### **CHAPTER 53—SPECIAL PROVISIONS RELATING TO BENEFITS**

Sec.
5301.
Nonassignability and exempt status of benefits.
5302.
Waiver of recovery of claims by the United States.
5302A.
Collection of indebtedness: certain debts of members of the Armed Forces and veterans who die of injury incurred or aggravated in the line of duty in a combat zone.
5302B.
Prohibition of debt arising from overpayment due to delay in processing.
5303.
Certain bars to benefits.
5303A.
Minimum active-duty service requirement.
5303B.
Character of service determinations.
5304.
Prohibition against duplication of benefits.
5305.
Waiver of retired pay.
5306.
Renouncement of right to benefits.
5307.
Apportionment of benefits.
5308.
Withholding benefits of persons in territory of the enemy.
5309.
Payment of certain withheld benefits.
5310.
Payment of benefits for month of death.
5311.
Prohibition of certain benefit payments.
5312.
Annual adjustment of certain benefit rates.
5313.
Limitation on payment of compensation and dependency and indemnity compensation to persons incarcerated for conviction of a felony.
5313A.
Limitation on payment of clothing allowance to incarcerated veterans.
5313B.
Prohibition on providing certain benefits with respect to persons who are fugitive felons.
5314.
Indebtedness offsets.
5314A.
Dispute of indebtedness.
5315.
Interest and administrative cost charges on delinquent payments of certain amounts due the United States.
5316.
Authority to sue to collect certain debts.
5317.
Use of income information from other agencies: notice and verification.
5317A.
Use of income information from other agencies: independent verification required before termination or reduction of certain benefits and services.
5318.
Review of Social Security Administration death information.
5319.
Limitations on access to financial records.
5320.
Threshold for reporting debts to consumer reporting agencies.

#### **Editorial Notes**

#### Amendments

**2022**—Pub. L. 117–328, div. U, title II, §§252(a)(2), 255(b)(4), Dec. 29, 2022, 136 Stat. 5463, 5465, added items 5302B and 5314A.

**2021**—Pub. L. 116–315, title II, §2007(b), Jan. 5, 2021, 134 Stat. 4977, added item 5320.

**2018**—Pub. L. 115–141, div. J, title II, §259(b), Mar. 23, 2018, 132 Stat. 829, added item 5303B.

**2008**—Pub. L. 110–252, title I, §1303(a)(2), June 30, 2008, 122 Stat. 2327, added item 5302A.

**2007**—Pub. L. 110–157, title III, §301(b)(2), Dec. 26, 2007, 121 Stat. 1836, added item 5317A.

**2003**—Pub. L. 108–183, title VII, §708(c)(4)(B)(ii), Dec. 16, 2003, 117 Stat. 2675, substituted "Social Security Administration" for "Department of Health and Human Services" in item 5318.

**2001**—Pub. L. 107–103, title V, §505(a)(2), Dec. 27, 2001, 115 Stat. 996, added item 5313B.

**1996**—Pub. L. 104–275, title V, §502(b), Oct. 9, 1996, 110 Stat. 3341, added item 5313A.

**1992**—Pub. L. 102–568, title VI, §603(b)(2), Oct. 29, 1992, 106 Stat. 4343, added item 5319.

**1991**—Pub. L. 102–40, title IV, §402(c)(1), May 7, 1991, 105 Stat. 239, renumbered items 3101 to 3118 as 5301 to 5318, respectively.

**1990**—Pub. L. 101–508, title VIII, §§8051(b)(2), 8053(b)(2), Nov. 5, 1990, 104 Stat. 1388–351, 1388–353, added items 3117 and 3118.

**1981**—Pub. L. 97–66, title VI, §604(a)(2), Oct. 17, 1981, 95 Stat. 1036, added item 3103A.

**1980**—Pub. L. 96–466, title VI, §605(a)(2), Oct. 17, 1980, 94 Stat. 2211, added items 3114, 3115, and 3116.

Pub. L. 96–385, title V, §504(b), Oct. 7, 1980, 94 Stat. 1535, added item 3113.

**1978**—Pub. L. 95–588, title III, §305(b), Nov. 4, 1978, 92 Stat. 2508, added item 3112.

**1972**—Pub. L. 92–328, title II, §203, June 30, 1972, 86 Stat. 397, substituted "claims by the United States" for "overpayments" in item 3102.

**1970**—Pub. L. 91–376, §8(c), Aug. 12, 1970, 84 Stat. 790, added item 3111.

**1962**—Pub. L. 87–825, §4(b), Oct. 15, 1962, 76 Stat. 950, added item 3110.

#### **Statutory Notes and Related Subsidiaries**

#### Department of Veterans Affairs Notice Relating to Debt Collection Activities

Pub. L. 115–407, title V, §504(a)–(c), Dec. 31, 2018, 132 Stat. 5378, provided that:

"(a) Debt Notification Letter Formats.—The Secretary of Veterans Affairs shall collaborate with veterans service organizations to develop a standard format for any letter provided to an individual who the Secretary determines is indebted to the United States by virtue of such individual's participation in a benefits program administered by the Secretary. Such letter shall be written in plain language and shall include a notice of the debt and a clear explanation of—

"(1) why the individual is indebted to the United States by virtue of such person's participation in a benefits program administered by the Secretary; and

"(2) the options available to the individual.

"(b) Delivery of Debt Notices by Standard Mail and Electronic Means.—The Secretary shall develop a method by which individuals may elect to receive notice of debt by electronic means and shall ensure, to the extent practicable, that the letter developed under subsection (a) is delivered—

"(1) by both standard mail and by electronic means to intended recipients who have made such an election; and

"(2) only by standard mail to intended recipients who have not made such an election.

"(c) Notice to Congress.—

"(1) Notices of completion.—Upon completion of the development of the standard letter format required under subsection (a) and upon completion of development of the method by which individuals may elect to receive notice of debt by electronic means under subsection (b), the Secretary shall submit to Congress notice of the completion of the respective development.

"(2) Progress reports.—If the Secretary has not submitted each notice required by paragraph (1) by the date that is 90 days after the date of the enactment of this Act [Dec. 31, 2018], the Secretary shall—

"(A) submit to Congress a report describing the progress of the Secretary toward implementing subsections (a) and (b) and an explanation for why the respective development has not been completed; and

"(B) every 30 days thereafter until all of the notices required by paragraph (1) have been submitted, submit to Congress an update to the report under subparagraph (A) that includes an additional explanation for the failure to complete the respective development."