[Code of Federal Regulations]
[Title 38, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 38CFR13.71]

[Page 563]
 
            TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF
 
                CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS
 
PART 13_VETERANS BENEFITS ADMINISTRATION, FIDUCIARY 
 
Sec. 13.71  Payment of cost of veteran's maintenance in institution.

    (a) The payment of part of compensation, pension or emergency 
officers' retirement pay for the cost of a veteran's hospital treatment, 
institutional or domiciliary care in an institution operated by a 
political subdivision of the United States may be authorized as provided 
in paragraph (b) of this section when:
    (1) The veteran is rated incompetent by the Department of Veterans 
Affairs.
    (2) It has been determined the veteran is legally liable for the 
cost of his or her maintenance, and
    (3) The institution's representative has asserted or probably will 
assert a claim for full maintenance costs.
    (b) Subject to these conditions and the further condition that the 
responsible official of the institution or political subdivision will 
agree not to assert against Department of Veterans Affairs benefits any 
further claim for maintenance during the veteran's lifetime, the 
Veterans Service Center Manager may agree with such official to the 
payment of the veteran's benefits through an institutional award to be 
applied to:
    (1) A monthly amount determined by the Veterans Service Center 
Manager to be needed for the veteran's personal use,
    (2) An amount to be agreed upon to be accumulated to provide for the 
veteran's rehabilitation upon release from the institution, and
    (3) So much of the amount of the benefit as remains not exceeding 
the amount the Veterans Service Center Manager determines to be the 
proper charge as fixed by statute or administrative regulation, to the 
cost of the veteran's maintenance.
    (c) Upon execution of an agreement as provided in paragraph (b) of 
this section, the Veterans Service Center Manager will certify the total 
amount to be released to the chief officer of the institution.

(Authority: 38 U.S.C. 501, 512, 5502, 5503)

[40 FR 54248, Nov. 21, 1975, as amended at 51 FR 26158, July 21, 1986; 
66 FR 48561, Sept. 21, 2001; 67 FR 46869, July 17, 2002; 68 FR 34543, 
June 10, 2003]