[House Report 119-339]
[From the U.S. Government Publishing Office]
119th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 119-339
=======================================================================
ERNEST PELTZ ACCRUED VETERANS BENEFITS ACT
----------------
October 8, 2025.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
----------------
Mr. Bost, from the Committee on Veterans' Affairs,
submitted the following
R E P O R T
[To accompany H.R. 3123]
[Including cost estimate of the Congressional Budget Office]
The Committee on Veterans' Affairs, to whom was referred
the bill (H.R. 3123) to amend title 38, United States Code, to
make certain improvements to laws relating to the payment of
certain benefits administered by the Secretary of Veterans
Affairs that are affected by death, and for other purposes,
having considered the same, reports favorably thereon with an
amendment and recommends that the bill as amended do pass.
CONTENTS
Page
Amendment........................................................ 1
Purpose and Summary.............................................. 2
Background and Need for Legislation.............................. 2
Hearings......................................................... 4
Subcommittee Consideration....................................... 5
Committee Consideration.......................................... 5
Committee Votes.................................................. 5
Committee Oversight Findings..................................... 5
Statement of General Performance Goals and Objectives............ 5
Earmarks and Tax and Tariff Benefits............................. 5
Committee Cost Estimate.......................................... 6
Budget Authority and Congressional Budget Office Estimate........ 6
Federal Mandates Statement....................................... 7
Advisory Committee Statement..................................... 7
Applicability to Legislative Branch.............................. 7
Statement on Duplication of Federal Programs..................... 7
Section-by-Section Analysis of the Legislation................... 8
Changes in Existing Law Made by the Bill as Reported............. 8
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ernest Peltz Accrued Veterans Benefits
Act''.
SEC. 2. PAYMENT BY SECRETARY OF VETERANS AFFAIRS OF PENSION AFTER DEATH
F A VETERAN IN CERTAIN CIRCUMSTANCES.
(a) In General.--Chapter 51 of title 38, United States Code, is
amended by inserting, after section 5121A, the following new section:
``Sec. 5121B. Payment of pension after death of a veteran in certain
circumstances
``(a) In General.--Subject to subsection (b), if the Secretary issues
a decision awarding entitlement to a pension to a veteran before the
death of such veteran, and the Secretary issues payment of such pension
after the veteran dies, such pension that was due and unpaid at the
time of the veteran's death shall be paid to the first living person or
entity listed below:
``(1) The veteran's spouse.
``(2) The veteran's children (in equal shares).
``(3) The veteran's dependent parents (in equal shares).
``(4) The estate of the deceased veteran unless the estate
will escheat.
``(b) Limitation.--In a case described in subsection (a), if no
application is filed under section 5121 of this title during the one-
year period following the death of the veteran, the pension described
in such subsection shall be paid to the estate of the deceased veteran
unless the estate will escheat.''.
(b) Technical and Conforming Amendments.--
(1) Conforming amendment.--Section 5121(a) of such title is
amended, in the matter preceding paragraph (1), by inserting
``section 5121B of this title, or'' before ``sections 3329 and
3330''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting, after the
item relating to section 5121A, the following new item:
``5121B. Payment of pension after death of a veteran in certain
circumstances.''.
(c) Effective Date.--The amendments made by this section shall apply
with respect to the death of a veteran that occurs on or after the date
of the enactment of this Act.
SEC. 3. EXTENSION OF CERTAIN LIMITS ON PAYMENTS OF PENSION.
Section 5503(d)(7) of title 38, United States Code, is amended by
striking ``November 30, 2031'' and inserting ``December 31, 2031''.
Purpose and Summary
H.R. 3123, the ``Ernest Peltz Accrued Veterans Benefits
Act,'' was introduced by Representative Elise Stefanik of New
York on April 30, 2025. This bill, as amended, would ensure
that if a veteran's application for a Department of Veterans
Affairs (VA) pension is granted, but that veteran passes away
before VA issues the first payment, the unpaid benefit will be
paid out in the following order to the: surviving spouse,
children, dependent parents, or deceased's estate.
Background and Need for Legislation
Section 1: Short Title
This Act may be cited as the ``Ernest Peltz Accrued
Veterans Benefits Act.''
Section 2: Payment by Secretary of Veterans Affairs of Pension After
Death of a Veteran in Certain Circumstances
In the rare instance that a veteran is awarded a VA pension
but passes away before that first payment is delivered, VA is
unable to reissue those accrued benefits to the surviving
family under current law. Despite its rarity, these instances
do occur, and it is the intent of the Committee to remedy this
situation to prevent undue strain and provide support for the
grieving family in their time of mourning.
The namesake of the bill, Mr. Ernest Peltz, was a World War
II Navy Veteran who lived in New York State at an assisted
living facility. While Mr. Peltz's application for pension was
approved by VA, unfortunately he passed away before VA was able
to distribute his accrued benefits. Due to a processing error,
these funds were not deposited into his account until 7 days
following his death. This qualified as an `overpayment,'
causing VA to bill Mr. Peltz's estate to recoup the payment.
The Committee believes this oversight in policy is wrong for
veterans and their families.
Elderly veterans who are eligible for pension are some of
our Nation's most financially vulnerable populations. Some of
the eligibility requirements for VA pensions include whether a
veteran and their dependents combined net worth is under
$159,240 and the veteran must be at least 65 years old.\1\ This
age range represents a large portion of our Nation's veterans,
including those who served in the Korean War, Vietnam War, the
Gulf War, and other conflicts before the 1990s.
---------------------------------------------------------------------------
\1\Current pension rates for Veterans, Pension Benefits, U.S. Dep't
of Veterans Affairs, Dec. 2, 2024, va.gov/pension/veterans-pension-
rates (Accessed Sept. 17, 2025).
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In their statement to the House Committee on Veterans'
Affairs Disability Assistance and Memorial Affairs Subcommittee
hearing held on June 24, 2025, to discuss this legislation, the
American Legion stated:
``According to VA National Center for Analysis and
Statistics, there are approximately 9,823,792 veterans
between the ages of 60 to 85 years of age or more. Of
these veterans, 7,808,106 aged 65 and older live at or
below the poverty threshold. These figures underscore
the importance of ensuring surviving spouses can
receive any accrued or pending benefits for the month
of the veteran's death. For low-income families,
expeditious and timely access to these benefits can
ease the burden of an already difficult time.''\2\
---------------------------------------------------------------------------
\2\Statement for the Record of the American Legion, (June 24,
2025), HHRG-119-VR09-20250624-SD014.pdf (house.gov).
---------------------------------------------------------------------------
In support of this bill, the Veterans of Foreign Wars of
the United States said in the same hearing:
``The VFW supports this legislation to ensure
survivors receive their Department of Veterans Affairs
(VA) pension benefit for the entire month in which a
veteran dies. Receiving the full month-of-death benefit
payment would better equip survivors to manage the
financial hardships that accompany a veteran's death.
Rather than abruptly stopping these benefits mid-month,
VA would maintain the accustomed income immediately
following the veteran's death, providing grieving
survivors the resource to settle urgent end-of-life
expenses.''\3\
---------------------------------------------------------------------------
\3\Statement for the Record of the Veterans of Foreign Wars of the
United States, (June 24, 2025), HHRG-119-VR09-20250624-SD004.pdf
(house.gov).
---------------------------------------------------------------------------
The Committee believes that this section would resolve the
issue surrounding the recoupment of payments issued to veterans
after their death and address this flawed policy. The pension
given to a veteran from the VA is a guarantee of funds to that
individual veteran, and it is the Committee's intent that the
payment should stay with the veteran's survivors, with no debt
incurred by their survivors.
Section 3: Extension of Certain Limits on Payments of Pension
Under current law (38 U.S.C. Sec. 5503(d)), the amount of
VA pension paid to a veteran with no spouse or child, a
veteran's surviving spouse with no child, or a veteran's child
who are admitted to a VA or Medicaid sponsored nursing facility
is capped at $90 a month. This section would cover the costs of
the other sections of this bill by extending this pension
limitation by one month to December 31, 2032. Because they
receive government sponsored care in a nursing home, these
pension beneficiaries do not require the full amount of pension
to cover their cost of living. The Committee believes this
short-term extension of the current limit on pension payments
is a reasonable way to cover the costs associated with the
other sections of this bill.
Hearings
On June 24, 2025, the Committee on Veterans' Affairs
Subcommittee on Disability Assistance and Memorial Affairs held
a legislative hearing on H.R. 3123 and other bills that were
pending before the subcommittee.
The following witnesses testified:
The Honorable Mike Bost, U.S. House of
Representatives; The Honorable Elise Stefanik, U.S.
House of Representatives; The Honorable Julia Brownley,
U.S. House of Representatives; The Honorable Chuck
Edwards, U.S. House of Representatives; The Honorable
Tom Barrett, U.S. House of Representatives; The
Honorable Tim Kennedy, U.S. House of Representatives;
The Honorable Jahana Hayes, U.S. House of
Representatives; Mrs. Julie Guleff, Caregiver and
Surviving Spouse of Stephen Guleff, Vietnam Veteran;
Mr. Michael J. Wishnie, William O. Douglas Clinical
Professor of Law and Director, Veterans Legal Services
Clinic, Yale Law School; Ms. Candace Wheeler, Senior
Director, Government and Legislative Affairs, Tragedy
Assistance Program for Survivors (TAPS); Mr. Evan
Deichert, Acting Deputy Vice Chairman, Board of
Veterans' Appeals, U.S. Department of Veterans Affairs;
Mr. Kevin Friel, Executive Director, Pension &
Fiduciary Service, Veterans Benefits Administration,
U.S. Department of Veterans Affairs; Mr. James W. Smith
II, Deputy Executive Director, Policy and Procedures,
Compensation Service, Veterans Benefits Administration,
U.S. Department of Veterans Affairs; Dr. Colleen
Richardson, Executive Director, Caregiver Support
Program, Veterans Health Administration, U.S.
Department of Veterans Affairs; Colonel (Ret.) Tiffany
M. Wagner, USAF, Clerk of the Court, U.S. Court of
Appeals for Veterans Claims.
The following individuals and organizations submitted
statements for the record:
The Honorable Debbie Wasserman Shultz of Florida;
Gold Star Spouses of America; Veterans of Foreign Wars;
Vietnam Veterans of America; National Organization of
Veterans' Advocates; Disabled American Veterans;
Quality of Life Foundation; Jewish Federations of North
America; Paralyzed Veterans of America; Administrative
Conference of the United States; Afikim Foundation;
American Legion; Shiron Collective; American Federation
of Government Employees; Republican Jewish Coalition;
Jonah Platt in their personal capacity; Shabbos
Kestenbaum in their personal capacity; John Ondrasik in
their personal capacity; Lizzy Savetsky in their
personal capacity; Aviva Klompas in their personal
capacity; Lee Trink in their personal capacity; Bethany
Mandel in their personal capacity; Iddo Goldberg in
their personal capacity; Liora Rezin their personal
capacity; Jason Greenblatt in their personal capacity;
Sarah Stern in their personal capacity; Nicole Neily in
their personal capacity; Adam Zimmerman in their
personal capacity.
Subcommittee Consideration
On July 3, 2025, the Subcommittee on Disability Assistance
and Memorial Affairs was discharged from further consideration
of H.R. 3123.
Committee Consideration
On July 23, 2025, the Full Committee met in open markup
session with a quorum being present, to consider H.R. 3123. The
following amendments were offered during consideration of H.R.
3123:
An amendment in the nature of a substitute to H.R. 3123 was
offered by Chairman Mike Bost to fully offset the cost of this
legislation. This amendment was agreed to by voice vote.
A motion by Ranking Member Takano of California to report
H.R. 3123, as amended, favorably to the House of
Representatives was agreed to by voice vote.
Committee Votes
In compliance with clause 3(b) of rule XIII of the Rules of
the House of Representatives, no recorded votes were taken on
amendments or in connection with ordering H.R. 3123, as
amended, reported to the House.
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII and clause
(2)(b)(1) of rule X of the Rules of the House of
Representatives, the Committee's oversight findings and
recommendations are reflected in the descriptive portions of
this report.
Statement of General Performance Goals and Objectives
In accordance with clause 3(c)(4) of rule XIII of the Rules
of the House of Representatives, the Committee's performance
goals and objectives of H.R. 3123, as amended, are to ensure
that veterans families received the accrued pension benefits
their deceased veteran loved-one was due.
Earmarks and Tax and Tariff Benefits
H.R. 3123, as amended, does not contain any Congressional
earmarks, limited tax benefits, or limited tariff benefits as
defined in clause 9 of rule XXI of the Rules of the House of
Representatives.
Committee Cost Estimate
The Committee adopts as its own the Congressional Budget
Office cost estimate on this measure.
Budget Authority and Congressional Budget Office Cost Estimate
Pursuant to clause (3)(c)(3) of rule XIII of the Rules of
the House of Representatives, the following is the cost
estimate for H.R. 3123, as amended, provided by the
Congressional Budget Office pursuant to section 402 of the
Congressional Budget Act of 1974:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
H.R. 3123 would require the Department of Veterans Affairs
(VA) to pay accrued pension benefits to a deceased veteran's
estate in cases where that veteran's eligible survivor does not
claim such benefits. The bill also would extend the reduction
of VA pension payments for veterans and survivors who reside in
Medicaid nursing homes. In total, enacting H.R. 3123 would
reduce net direct spending by $3 million over the 2026-2035
period (see Table 1). The costs of the legislation fall within
budget functions 550 (health) and 700 (veterans benefits and
services).
Accrued benefits. Section 2 would require VA to pay a
deceased veteran's accrued pension benefit to that veteran's
estate if no eligible survivor claims it. Under current law,
pension benefits that have been awarded but not yet paid at the
time of a veteran's death are payable only to that veteran's
surviving spouse, children, or parents. If none of those
survivors claim the pension within a year of the veteran's
death, the veteran's estate or another individual can only
receive reimbursement for funeral expenses. Using information
from VA on the number of veterans who die before receiving
their pension and the frequency with which eligible survivors
claim those accrued benefits, CBO estimates that the department
would pay accrued benefits to veterans' estates about 20 times
each year. From 2019-2024, accrued benefit payments have
averaged about $3,000; thus, CBO estimates enacting section 2
would increase direct spending by $1 million over the 2026-2035
period.
Pensions and Medicaid. Under current law, VA reduces
pension payments to veterans and survivors who reside in
Medicaid nursing homes to $90 per month. That required
reduction expires November 30, 2031. Section 3 would extend
that reduction for one month, through December 31, 2031. CBO
estimates that extending that requirement would reduce VA
benefits by $10 million per month. As a result of that
reduction in beneficiaries' income, Medicaid would pay more of
the cost of their care, increasing spending for that program by
$6 million per month. Thus, enacting section 3 would reduce net
direct spending by $4 million over the 2026-2035 period.
Table 1.--CHANGES IN DIRECT SPENDING UNDER H.R. 3123
--------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, millions of dollars--
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2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2026-2030 2026-2035
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Accrued Benefits:
Estimated Budget Authority.............................. * * * * * * * * * 1 * 1
Estimated Outlays....................................... * * * * * * * * * 1 * 1
Pensions and Medicaid:
Estimated Budget Authority.............................. 0 0 0 0 0 0 -4 0 0 0 0 -4
Estimated Outlays....................................... 0 0 0 0 0 0 -4 0 0 0 0 -4
Total Changes:
Estimated Budget Authority.............................. * * * * * * -4 * * 1 * -3
Estimated Outlays....................................... * * * * * * -4 * * 1 * -3
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* = between zero and $500,000.
The CBO staff contacts for this estimate are David Rafferty
and Logan Smith. The estimate was reviewed by Christina Hawley
Anthony, Deputy Director of Budget Analysis.
Phillip L. Swagel,
Director, Congressional Budget Office.
Federal Mandates Statement
Section 423 of the Congressional Budget and Impoundment
Control Act (as amended by Section 101(a)(2) of the Unfunded
Mandate Reform Act, P.L. 104-4 is inapplicable to H.R. 3123, as
amended.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act would be created by H.R.
3123, as amended.
Applicability to Legislative Branch
The Committee finds that H.R. 3123, as amended, does not
relate to the terms and conditions of employment or access to
public services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Statement on Duplication of Federal Programs
Pursuant to clause 3(c)(5) of rule XIII of the Rules of the
House of Representatives, the Committee finds that no provision
of H.R. 3123, as amended, would establish or reauthorize a
program of the Federal Government known to be duplicative of
another Federal program, a program that was included in any
report from the Government Accountability Office to Congress
pursuant to section 21 of Public Law 111-139, or a program
related to a program identified in the most recent Catalog of
Federal Domestic Assistance.
Section-by-Section Analysis of the Legislation
Section 1: Short title
This section would establish the short title of the bill as
the ``Ernest Peltz Accrued Veterans Benefits Act.''
Section 2: Payment by Secretary of Veterans Affairs of pension after
death of a veteran in certain circumstances
This section would amend Chapter 51 of United States Code
38 by inserting a new subsection under 38 U.S.C. Sec. 5121A
that would pay out pension in cases where a veteran was issued
a decision awarding entitlement to pension, but the veteran
passed away before the payment was issued. This section
specifies that the due, but unpaid, pension would be paid to
the first living person in the order of this list: (1) the
veteran's spouse; (2) the veteran's children (in equal shares);
(3) the veteran's dependent parents (in equal shares); or (4)
the estate of the deceased veteran unless the estate would
escheat.
This section would also establish the limitation for
application of unpaid, but due, pension as one-year following
the death of the veteran; if no application from an eligible
party is filed, the pension will be paid to the estate of the
deceased veteran unless the estate escheats.
Finally, this section establishes that the amendments made
by this section will apply after the date of the enactment of
this Act.
Section 3: Extension of certain limits on payments of pension
This section would extend the limitation of pension payable
to certain veterans, their surviving spouses, and their
children as established in 38 U.S.C. Sec. 5503(d)(7), from
November 30, 2031, to December 31, 2031.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, existing law in which no change
is proposed is shown in roman):
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, and existing law in which no
change is proposed is shown in roman):
TITLE 38, UNITED STATES CODE
* * * * * * *
PART IV--GENERAL ADMINISTRATIVE PROVISIONS
* * * * * * *
CHAPTER 51--CLAIMS, EFFECTIVE DATES, AND PAYMENTS
Sec.
* * * * * * *
SUBCHAPTER III--PAYMENT OF BENEFITS
* * * * * * *
5121B. Payment of pension after death of a veteran in certain
circumstances.
* * * * * * *
SUBCHAPTER III--PAYMENT OF BENEFITS
* * * * * * *
Sec. 5121. Payment of certain accrued benefits upon death of a
beneficiary
(a) Except as provided in section 5121B of this title, or
sections 3329 and 3330 of title 31, periodic monetary benefits
(other than insurance and servicemen's indemnity) under laws
administered by the Secretary to which an individual was
entitled at death under existing ratings or decisions or those
based on evidence in the file at date of death (hereinafter in
this section and section 5122 of this title referred to as
``accrued benefits'') and due and unpaid, shall, upon the death
of such individual be paid as follows:
(1) Upon the death of a person receiving an
apportioned share of benefits payable to a veteran, all
or any part of such benefits to the veteran or to any
other dependent or dependents of the veteran, as may be
determined by the Secretary.
(2) Upon the death of a veteran, to the living person
first listed below:
(A) The veteran's spouse.
(B) The veteran's children (in equal shares).
(C) The veteran's dependent parents (in equal
shares).
(3) Upon the death of a surviving spouse or remarried
surviving spouse, to the children of the deceased
veteran.
(4) Upon the death of a child, to the surviving
children of the veteran who are entitled to death
compensation, dependency and indemnity compensation, or
death pension.
(5) Upon the death of a child claiming benefits under
chapter 18 of this title, to the surviving parents.
(6) In all other cases, only so much of the accrued
benefits may be paid as may be necessary to reimburse
the person who bore the expense of last sickness and
burial.
(b) No part of any accrued benefits shall be used to
reimburse any political subdivision of the United States for
expenses incurred in the last sickness or burial of any
beneficiary.
(c) Applications for accrued benefits must be filed within
one year after the date of death. If a claimant's application
is incomplete at the time it is originally submitted, the
Secretary shall notify the claimant of the evidence necessary
to complete the application. If such evidence is not received
within one year from the date of such notification, no accrued
benefits may be paid.
* * * * * * *
Sec. 5121B. Payment of pension after death of a veteran in certain
circumstances
(a) In General.--Subject to subsection (b), if the Secretary
issues a decision awarding entitlement to a pension to a
veteran before the death of such veteran, and the Secretary
issues payment of such pension after the veteran dies, such
pension that was due and unpaid at the time of the veteran's
death shall be paid to the first living person or entity listed
below:
(1) The veteran's spouse.
(2) The veteran's children (in equal shares).
(3) The veteran's dependent parents (in equal
shares).
(4) The estate of the deceased veteran unless the
estate will escheat.
(b) Limitation.--In a case described in subsection (a), if no
application is filed under section 5121 of this title during
the one-year period following the death of the veteran, the
pension described in such subsection shall be paid to the
estate of the deceased veteran unless the estate will escheat.
* * * * * * *
CHAPTER 55--MINORS, INCOMPETENTS, AND OTHER WARDS
* * * * * * *
Sec. 5503. Hospitalized veterans and estates of incompetent
institutionalized veterans
(a)(1)(A) Where any veteran having neither spouse nor child
is being furnished domiciliary care by the Department, no
pension in excess of $90 per month shall be paid to or for the
veteran for any period after the end of the third full calendar
month following the month of admission for such care.
(B) Except as provided in subparagraph (D) of this paragraph,
where any veteran having neither spouse nor child is being
furnished nursing home care by the Department, no pension in
excess of $90 per month shall be paid to or for the veteran for
any period after the end of the third full calendar month
following the month of admission for such care. Any amount in
excess of $90 per month to which the veteran would be entitled
but for the application of the preceding sentence shall be
deposited in a revolving fund at the Department medical
facility which furnished the veteran nursing care, and such
amount shall be available for obligation without fiscal year
limitation to help defray operating expenses of that facility.
(C) No pension in excess of $90 per month shall be paid to or
for a veteran having neither spouse nor child for any period
after the month in which such veteran is readmitted for care
described in subparagraph (A) or (B) of this paragraph and
furnished by the Department if such veteran is readmitted
within six months of a period of care in connection with which
pension was reduced pursuant to subparagraph (A) or (B) of this
paragraph.
(D) In the case of a veteran being furnished nursing home
care by the Department and with respect to whom subparagraph
(B) of this paragraph requires a reduction in pension, such
reduction shall not be made for a period of up to three
additional calendar months after the last day of the third
month referred to in such subparagraph if the Secretary
determines that the primary purpose for the furnishing of such
care during such additional period is for the Department to
provide such veteran with a prescribed program of
rehabilitation services, under chapter 17 of this title,
designed to restore such veteran's ability to function within
such veteran's family and community. If the Secretary
determines that it is necessary, after such period, for the
veteran to continue such program of rehabilitation services in
order to achieve the purposes of such program and that the
primary purpose of furnishing nursing home care to the veteran
continues to be the provision of such program to the veteran,
the reduction in pension required by subparagraph (B) of this
paragraph shall not be made for the number of calendar months
that the Secretary determines is necessary for the veteran to
achieve the purposes of such program.
(2) The provisions of paragraph (1) shall also apply to a
veteran being furnished such care who has a spouse but whose
pension is payable under section 1521(b) of this title. In such
a case, the Secretary may apportion and pay to the spouse, upon
an affirmative showing of hardship, all or any part of the
amounts in excess of the amount payable to the veteran while
being furnished such care which would be payable to the veteran
if pension were payable under section 1521(c) of this title.
(b) Notwithstanding any other provision of this section or
any other provision of law, no reduction shall be made in the
pension of any veteran for any part of the period during which
the veteran is furnished hospital treatment, or institutional
or domiciliary care, for Hansen's disease, by the United States
or any political subdivision thereof.
(c) Where any veteran in receipt of an aid and attendance
allowance described in subsection (r) or (t) of section 1114 of
this title is hospitalized at Government expense, such
allowance shall be discontinued from the first day of the
second calendar month which begins after the date of the
veteran's admission for such hospitalization for so long as
such hospitalization continues. Any discontinuance required by
administrative regulation, during hospitalization of a veteran
by the Department, of increased pension based on need of
regular aid and attendance or additional compensation based on
need of regular aid and attendance as described in subsection
(l) or (m) of section 1114 of this title, shall not be
effective earlier than the first day of the second calendar
month which begins after the date of the veteran's admission
for hospitalization. In case a veteran affected by this
subsection leaves a hospital against medical advice and is
thereafter admitted to hospitalization within six months from
the date of such departure, such allowance, increased pension,
or additional compensation, as the case may be, shall be
discontinued from the date of such readmission for so long as
such hospitalization continues.
(d)(1) For the purposes of this subsection--
(A) the term ``Medicaid plan'' means a State plan for
medical assistance referred to in section 1902(a) of
the Social Security Act (42 U.S.C. 1396a(a)); and
(B) the term ``nursing facility'' means a nursing
facility described in section 1919 of such Act (42
U.S.C. 1396r), other than a facility that is a State
home with respect to which the Secretary makes per diem
payments for nursing home care pursuant to section
1741(a) of this title.
(2) If a veteran having neither spouse nor child is covered
by a Medicaid plan for services furnished such veteran by a
nursing facility, no pension in excess of $90 per month shall
be paid to or for the veteran for any period after the month of
admission to such nursing facility.
(3) Notwithstanding any provision of title XIX of the Social
Security Act, the amount of the payment paid a nursing facility
pursuant to a Medicaid plan for services furnished a veteran
may not be reduced by any amount of pension permitted to be
paid such veteran under paragraph (2) of this subsection.
(4) A veteran is not liable to the United States for any
payment of pension in excess of the amount permitted under this
subsection that is paid to or for the veteran by reason of the
inability or failure of the Secretary to reduce the veteran's
pension under this subsection unless such inability or failure
is the result of a willful concealment by the veteran of
information necessary to make a reduction in pension under this
subsection.
(5)(A) The provisions of this subsection shall apply with
respect to a surviving spouse having no child in the same
manner as they apply to a veteran having neither spouse nor
child.
(B) The provisions of this subsection shall apply with
respect to a child entitled to pension under section 1542 of
this title in the same manner as they apply to a veteran having
neither spouse nor child.
(6) The costs of administering this subsection shall be paid
for from amounts available to the Department of Veterans
Affairs for the payment of compensation and pension.
(7) This subsection expires on [November 30, 2031] December
31, 2031.
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