (c). Pub. L. 106–419 added subsec. (c). 1998—Subsec. (a). Pub. L. 105–178, § 8204(a)(1), sub- stituted ‘‘$43,000’’ for ‘‘$38,000’’ in introductory provi- sions. Subsec. (b)(2). Pub. L. 105–178, § 8204(a)(2), substituted ‘‘$8,250’’ for ‘‘$6,500’’. 1991—Pub. L. 102–83, § 5(a), renumbered section 802 of this title as this section. Subsec. (a). Pub. L. 102–83, § 5(c)(1), substituted ‘‘2101(a)’’ for ‘‘801(a)’’ in introductory provisions. Pub. L. 102–83, § 4(b)(1), (2)(E), substituted ‘‘Sec- retary’’ for ‘‘Administrator’’ wherever appearing. Page 600 TITLE 38—VETERANS’ BENEFITS § 2102A Subsec. (b). Pub. L. 102–83, § 5(c)(1), substituted ‘‘2104(b)’’ for ‘‘804(b)’’ and substituted ‘‘2101(b)’’ for ‘‘801(b)’’ in two places. Pub. L. 102–83, § 4(b)(1), (2)(E), substituted ‘‘Sec- retary’’ for ‘‘Administrator’’ in par. (1). 1988—Subsec. (a). Pub. L. 100–322, § 301(1), substituted ‘‘$38,000’’ for ‘‘$35,500’’. Subsec. (b)(2). Pub. L. 100–322, § 301(2), substituted ‘‘$6,500’’ for ‘‘$6,000’’. 1986—Subsec. (b)(1). Pub. L. 99–576 substituted ‘‘cost, or, in the case of a veteran acquiring a residence al- ready adapted with special features, the fair market value,’’ for ‘‘cost’’. 1984—Subsec. (a). Pub. L. 98–543, § 304(a)(1), sub- stituted ‘‘$35,500’’ for ‘‘$32,500’’ in provisions before par. (1). Subsec. (b)(2). Pub. L. 98–543, § 304(a)(2), substituted ‘‘$6,000’’ for ‘‘$5,000’’. 1982—Subsec. (a). Pub. L. 97–295 substituted ‘‘percent’’ for ‘‘per centum’’ wherever appearing. 1981—Subsec. (a). Pub. L. 97–66, § 502(1), substituted ‘‘$32,500’’ for ‘‘$30,000’’ in provisions preceding par. (1), ‘‘such veteran’’ for ‘‘him’’ in pars. (1), (2), and (3), and ‘‘such veteran’s’’ for ‘‘his’’ in par. (3). Subsec. (b). Pub. L. 97–66, § 502(2), substituted ‘‘sec- tion 804(b)’’ for ‘‘section 804(b)(2)’’. 1980—Subsec. (a). Pub. L. 96–385, § 301(b)(1), (2), des- ignated existing provisions as subsec. (a) and sub- stituted ‘‘section 801(a)’’ for ‘‘section 801’’. Subsec. (b). Pub. L. 96–385, § 301(b)(3), added subsec. (b). 1978—Pub. L. 95–476 substituted ‘‘$30,000’’ for ‘‘$25,000’’. 1974—Pub. L. 93–569 substituted ‘‘$25,000’’ for ‘‘$17,500’’. 1972—Pub. L. 92–341 substituted ‘‘$17,500’’ for ‘‘$12,500’’. 1970—Par. (3). Pub. L. 91–506 inserted provision au- thorizing Administrator in the case of assistance to disabled veterans for specially adapted housing, where the veteran elects to remodel a dwelling not adapted to his disability, to pay the cost of remodeling as an alter- native to the present provisions still set out in this par. which authorize the Administrator to pay the total of 50 percent of the remodeling cost plus 50 percent of the dwelling’s cost or the full amount of the unpaid balance of the cost of such dwelling, whichever sum is smaller. 1969—Pub. L. 91–22 substituted ‘‘$12,500’’ for ‘‘$10,000’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2020 AMENDMENT Amendment by Pub. L. 116–154 effective Oct. 1, 2020, see section 3(f) of Pub. L. 116–154, set out as a note under section 2101 of this title. EFFECTIVE DATE OF 2012 AMENDMENT Pub. L. 112–154, title II, § 204(b), Aug. 6, 2012, 126 Stat. 1177, provided that: ‘‘The amendments made by sub- section (a) [amending this section] shall take effect on the date that is one year after the date of the enact- ment of this Act [Aug. 6, 2012] and shall apply with re- spect to assistance provided under sections 2101(a), 2101(b), and 2102A of title 38, United States Code, after such date.’’ EFFECTIVE DATE OF 2008 AMENDMENT Pub. L. 110–289, div. B, title VI, § 2605(b), July 30, 2008, 122 Stat. 2861, provided that: ‘‘The amendments made by this section [amending this section] shall take effect on July 1, 2008, and shall apply with respect to pay- ments made in accordance with section 2102 of title 38, United States Code, on or after that date.’’ EFFECTIVE DATE OF 2003 AMENDMENT Pub. L. 108–183, title IV, § 402(c), Dec. 16, 2003, 117 Stat. 2664, provided that: ‘‘The amendments made by sub- sections (a) and (b) [amending this section and section 3902 of this title] shall apply with respect to assistance furnished on or after the date of the enactment of this Act [Dec. 16, 2003].’’ EFFECTIVE DATE OF 1998 AMENDMENT Pub. L. 105–178, title VIII, § 8204(b), June 9, 1998, 112 Stat. 494, provided that: ‘‘The amendments made by subsection (a) [amending this section] shall apply with respect to limitations under section 2102 of such title on assistance furnished to a veteran under section 2101 of such title on or after October 1, 1998.’’ EFFECTIVE DATE OF 1988 AMENDMENT Pub. L. 100–322, title III, § 304, May 20, 1988, 102 Stat. 534, provided that: ‘‘The amendments made by sections 301, 302, and 303 [amending this section and sections 907 and 1902 [now 2307 and 3902] of this title] shall take ef- fect on April 1, 1988.’’ EFFECTIVE DATE OF 1984 AMENDMENT Pub. L. 98–543, title III, § 304(b), Oct. 24, 1984, 98 Stat. 2748, provided that: ‘‘The amendments made by sub- section (a) [amending this section] shall take effect on January 1, 1985.’’ EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97–66 effective Oct. 17, 1981, see section 701(b)(1) of Pub. L. 97–66, set out as a note under section 1114 of this title. 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. EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95–476 effective Oct. 1, 1978, see section 108(a) of Pub. L. 95–476, set out as a note under section 3702 of this title. EFFECTIVE DATE OF 1974 AMENDMENT Amendment by Pub. L. 93–569 effective Dec. 31, 1974, see section 10 of Pub. L. 93–569, set out as a note under section 3702 of this title. MAINTENANCE OF HIGHER RATES Pub. L. 112–154, title II, § 204(c), Aug. 6, 2012, 126 Stat. 1177, provided that: ‘‘The amendment made by sub- section (a) [amending this section] shall not be con- strued to decrease the aggregate amount of assistance available to an individual under the sections described in subsection (b) [set out as an Effective Date of 2012 Amendment note above], as most recently increased by the Secretary pursuant to section 2102(e) of such title [38 U.S.C. 2102(e)].’’ § 2102A. Assistance for individuals residing tem- porarily in housing owned by a family mem- ber (a) PROVISION OF ASSISTANCE.—In the case of a disabled individual who is described in sub- section (a)(2) or (b)(2) of section 2101 of this title and who is residing, but does not intend to per- manently reside, in a residence owned by a member of such individual’s family, the Sec- retary may assist the individual in acquiring such adaptations to such residence as are deter- mined by the Secretary to be reasonably nec- essary because of the individual’s disability. (b) AMOUNT OF ASSISTANCE.—(1) The assistance authorized under subsection (a) may not ex- ceed— (A) $28,000, in the case of an individual de- scribed in section 2101(a)(2) of this title; or (B) $5,000, in the case of an individual de- scribed in section 2101(b)(2) of this title.