Code), is not a surviving spouse (as defined in section 2(a) of such Code), and is not a head of household (as defined in section 2(b) of such Code); and

(B) if the child is pursuing a course of postsecondary education or vocational rehabilitation or training, the amount paid by such child for such course of education or vocational rehabilitation or training, including the amount paid for tuition, fees, books, and materials. (Amended P.L. 86-211, $2(a); P.L. 87-268, § 1(b); P.L. 88-664, §1; P.L. 90-77. § 103; P.L. 91-588, §7; P.L. 92-425, § 6(2); P.L. 94-169, §§ 101 (2) (A), 106(3)-(7); P.L. 95-588, § 102 (a).) (b) Where a fraction of a dollar is involved, annual income shall be fixed at the next lower dollar. (Added P.L. 92–198, § 2(b).) § 504. Persons heretofore having a pensionable status

The pension benefits of subchapters II and III of this chapter shall, notwithstanding the service requirements of such subchapters, be granted to persons heretofore recognized by law as having a pensionable status.

§ 505. Payment of pension during confinement in penal insti tutions

(a) No pension under public or private laws administered by the Veterans' Administration shall be paid to or for an individual who has been imprisoned in a Federal, State, or local penal institution as a result of conviction of a felony or misdemeanor for any part of the period beginning sixty-one days after such individual's imprisonment begins and ending when such individual's imprisonment ends. (Amended P.L. 94-169, § 106 (9).)

(b) Where any veteran is disqualified for pension for any period solely by reason of subsection (a) of this section, the Administrator may apportion and pay to such veteran's spouse or children the pension which such veteran would receive for that period but for this section. (Amended P.L. 94-169, § 106 (10).)

(c) Where any surviving spouse or child of a veteran is disqualified for pension for any period solely by reason of subsection (a) of this section, the Administrator may (1) if the surviving spouse is so disqualified, pay to the child, or children, the pension which would be payable if there were no such surviving spouse or (2) if a child is so disqualified, pay to the surviving spouse or other children, as applicable, the pension which would be payable if there were no such child. (Amended P.L. 94-169, § 106 (11).)

§ 506. Resource reports and overpayment adjustments

(a) As a condition of granting or continuing pension under sec tions 521, 541, or 542 of this title, the Administrator

(1) may require from any person who is an applicant for or a recipient of pension such information, proofs, and evidence as the Administrator determines to be necessary in order to determine the annual income and the value of the corpus of the estate of such person, and of any spouse or child for whom the person is receiv ing or is to receive increased pension (such a child is hereinafter

in this subsection referred to as a "dependent child"), and, in the case of a child applying for or in recipt of pension under section 542 of this title (hereinafter in this subsection referred to as a "surviving child"), of any person with whom such child is residing who is legally responsible for such child's support;

(2) shall require that any such applicant or recipient file each year with the Veterans' Administration (on such form as may be prescribed for such purpose by the Administrator) a report showing

(A) the annual income which such applicant or recipient (and any such spouse or dependent child) received during the preceding year, the corpus of the estate of such applicant or recipient (and of any such spouse or dependent child) at the end of such year, and in the case of a surviving child, the income and corpus of the estate of any person with whom such child is residing who is legally responsible for such child's support;

(B) such applicant's or receipient's estimate for the then current year of the annual income such applicant or recipient (and any such spouse or dependent child) expects to receive and of any expected increase in the value of the corpus of the estate of such applicant or recipient (and for any such spouse or dependent child); and

(C) in the case of a surviving child, an estimate for the then current year of the annual income of any person with whom such child is residing who is legally responsible for such child's support and of any expected increase in the value of the corpus of the estate of such person;

(3) shall require that any such applicant or recipient promptly file a revised report whenever there is a material change in the estimated annual income of such applicant or recipient (or of any such spouse or dependent child) or a material change in such applicant's or recipient's estimate of the value of the corpus of the estate of such applicant or recipient (or of any such spouse or dependent child), and in the case of a surviving child, a material change in the estimated annual income or value of the corpus of the estate of any person with whom such child is residing who is legally responsible for such child's support; and

(4) shall require that any such applicant or recipient applying for or in receipt of increased pension on account of a person who is a spouse or child of such applicant or recipient promptly notify the Administrator if such person ceases to meet the applicable definition of spouse or child. (Added P.L. 86-211, § 2(b); amended P.L. 88-664, §2; P.L. 91-588, § 6; P.L. 94–169, § 106 (12)-(14); P.L. 95-588, § 103.)

(b) If there is an overpayment of pension under section 521, 541, or 542 of this title, the amount thereof shall be deducted (unless waived) from any future payments made thereunder to the person concerned. (Added P.L. 86-211, § 2(b).)

§ 507. Disappearance

Where a veteran receiving pension under subchapter II of this chapter disappears, the Administrator may pay the pension other

wise payable to such veteran's spouse and children. In applying the provisions of this section, the Administrator may presume, without reports pursuant to section 506(a) of this title, that the status of the veteran at the time of disappearance, with respect to permanent and total disability, income, and net worth, continues unchanged Payments made to a spouse or child under this section shall not exceed the amount to which each would be entitled if the veteran died of a non-service-connected disability. (Added P.L. 89-467, § 1(a): amended P.L. 94-169, § 106 (15).)

§ 508. Frequency of payment of pension benefits

(a) Except as provided under subsection (b) of this section, benefits under sections 521, 541, and 542 of this title shall be paid monthly. (Added P.L. 95-588, § 104 (a).)

(b) Under regulations which the Administrator shall prescribe, benefits under sections 521, 541, and 542 of this title may be paid less frequently than monthly if the amount of the annual benefit is less than 4 per centum of the maximum annual rate payable to a veteran under section 521 (b) of this title. (Added P.L. 95-588, § 104 (a).)

Subchapter II-Veterans' Pensions

SERVICE PENSION

§ 511. Indian War veterans

(a) The Administrator shall pay to cach veteran of the Indian Wars who meets the service requirements of this section a pension at the following monthly rate:

(1) $101.59; or

(2) $135.45 if the veteran is in need of regular aid and attendance.

(b) A veteran meets the service requirements of this section if such veteran served in one of the Indian Wars

(1) for thirty days or more; or

(2) for the duration of such Indian War;

in any military organization, whether or not such service was the result of regular muster into service of the United States, if such service was under the authority or by the approval of the United States or any State. (Amended P.L. 94-169, § 106 (16).)

(c) (1) Any veteran eligible for pension under this section shall, if such veteran so elects, be paid pension at the rates prescribed by section 521 of this title, and under the conditions (other than the service requirements) applicable to pension paid under that section to veterans of World War I. If pension is paid pursuant to such an election, the election shall be irrevocable, except as provided in paragraph (2).

(2) The Administrator shall pay each month to each veteran of the Indian Wars who is receiving, or entitled to receive, pension based on a need of regular aid and attendance, whichever amount is greater (A) that provided by paragraph (2) of subsection (a) of this section, or (B) that which is payable to the veteran under section 521 of this title, if such veteran has elected, or would be payable if such veteran were to elect, to receive pension under such section pur

suant to paragraph (1) of this subsection. Each change in the amount of pension payment required by this paragraph shall be effective as of the first day of the month during which the facts of the particular case warrant such change, and shall be made without specific application therefor. (Added P.L. 86-670, § 1; amended P.L. 90-77, § 111 (a); P.L. 94-169, § 106 (16).)

§ 512. Spanish-American War veterans

(a) (1) The Administrator shall pay to each veteran of the SpanishAmerican War who meets the service requirements of this subsection a pension at the following monthly rate:

(A) $101.59; or

(B) $135.45 if the veteran is in need of regular aid and attendance.

(2) A veteran meets the service requirements of this subsection if such veteran served in the active military or naval service

(A) for ninety days or more during the Spanish-American War;

(B) during the Spanish-American War and was discharged or released from such service for a service-connected disability; or (C) for a period of ninety consecutive days or more and such period began or ended during the Spanish-American War. (3) (A) Any veteran eligible for pension under this subsection shall, if such veteran so elects, be paid pension at the rates prescribed by section 521 of this title (except the rate provided under subsection (g) of such section), and under the conditions (other than the service requirements) applicable to pension paid under that section to veterans of a period of war. If pension is paid pursuant to such an election, the election shall be irrevocable.

(B) The Administrator shall pay each month to each SpanishAmerican War veteran who is receiving, or entitled to receive, pension based on a need of regular aid and attendance, whichever amount is greater (i) that provided by subparagraph (B) of subsection (a)(1) of this section, or (ii) that which is payable to the veteran under section 521 of this title, as in effect on December 31, 1978, under regulations which the Administrator shall prescribe. Each change in the amount of pension payment required by this subparagraph shall be effective as of the first day of the month during which the facts of the particular case warrant such change, and shall be made without specific application therefor. (Amended P.L. 86-670, § 2; P.L. 90-77, § 111(b); P.L. 94–169, § 106 (17); P.L. 95-588, § 105.)

(b) (1) The Administrator shall pay to each veteran of the SpanishAmerican War who does not meet the service requirements of subsection (a), but who meets the service requirements of this subsection, a pension at the following monthly rate:

(A) $67.73; or

(B) $88.04 if the veteran is in need of regular aid and attendance.

(2) A veteran meets the service requirements of this subsection if such veteran served in the active military or naval service

(A) for seventy days or more during the Spanish-American War; or

37-945 - 79-7

(B) for a period of seventy consecutive days or more and such period began or ended during the Spanish-American War. Amended P.L. 94-169, § 106 (17).)

NON-SERVICE-CONNECTED DISABILITY PENSION

§ 521. Veterans of a period of war

(a) The Administrator shall pay to each veteran of a period of war who meets the service requirements of this section (as prescribed in subsection (j) of this section) and who is permanently and totally disabled from non-service-connected disability not the result of the veteran's willful misconduct, pension at the rate prescribed by this section, as increased from time to time under section 3112 of this title. (Amended P.L. 86-211, § 3 (a) (2); P.L. 90-77, § 202(a); P.L. 91–588 89(c) (1); P.L. 95-588, § 106 (a).)

(b) If the veteran is unmarried (or married but not living with or reasonably contributing to the support of such veteran's spouse) and there is no child of the veteran in the custody of the veteran or to whose support the veteran is reasonably contributing, and unless the veteran is entitled to pension at the rate provided by subsection (d) (1) or (e) of this section, pension shall be paid to the veteran at the annual rate of $3,550, reduced by the amount of the veteran's annual income. (Added P.L. 86-211, § 3(a) (3); amended P.L. 88-664, § 3(a); P.L 90-77, § 104 (a); P.L. 90-275, § 1(a); P.L. 91-588, § 1(a); P.L. 92-19%. §1(a); P.L. 93-177, § 1(a); P.L. 93-527, § 2(1); P.L. 94-169, § 10. (1); P.L. 94-432, § 202 (1), (2); P.L. 95-204, § 101 (1), (2); P.L 95-588, § 106 (a).)

(c) If the veteran is married and living with or reasonably con tributing to the support of such veteran's spouse, or if there is a child of the veteran in the custody of the veteran or to whose support the veteran is reasonably contributing, pension shall be paid to the vet eran at the annual rate of $4,651, unless the veteran is entitled to pension at the rate provided by subsection (d) (2), (e), or (f) of this section. If the veteran has two or more such family members, such annual rate shall be increased by $600 for each such family member in excess of one. The rate payable shall be reduced by the amount of the veteran's annual income and, subject to subsection (h) (1) of this section, the amount of annual income of such family members (Added P.L. 86-211, § 3(a) (3); amended P.L. 88-664, § 3(b); P.L 90-77, § 104 (b); P.L. 90-275, § 1(b); P.L. 91-588, § 1(b); P.L. 92198, § 1(b); P.L. 93-177, § 1(b); P.L. 93-527, § 2 (2); P.L. 94-169. $ 102(1); P.L. 94-432, § 202 (3), (4); P.L. 95-204, § 101 (3), (4): P.L. 95-588, § 106(a).)

(d) (1) If the veteran is in need of regular aid and attendance. the annual rate of pension payable to the veteran under subsection (b) of this section shall be $5,680, reduced by the amount of the veteran's annual income.

(2) If the veteran is in need of regular aid and attendance, the annual rate of pension payable to the veteran under subsection (c) of this section shall be $6,781. If such veteran has two or more family members, as described in subsection (c) of this section, the annual rate of pension shall be increased by $600 for each such family member in