Veteran's pension

Last updated
1912 Republican campaign postcard charging a Democratic administration would remove pensioners from the rolls PostcardTaftPensionExaminer1912.jpg
1912 Republican campaign postcard charging a Democratic administration would remove pensioners from the rolls

A veteran's pension or "wartime pension" is a pension for veterans of the United States Armed Forces, who served in the military but did not qualify for military retired pay from the Armed Forces. It was established by the United States Congress and given to veterans who meet the eligibility requirements. Along with payments, they are also given additional benefits depending on their eligibility and needs.

Contents

The veteran's pension system is managed by the Department of Veterans Affairs.

Wartime pension, wartime period

The veteran's pension is sometimes called the "wartime pension" due to a requirement that the veteran served at least one day during a U.S. wartime period. The Department of Veterans Affairs publishes a list of Eligible Wartime Periods for determining if the Veteran meets the wartime service criterion. As of February 2017 to determine eligibility for the veteran's pension the Veterans Administration recognizes the following wartime periods:

Wartime exclusions

A source of confusion can be use of the term "wartime pension." Some mistakenly interpret this to mean the pension is awarded only to Veterans who participated in combat or served in a combat or war zone. The veteran's and wartime pensions do not require the veteran to have participated in combat, nor to have served in a combat or war zone.

History

A pension plan for disabled veterans was established by congress in 1792. [1] Pension legislation for all surviving veterans was passed in 1818. This was unique to federal legislation. Money was shifted from the national treasury to individuals who were perceived as having the right to preferential treatment. The recipients were entitled to these payments because the pensions were viewed as delayed payments for the people who served during the American Revolution. [2]

Eligibility

Someone is generally eligible for veteran's pension if he or she:

  1. Was not discharged for dishonorable reasons; and,
  2. Served 90 days of active military duty; and,
  3. Served at least one day during wartime ("wartime" as determined by the VA); and,
  4. Had countable family income below a certain yearly limit; and,
  5. Is age 65 years or older; or
  6. Regardless of age is permanently disabled, not due to willful misconduct [3]

Calculation

The annual pension is calculated by adding all of the person's countable income. Any deductions are then subtracted from that total. The remaining total is deducted from the maximum pension limit [4] (taking into account the number of dependents, spouse, etc.). This final number is the yearly pension; dividing it by 12 results in the monthly pension. [5]

Tax-free benefit

The veteran's pension is a tax-free benefit not subject to federal income tax. Regarding state tax, the veteran or beneficiary must check with the taxing authority in his or her state of residence to determine if the pension is subject to state income tax.

Income received per month

Additional benefits

In addition to monthly payments, certain veterans may be eligible for additional benefits such as automobile grants, special adaptive housing, traumatic service members group life insurance, educational benefits and health care. [7]

Aid and Attendance

Aid and Attendance is an amount awarded in addition to the basic pension. This benefit takes into account a person's unreimbursed (out-of-pocket) medical expenses. These medical expenses are subtracted from a person's gross income to determine eligibility. [8]

A veteran is eligible for Aid and Attendance when he or she

  1. Requires the regular aid of another person to perform everyday functions (bathing, eating, dressing, etc.)
  2. Is bedridden
  3. Is a patient in a nursing home
  4. Is blind or nearly blind
US Navy 051206-N-6843I-097 An injured Sailor speaks with a Los Angeles Police Department (LAPD) officer during a visit to Naval Medical Center San Diego (NMCSD) US Navy 051206-N-6843I-097 An injured Sailor speaks with a Los Angeles Police Department (LAPD) officer during a visit to Naval Medical Center San Diego (NMCSD).jpg
US Navy 051206-N-6843I-097 An injured Sailor speaks with a Los Angeles Police Department (LAPD) officer during a visit to Naval Medical Center San Diego (NMCSD)

Housebound

A veteran is eligible for housebound benefits when he or she:

  1. Has a single permanent disability that results in confinement to his or her immediate premises
  2. Has a single permanent disability rated as 100% disabling and a secondary disability rated as 60% disabling [9]

Related Research Articles

<span class="mw-page-title-main">Pension</span> Retirement fund

A pension is a fund into which amounts are paid regularly during an individual's working career, and from which periodic payments are made to support the person's retirement from work. A pension may be:

<span class="mw-page-title-main">Social Security (United States)</span> American retirement system

In the United States, Social Security is the commonly used term for the federal Old-Age, Survivors, and Disability Insurance (OASDI) program and is administered by the Social Security Administration (SSA). The Social Security Act was passed in 1935, and the existing version of the Act, as amended, encompasses several social welfare and social insurance programs.

<span class="mw-page-title-main">United States Department of Veterans Affairs</span> Department of the United States government

The United States Department of Veterans Affairs (VA) is a Cabinet-level executive branch department of the federal government charged with providing lifelong healthcare services to eligible military veterans at the 170 VA medical centers and outpatient clinics located throughout the country. Non-healthcare benefits include disability compensation, vocational rehabilitation, education assistance, home loans, and life insurance. The VA also provides burial and memorial benefits to eligible veterans and family members at 135 national cemeteries.

Supplemental Security Income (SSI) is a means-tested program that provides cash payments to disabled children, disabled adults, and individuals aged 65 or older who are citizens or nationals of the United States. SSI was created by the Social Security Amendments of 1972 and is incorporated in Title 16 of the Social Security Act. The program is administered by the Social Security Administration (SSA) and began operations in 1974.

According to the United States Government Accountability Office (GAO), there are 1,138 statutory provisions in which marital status is a factor in determining benefits, rights, and privileges. These rights were a key issue in the debate over federal recognition of same-sex marriage. Under the 1996 Defense of Marriage Act (DOMA), the federal government was prohibited from recognizing same-sex couples who were lawfully married under the laws of their state. The conflict between this definition and the Due Process Clause of the Fifth Amendment to the Constitution led the U.S. Supreme Court to rule DOMA unconstitutional on June 26, 2013, in the case of United States v. Windsor. DOMA was finally repealed and replaced by the Respect for Marriage Act on December 13, 2022, which retains the same statutory provisions as DOMA and extends them to interracial and same-sex married couples.

A means test is a determination of whether an individual or family is eligible for government assistance or welfare, based upon whether the individual or family possesses the means to do without that help.

The Old Age Security (OAS) program is a universal retirement pension available to most residents and citizens of Canada who have reached 65 years old. This pension is supplemented by the Guaranteed Income Supplement (GIS), which is added to the monthly OAS payment for seniors with lower incomes. Some low-income spouses and survivors of OAS recipients are eligible to receive an income-tested allowance while they are aged 60 to 64.

A VA loan is a mortgage loan in the United States guaranteed by the United States Department of Veterans Affairs (VA). The program is for American veterans, military members currently serving in the U.S. military, reservists and select surviving spouses and can be used to purchase single-family homes, condominiums, multi-unit properties, manufactured homes and new construction. The VA does not originate loans, but sets the rules for who may qualify, issues minimum guidelines and requirements under which mortgages may be offered and financially guarantees loans that qualify under the program.

<span class="mw-page-title-main">Veterans Benefits Administration</span> Component of U.S. Department Veterans Affairs

The Veterans Benefits Administration (VBA) is an agency of the U.S. Department of Veterans Affairs. It is responsible for administering the department's programs that provide financial and other forms of assistance to veterans, their dependents, and survivors. Major benefits include Veterans' compensation, Veterans' pension, survivors' benefits, rehabilitation and employment assistance, education assistance, home loan guaranties, and life insurance coverage.

Income taxes in Canada constitute the majority of the annual revenues of the Government of Canada, and of the governments of the Provinces of Canada. In the fiscal year ending 31 March 2018, the federal government collected just over three times more revenue from personal income taxes than it did from corporate income taxes.

Social Security Disability Insurance is a payroll tax-funded federal insurance program of the United States government. It is managed by the Social Security Administration and designed to provide monthly benefits to people who have a medically determinable disability that restricts their ability to be employed. SSDI does not provide partial or temporary benefits but rather pays only full benefits and only pays benefits in cases in which the disability is "expected to last at least one year or result in death." Relative to disability programs in other countries in the Organisation for Economic Co-operation and Development (OECD), the SSDI program in the United States has strict requirements regarding eligibility.

Income Support is an income-related benefit in the United Kingdom for some people who are on a low income, but have a reason for not actively seeking work. Claimants of Income Support may be entitled to certain other benefits, for example, Housing Benefit, Council Tax Reduction, Child Benefit, Carer's Allowance, Child Tax Credit and help with health costs. A person with capital over £16,000 cannot get Income Support, and savings over £6,000 affect how much Income Support can be received. Claimants must be between 16 and Pension Credit age, work fewer than 16 hours a week, and have a reason why they are not actively seeking work.

Social security, in Australia, refers to a system of social welfare payments provided by Australian Government to eligible Australian citizens, permanent residents, and limited international visitors. These payments are almost always administered by Centrelink, a program of Services Australia. In Australia, most payments are means tested.

Military dependents are the spouse(s), children, and possibly other familial relationship categories of a sponsoring military member for purposes of pay as well as special benefits, privileges and rights. This generic category is enumerated in great detail for U.S. military members.

<span class="mw-page-title-main">Earned income tax credit</span> Refundable tax credit for low-to-middle class individuals in the U.S.

The United States federal earned income tax credit or earned income credit is a refundable tax credit for low- to moderate-income working individuals and couples, particularly those with children. The amount of EITC benefit depends on a recipient's income and number of children. Low-income adults with no children are eligible. For a person or couple to claim one or more persons as their qualifying child, requirements such as relationship, age, and shared residency must be met.

Disability benefits are funds provided from public or private sources to a person who is ill or who has a disability.

<span class="mw-page-title-main">Welfare in Finland</span> Overview of welfare in Finland

Social security or welfare in Finland is very comprehensive compared to what almost all other countries provide. In the late 1980s, Finland had one of the world's most advanced welfare systems, which guaranteed decent living conditions to all Finns. Created almost entirely during the first three decades after World War II, the social security system was an outgrowth of the traditional Nordic belief that the state is not inherently hostile to the well-being of its citizens and can intervene benevolently on their behalf. According to some social historians, the basis of this belief was a relatively benign history that had allowed the gradual emergence of a free and independent peasantry in the Nordic countries and had curtailed the dominance of the nobility and the subsequent formation of a powerful right wing. Finland's history was harsher than the histories of the other Nordic countries but didn't prevent the country from following their path of social development.

<span class="mw-page-title-main">Veterans benefits for post-traumatic stress disorder in the United States</span> United States Department of Veteran Affairs disability support for post-traumatic stress disorder

The United States has compensated military veterans for service-related injuries since the Revolutionary War, with the current indemnity model established near the end of World War I. The Department of Veterans Affairs (VA) began to provide disability benefits for post-traumatic stress disorder (PTSD) in the 1980s after the diagnosis became part of official psychiatric nosology.

Military divorce is a specific type of divorce that arises when one or both partners are members of the military. Although typically an uncontested divorce, military divorces are different because they require additional requirements to be fulfilled. Divorces occur less frequently than within the civilian population. They present a special set of challenges that make military divorces more complicated than a typical divorce. For example, The Federal Service Members Civil Relief Act of 2003 requires any person seeking a divorce to state that their spouse is or is not currently a member of the United States armed forces. This is meant to prevent spouses from seeking divorces from service members who would be unable to attend divorce proceedings.

<span class="mw-page-title-main">Uniformed Services Former Spouses' Protection Act</span>

The Uniformed Services Former Spouses' Protection Act is a U.S. federal law enacted on September 8, 1982 to address issues that arise when a member of the military divorces, and primarily concerns jointly-earned marital property consisting of benefits earned during marriage and while one of the spouses is a military service member. The divisibility of U.S. military retirement payments in divorce proceedings has had a turbulent legislative and legal history, and the USFSPA has not closely tracked its civilian cousin enacted in 1975, the Employee Retirement Income Security Act (ERISA), although they are similar in some respects with regard to public policy aims.

References

  1. "Hayburn's Case: Information from". Answers.com. Retrieved 2014-03-27.
  2. UMI Dissertation Services, ProQuest Information and Learning, Ann Arbor, MI, 2001. Source Note: From: Dissertation Abstracts International, Volume: 62-05, Section: A, p. 1925. Thesis (Ph.D.) University of South Carolina, 2001.
  3. "Veterans Pension". Department of Veterans Affairs. Retrieved 2008-06-19.
  4. schedule
  5. "Military Benefits". Military.com. Retrieved 2007-03-10.
  6. "The Leading Veteran Pension Resource Site on the Net". veteranspensionresource.com. Retrieved 2014-03-27.
  7. "Military Services". Archived from the original on 2012-07-23.
  8. Adam J. Larson. "Qualifying for A&A Benefits". Veterans' Legal Aid Society. Retrieved 3 June 2010.
  9. "Veterans Pension". Department of Veterans Affairs. January 12, 2007. Retrieved 2007-03-10.