Fabio
76b8ec33a7
Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 -> 59,740; repo total 105,704 records. Deterministic (byte-identical rerun, verified on Title 42's 8,356 sections); make check green. make legal-us-code default now covers every title. Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
54 lines
3.9 KiB
Markdown
54 lines
3.9 KiB
Markdown
---
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type: "LegalText"
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title: "38 U.S.C. § 5307"
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description: "Apportionment of benefits"
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jurisdiction: "us"
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corpus: "united_states_code"
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kind: "code_section"
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title_number: 38
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title_name: "VETERANS’ BENEFITS"
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chapter_number: "53"
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chapter_name: "SPECIAL PROVISIONS RELATING TO BENEFITS"
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section: "5307"
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citation: "38 U.S.C. § 5307"
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status: "current"
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release_point: "119-100"
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release_date: "2026-06-26"
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source: "official"
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source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc38@119-100.zip"
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source_identifier: "/us/usc/t38/s5307"
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source_file: "data/legal/raw/us/code/title-38/usc38.xml"
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source_hash: "23a0faef7ebfbe8801b3187ab6608f3134cc5ad46fa7965d1a59f6a462d55bc6"
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raw_snapshot_hash: "372998691b72ade88787dfa7633dbda4954bd1b037ec7926c5e06e9b1d17fc66"
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text_hash: "eff362cd095e858eb939d5203b5d5b1cbad9ab9cd37e72eb4ac46b6857b959d3"
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retrieved_at: "2026-07-04"
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confidence: "official"
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tags: ["legal", "us-code"]
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---
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# 38 U.S.C. § 5307 - Apportionment of benefits
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## Text
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(a) All or any part of the compensation, pension, or emergency officers’ retirement pay payable on account of any veteran may—
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(1) if the veteran is being furnished hospital treatment, institutional, or domiciliary care by the United States, or any political subdivision thereof, be apportioned on behalf of the veteran’s spouse, children, or dependent parents; and
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(2) if the veteran is not living with the veteran’s spouse, or if the veteran’s children are not in the custody of the veteran, be apportioned as may be prescribed by the Secretary.
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(b) Where any of the children of a deceased veteran are not in the custody of the veteran’s surviving spouse, the pension, compensation, or dependency and indemnity compensation otherwise payable to the surviving spouse may be apportioned as prescribed by the Secretary.
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(c) If a veteran is not living with the veteran’s spouse, or if any of the veteran’s children are not in the custody of the veteran, any subsistence allowance payable to the veteran under chapter 31 of this title or that portion of the educational assistance allowance payable on account of dependents under chapter 34 of this title may be apportioned as may be prescribed by the Secretary.
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(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1231, § 3107; Pub. L. 92–540, title V, § 505, Oct. 24, 1972, 86 Stat. 1099; Pub. L. 98–160, title VII, § 703(2), Nov. 21, 1983, 97 Stat. 1010; renumbered § 5307, Pub. L. 102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 102–83, § 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)
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## Notes
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Editorial Notes
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Amendments1991—Pub. L. 102–40 renumbered section 3107 of this title as this section. Subsecs. (a)(2), (b), (c). Pub. L. 102–83 substituted “Secretary” for “Administrator”. 1983—Subsec. (a)(1). Pub. L. 98–160, § 703(2)(A), substituted “the veteran’s spouse” for “his wife”. Subsec. (a)(2). Pub. L. 98–160, § 703(2)(A)–(C), substituted “the veteran’s spouse” for “his wife”, “the veteran’s children” for “his children”, and “the custody of the veteran” for “his custody”. Subsec. (b). Pub. L. 98–160, § 703(2)(D), substituted “surviving spouse” for “widow” in two places. Subsec. (c). Pub. L. 98–160, § 703(2)(A)–(C), (E), substituted “the veteran’s spouse” for “his wife”, “the veteran’s children” for “his children”, “the custody of the veteran” for “his custody”, and “payable to the veteran” for “payable to him”. 1972—Subsec. (c). Pub. L. 92–540 inserted provisions relating to that portion of the educational assistance allowance payable on account of dependents under chapter 34 of this title.
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Statutory Notes and Related Subsidiaries
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Effective Date of 1972 AmendmentAmendment by Pub. L. 92–540 effective 90 days after Oct. 24, 1972, see section 601(b) of Pub. L. 92–540, set out as a note under section 4101 of this title.
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