I 111th CONGRESS 2d Session H. R. 4465 IN THE HOUSE OF REPRESENTATIVES January 19, 2010 Mr. Kissell (for himself, Mr. Meeks of New York, Mr. Massa, Ms. Kilpatrick of Michigan, Mr. Israel, and Mr. Poe of Texas) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to direct the Secretary of Veterans Affairs to take into account each child a veteran has when determining the veteran’s financial status when receiving hospital care or medical services.

1.

Determination of attributable income for veterans with children

Section 1722(f)(1) of title 38, United States Code, is amended to read as follows: (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 1521 of this title would be reduced if such veteran were eligible for pension under that section, except that in determining such income, the Secretary shall treat as a child an unmarried person who— (A)is placed in the legal custody of the veteran as a result of an order of a court of competent jurisdiction in the United States (or possession of the United States) for a period of at least 12 consecutive months; (B)either— (i)has not attained the age of 21; (ii)has not attained the age of 23 and is enrolled in a full time course of study at an institution of higher learning approved by the Secretary; or (iii)is incapable of self support because of a mental or physical incapacity that occurred while the person was considered a child of the veteran under this subparagraph pursuant to subclause (i) or (ii); (C)is dependent on the veteran for over one-half of the person’s support; and (D)resides with the veteran unless separated to receive institutional care as a result of disability or incapacitation or under such other circumstances as the Secretary may by regulation prescribe. .