38 USC § 5317A - Use of income information from other agencies: independent verification required before termination or reduction of certain benefits and services | Title 38 - Veterans Benefits | U.S. Code

USCPrelim is a preliminary release and may be subject to further revision before it is released again as a final version.

Current through Pub. L. 113-99. (See Public Laws for the current Congress.)

(a) Independent Verification Required.— The Secretary may terminate, deny, suspend, or reduce any benefit or service specified in section 5317 (c), with respect to an individual under age 65 who is an applicant for or recipient of such a benefit or service, by reason of information obtained from the Secretary of Health and Human Services under section 453(j)(11) of the Social Security Act, only if the Secretary takes appropriate steps to verify independently information relating to the individual’s employment and income from employment.

(b) Opportunity to Contest Findings.— The Secretary shall inform each individual for whom the Secretary terminates, denies, suspends, or reduces any benefit or service under subsection (a) of the findings made by the Secretary under such subsection on the basis of verified information and shall provide to the individual an opportunity to contest such findings in the same manner as applies to other information and findings relating to eligibility for the benefit or service involved.

(c) Source of Funds for Reimbursement to Secretary of Health and Human Services.— The Secretary shall pay the expense of reimbursing the Secretary of Health and Human Services in accordance with section 453(j)(11)(E) of the Social Security Act, for the cost incurred by the Secretary of Health and Human Services in furnishing information requested by the Secretary under section 453(j)(11) of such Act, from amounts available to the Department for the payment of compensation and pensions.

(d) Expiration of Authority.— The authority under this section shall expire on November 18, 2011.

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(a) Independent Verification Required.— The Secretary may terminate, deny, suspend, or reduce any benefit or service specified in section 5317 (c), with respect to an individual under age 65 who is an applicant for or recipient of such a benefit or service, by reason of information obtained from the Secretary of Health and Human Services under section 453(j)(11) of the Social Security Act, only if the Secretary takes appropriate steps to verify independently information relating to the individual’s employment and income from employment.

(b) Opportunity to Contest Findings.— The Secretary shall inform each individual for whom the Secretary terminates, denies, suspends, or reduces any benefit or service under subsection (a) of the findings made by the Secretary under such subsection on the basis of verified information and shall provide to the individual an opportunity to contest such findings in the same manner as applies to other information and findings relating to eligibility for the benefit or service involved.

(c) Source of Funds for Reimbursement to Secretary of Health and Human Services.— The Secretary shall pay the expense of reimbursing the Secretary of Health and Human Services in accordance with section 453(j)(11)(E) of the Social Security Act, for the cost incurred by the Secretary of Health and Human Services in furnishing information requested by the Secretary under section 453(j)(11) of such Act, from amounts available to the Department for the payment of compensation and pensions.

(d) Expiration of Authority.— The authority under this section shall expire on November 18, 2011.

Source

(Added Pub. L. 110–157, title III, § 301(b)(1),Dec. 26, 2007, 121 Stat. 1835; amended Pub. L. 112–37, § 17(a),Oct. 5, 2011, 125 Stat. 398.)

References in Text

Section 453 of the Social Security Act, referred to in subsecs. (a) and (c), is classified to section 653 of Title 42, The Public Health and Welfare.

Amendments

2011—Subsec. (d). Pub. L. 112–37substituted “November 18, 2011” for “September 30, 2011”.

The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.

The most recent Classification Table update that we have noticed was Tuesday, May 21, 2013

An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.

How To Use

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"nt" means note.
"nt [tbl]" means note [table].
"prec" means preceding.
"fr" means a transfer from another section.
"to" means a transfer to another section.
"omitted" means the section is omitted.
"repealed" means the section is repealed.
"nt ed change" and "ed change" - See the Editorial Classification Change Table [pdf].

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General Reference

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38 USC	Description of Change	Session Year	Public Law	Statutes at Large

38 USC § 5317A - Use of income information from other agencies: independent verification required before termination or reduction of certain benefits and services

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