Page:United States Statutes at Large Volume 100 Part 1.djvu/414

 100 STAT. 378

38 USC 521.

PUBLIC LAW 99-272—APR. 7, 1986

"(e)(1) In order to avoid a hardship to a veteran described in paragraph (2) of this subsection, the Administrator may deem the veteran to have an attributable income during the previous year not greater than the Category A threshold or the Category B threshold, as appropriate. "(2)(A) A veteran is described in this paragraph for the purposes of subsection (a)(1) of this section if— "(i) the veteran has an attributable income greater than the Category A threshold; and "(ii) the current projections of such veteran's income for the current year are that the veteran's income for such year will be substantially below such threshold. "(B) A veteran is described in this paragraph for the purposes of subsection (a)(2) of this section if— "(i) the veteran has an attributable income greater than the Category B threshold; and "(ii) the current projections of such veteran's income for the current year are that the veteran's income for such year will be substantially below such threshold. "(f) For purposes of this section: "(1) The term 'attributable income' means the income of a veteran for the previous year determined in the same manner as the manner in which a determination is made of the total amount of income by which the rate of pension for such veteran under section 521 of this title would be reduced if such veteran were eligible for pension under that section. "(2) The term 'corpus of the estate of the veteran' includes the corpus of the estates of the veteran's spouse and dependent children, if any. "(3) The term 'previous year' means the calendar year preceding the year in which the veteran applies for care or services under section 610(a) or 612(f) of this title. "(g) For the purposes of sections 610(b)(2) and 624(c) of this title, the fact that a veteran is— "(1) eligible to receive medical assistance under a State plan approved under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.); "(2) a veteran with a service-connected disability; or "(3) in receipt of pension under any law administered by the Veterans' Administration, shall be accepted as sufficient evidence of such veteran's inability to defray necessary expenses.". (2) The item relating to such section in the table of sections at the beginning of chapter 17 is amended to read as follows: "622. Determination of inability to defray necessary expenses; income thresholds.".

Effective date. (3) The first increase under subsection (c) of section 622 of title 38, 38 USC 622 note. United States Code, as added by paragraph (1), shall take effect on January 1, 1987. 38 USC 525. (d) CONFORMING AMENDMENTS.—(1) Section 525(a) is amended by striking out "section 612(i)(5) of this title" and inserting in lieu thereof "clauses (5) and (6) of section 612(i)". 38 USC 601. (2) Section 601(6) is amended— (A) in clause (A)(i), by striking out "section 612(f)(l)(A)" and inserting in lieu thereof "section 612(fKlXAXi)", and (B) in clause (B)(ii), by striking out "section 612(fKlXB)" and inserting in lieu thereof "section 612(f)(l)(A)(ii)".

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