Page:United States Statutes at Large Volume 71.djvu/140

 104

PUBLIC LAW 85-56-JUNE 17, 1957

[71 STAT.

eran served in the active military, naval, or air service after April 5, 1917, and before November 12, 1918. DETERMINATION S W I T H RESPECT TO DISABILITY '

SEC. 402. (a) For the purposes of this title, a person shall be considered to be permanently and totally disabled if he is suffering from— (1) any disability which is sufficient to render it impossible for the average person to follow a substantially gainful occupation, but only if it is reasonably certain that such disability will continue throughout the life of the disabled person; or (2) any disease or disorder determined by the Administrator to be of such a nature or extent as to justify a determination that persons suffering therefrom are permanently and totally disabled. (b) For the purposes of this title, a person shall be considered to be in need of regular aid and attendance if he is helpless or blind, or so nearly helpless or blind as to need or require the regular aid and attendance of another person. I T E M S N O T CONSIDERED I N DETERMINING I N C O M E

Post, p. 632.

70A Stat. 108.

gEc. 403. For the purposes of this title, in determining annual income, the Administrator shall not consider— (1) payments under laws administered by the Veterans' Administration because of disability or death; (2) payments of mustering-out pay; ^3) payments of the six months' death gratuity; (4) annuities under chapter 73 of title 10 of the United States Code;and (5) payments of adjusted compensation. PERSONS HERETOFORE H A VI N G A P E N S I O N A B L E STATUS

SEC. 404. The pension benefits of parts B and C of this title shall, notwithstanding the service requirements of such parts, be granted to persons heretofore recognized by law as having a pensionable status. P A Y M E N T OF P E N S I O N D U R I N G C O N F I N E M E N T I N P E N A L INSTITUTIONS

SEC. 405. (a) No pension under public or private laws administered by the Veterans' Administration shall be paid to or for an individual who has been imprisoned in a Federal, State, or local penal institution as a result of conviction of a felony or misdemeanor for any part of the period beginning sixty-one days after his imprisonment begins and ending when his imprisonment ends. (b) Where any veteran is disqualified for pension for any period solely by reason of subsection (a) of this section, the Administrator may apportion and pay to his wife or children the pension which such veteran would receive for that period but for this section. (c) Where any widow or child of a veteran is disqualified for pension for any period solely by reason of subsection (a) of this section, the Administrator may (1) if the widow is disqualified, pay to the child, or children, the pension which would be payable if there were no such widow or (2) if a child is disqualified, pay to the widow the pension which would be payable if there were no such child.

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