What conditions affect my right to payment?
1. Your rate of pension depends upon the amount of family income and the number of dependents. Your benefits may be affected by any changes in the amount of family income and marital or dependency status of you or your dependents.
A. Change in family income and net worth: You are required to report the total amounts and sources of all income and net worth for you and your dependents from whom you have been awarded benefits. Some income is not countable. If you report such income, VA will exclude it when computing your income for VA purposes. Benefit rates and income limits change frequently; however, you can find out what the current income limitations and rates of benefits are by contacting VA.
B. Change in marital or dependency status: You or your survivors must notify the VA of any change in marital or dependency status or upon death. Examples of changes in marital or dependency status include the death of a dependent, the marriage of you or your dependent child, and discontinuance of a child's school attendance.
2. Your benefits may be reduced as shown below if you have no dependents and are furnished hospital, VA domiciliary or nursing home care at government expense. If you are receiving the aid and attendance allowance, your rate may also be reduced to the household rate as of the first day of the second calendar month following the month of admission. Benefits at the full rate may be resumed the date of discharge.
Veterans receiving Old Law Pension (pension awarded under the law in effect prior to July 1, 1960): If you have no dependents and are furnished hospital, VA domiciliary or nursing home care at government expense for six months or more, your pension may be reduced to $30.00 or half of the monthly amount payable whichever is greater, as of the first day of the seventh calendar month following the month of admission. The VA will pay you the withheld amount after an approved discharge by the institution authorities. If the discharge is for disciplinary reasons or against medical advice, the withheld amount will not be paid for six months from the date of discharge. If you are readmitted within six months of a prior period of such are and the prior discharge was not approved, the new period of care is considered a continuation of the previous period. Benefits will be reduced the first day of the seventh calendar month following the prior admission of the date of readmission, whichever is the later date.
Veterans receiving Section 306 Pension (pension awarded under laws in effect from July 1, 1960, and prior to January 1, 1979): If you have no dependents and are furnished hospital, VA domiciliary or nursing home care at government expense your rate of pension may not exceed $50.00 as of the first day of the third calendar month following the month of admission. If you are readmitted for such care within six months of a prior period of care that lasted two or more full calendar months, the rate of pension may not exceed $50.00 as if the date of readmission.
Veterans receiving Improved Pension (pension awarded under laws in effect from January 1, 1979): If you have no dependents and are furnished hospital, VA domiciliary or nursing home care at government expense your rate of pension may not exceed $90.00 as of the first day of the fourth calendar month following the month of admission. If you are readmitted for such care within six months of the prior period of care, your rate of pension may not exceed $90.00 as of the first day of the month following readmission.
3. If your award includes aid and attendance benefits based on nursing home patient status, you must immediately notify the VA when you are no longer a nursing home patient.
4. Your benefits will be discontinued effective the 61st day of incarceration in a Federal, State or local penal institution following conviction for a felony or misdemeanor. Your spouse or dependent children may be entitled to benefits at the death pension rate from the date your benefits are discontinued if a claim is received within one year after we notify you of discontinuance of benefits. Any payments made to your spouse or child will continue until we receive notice that the incarceration has ended.
5. Monthly payments of your award may be stopped if you fail to furnish evidence as requested or if you furnish VA, or cause to e furnished, any false or fraudulent evidence.
6. Information submitted including income information, is subject to verification through computer matching programs with other agencies.
7. The law provides severe penalties which include fine or imprisonment, or both, for fraudulent acceptance of any payment to which you are not entitled.
Notify the VA immediately if there is a change in any condition affecting your right to continued payments. Failure to notify the VA of these changes immediately will result in an overpayment which is subject to recovery.


