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M21-1, Part III, Subpart v, Chapter 6, Section F – Estate Limitations

Overview


In This Section

This section contains the topic, “Regulatory Information Regarding Estate Limitations.”

 

1.  Regulatory Information Regarding Estate Limitations


Introduction

This topic contains historical information on regulations pertaining to estate limitations, including


Change Date

April 10, 2007

III.v.6.F.1.a.  Regulatory Provisions in Effect Prior to November 1, 2000

Prior to November 1, 2000, pension, compensation, or emergency officers’ pay was not payable to, or on account of, a Veteran who

  • was rated incompetent by the Department of Veterans Affairs (VA)
  • had no spouse or child
  • was institutionalized by the United States or any political subdivision thereof, and
  • had an estate that equaled or exceeded $1,500.

Only when the estate was subsequently reduced to $500 or less was payment to be resumed.


III.v.6.F.1.b.  Regulatory Provisions Effective as of November 1, 2000

Effective November 1, 2000, under the provisions of Public Law (PL) 106-419, the estate limitation was increased to an amount equal to, or exceeding, five times the monthly rate of compensation in effect under 38 U.S.C. 1114(j), and as found in theVeterans Compensation Benefits Rate Tables (the rate payable to a totally disabled Veteran with no dependents).
Payment was to be subsequently resumed when the estate was reduced to one-half the amount of this estate limitation per 38 CFR 3.558.  The new values were effective on the same day that the increase in 38 U.S.C. 1114(j) became effective.

III.v.6.F.1.c.  Regulatory Provisions Effective as of December 27, 2001

Effective December 27, 2001, under the provisions of PL 107-103, withholding for institutionalized incompetent Veterans without spouse or children due to excessive estate under historic 38 CFR 3.557 was eliminated.
Note:  Information on procedures that apply to all affected cases prior to December 27, 2001, was located in the historic M21-1, Part IV, Chapter 18, Subchapter VII. Those procedures apply to retroactive adjustments effective before that date.
Historical_M21-1III_v_6_SecF_4-10-07.doc May 16, 2019 52 KB
Change-April-24-2015-Transmittal-Sheet-M21-1III_v_6_SecF_TS.docx May 16, 2019 37 KB
5-13-19_Key-Changes_M21-1III_v_6_SecF.docx May 16, 2019 38 KB
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