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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4465 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 4465

   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.

_______________________________________________________________________

                    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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 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.''.
                                 <all>
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