[Federal Register: June 18, 1999 (Volume 64, Number 117)]
[Rules and Regulations]               
[Page 32807]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18jn99-7]                         

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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 3

RIN 2900-AJ50

 
Pension Benefits

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

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SUMMARY: This document amends the Department of Veterans Affairs (VA) 
adjudication regulations to reflect statutory provisions extending the 
date through which VA will limit the pension benefits of certain 
veterans and surviving spouses receiving Medicaid-covered nursing home 
care to $90 per month.

DATES: Effective Date: August 5, 1997.

FOR FURTHER INFORMATION CONTACT: Donald England, Chief, Regulations 
Staff, Compensation and Pension Service, Veterans Benefits 
Administration, 810 Vermont Avenue, NW, Washington, DC 20420, telephone 
(202) 273-7210.

SUPPLEMENTARY INFORMATION: Section 8003 of Pub. L. 101-508 required VA 
to limit the pension benefits of any veteran having neither spouse nor 
child and who receives Medicaid-covered nursing home care to no more 
than $90 per month. This statutory provision expired September 30, 
1992. Section 601 of Pub. L. 102-568 extended the expiration date of 
that statutory provision until September 30, 1997. In addition, it 
imposed a similar limitation on payment of death pension to surviving 
spouses who receive Medicaid-covered nursing home care and have no 
children. Section 12005 of Pub. L. 103-66 further extended the 
expiration date until September 30, 1998, for these limitations on 
payment of pension benefits to veterans and surviving spouses. Section 
8015 of the Balanced Budget Act of 1997, Pub. L. 105-33, extends the 
expiration date until September 30, 2002. This document amends 38 CFR 
3.551(i) to reflect this statutory change, which is effective August 5, 
1997, the date of enactment of Pub. L. 105-33.
    This final rule reflects statutory requirements. Accordingly, there 
is a basis for dispensing with the prior notice and comment and delayed 
effective date provisions of 5 U.S.C. 552 and 553.
    Because no notice of proposed rulemaking was required in connection 
with the adoption of this final rule, no regulatory flexibility 
analysis is required under the Regulatory Flexibility Act (5 U.S.C. 
601-612). Even so, the Secretary hereby certifies that this final rule 
will not have a significant economic impact on a substantial number of 
small entities as they are defined in the Regulatory Flexibility Act.
    The Catalog of Federal Domestic Assistance program numbers are 
64.104 and 64.105.

List of Subjects in 38 CFR Part 3

    Administrative practice and procedure, Claims, Disability benefits, 
Health care, Pensions, Veterans, Vietnam.

    Approved: May 11, 1999.
Togo D. West, Jr.,
Secretary of Veterans Affairs.

    For the reasons set forth in the preamble, 38 CFR part 3 is amended 
as follows:

PART 3--ADJUDICATION

Subpart A--Pension, Compensation, and Dependency and Indemnity 
Compensation

    1. The authority citation for part 3, subpart A continues to read 
as follows:

    Authority: 38 U.S.C. 501(a), unless otherwise noted.


Sec. 3.551  [Amended]

    2. Section 3.551(i) is amended by removing ``September 30, 1998'' 
and adding, in its place, ``September 30, 2002''.

[FR Doc. 99-15521 Filed 6-17-99; 8:45 am]
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