Claim Raven explanation
What this means
This section sets payment plans, aggregate limits, grant-frequency rules, annual adjustments, a future additional-assistance path, and overpayment procedures for housing assistance authorized by section 2101. The applicable limit depends on the program and project.
Subsection (a) contains four calculation plans for specially adapted housing. Subsections (b) and (d) limit assistance, while subsection (e) requires annual construction-cost adjustments. Beginning October 1, 2030, subsection (f) provides a tightly defined additional-assistance path. Subsection (g) addresses overpayments, possible liability for several participants, notice, an opportunity to cure and present evidence, and mandatory waiver for specified administrative error affecting the applicant or dependent or survivor.
How this helps your claim
Use this statute after confirming eligibility under section 2101. It does not establish the medical eligibility category. It explains how assistance is calculated and what procedural protections apply if VA alleges an overpayment.
What to check in your records
Identify the section 2101 program, project type, prior grant history, current adjusted limit, and any overpayment notice.
- Keep purchase, land, construction, remodeling, appraisal, and unpaid-balance records.
- Obtain VA's calculation and the current annually adjusted program limits.
- For a debt, preserve the notice, proposed remedy, liability finding, and submitted evidence.
Use the current limit and the actual project plan
First classify the project as new construction, construction on already owned land, remodeling, or acquisition of a suitable unit. Keep invoices and ownership records that match that plan. The statutory base figures are adjusted, so verify the limit for the fiscal year involved.
If VA asserts an overpayment, identify who it says is liable and why. The statute can reach contractors, sellers, escrow agents, and others as well as applicants. The notice should provide a reasonable opportunity to remedy the circumstance and present evidence before collection.
Are the dollar limits printed in section 2102 always the current grant limits?
No. The statute requires annual adjustments using a residential construction-cost index. Use the current official VA limit for the relevant fiscal year and program, while using section 2102 to understand the calculation and aggregate rules.
Official statutory text
38 USC § 2102
OLRC release: pl-119-108. Layout and spacing are adapted for reading. The statutory text is shown here; publisher source credits and editorial notes remain in the linked official release.
§ 2102. Limitations on assistance furnished
(a) The assistance authorized by section 2101(a) of this title shall be afforded under one of the following plans, at the option of the individual—
(1) where the individual elects to construct a housing unit on land to be acquired by such individual, the Secretary shall pay not to exceed 50 percent of the total cost to the individual of (A) the housing unit and (B) the necessary land upon which it is to be situated;
(2) where the individual elects to construct a housing unit on land acquired by such individual prior to application for assistance under this chapter, the Secretary shall pay not to exceed the smaller of the following sums: (A) 50 percent of the total cost to the individual of the housing unit and the land necessary for such housing unit, or (B) 50 percent of the cost to the individual of the housing unit plus the full amount of the unpaid balance, if any, of the cost to the individual of the land necessary for such housing unit;
(3) where the individual elects to remodel a dwelling which is not adapted to the requirements of such individual’s disability, acquired by such individual prior to application for assistance under this chapter, the Secretary shall pay not to exceed (A) the cost to the individual of such remodeling; or (B) 50 percent of the cost to the individual of such remodeling; plus the smaller of the following sums: (i) 50 percent of the cost to the individual of such dwelling and the necessary land upon which it is situated, or (ii) the full amount of the unpaid balance, if any, of the cost to the individual of such dwelling and the necessary land upon which it is situated; and
(4) where the individual has acquired a suitable housing unit, the Secretary shall pay not to exceed the smaller of the following sums: (A) 50 percent of the cost to the individual of such housing unit and the necessary land upon which it is situated, or (B) the full amount of the unpaid balance, if any, of the cost to the individual of such housing unit and the necessary land upon which it is situated.
(b) Except as provided in section 2104(b) of this title, the assistance authorized by section 2101(b) of this title shall be limited to the lesser of—
(1) the actual cost, or, in the case of an individual acquiring a residence already adapted with special features, the fair market value, of the adaptations determined by the Secretary under such section 2101(b) to be reasonably necessary, or
(2) $19,733.
(c) The amount of assistance afforded under subsection (a) for an individual authorized assistance by section 2101(a) of this title shall not be reduced by reason that title to the housing unit, which is vested in the individual, is also vested in any other person, if the individual resides in the housing unit.
(d)(1) The aggregate amount of assistance available to an individual under section 2101(a) of this title shall be limited to $98,492.
(2) The aggregate amount of assistance available to an individual under section 2101(b) of this title shall be limited to $19,733.
(3) Subject to subsection (f), no veteran may receive more than six grants of assistance under this chapter.
(e)(1) Effective on October 1 of each year (beginning in 2009), the Secretary shall increase the amounts described in subsection (b)(2) and paragraphs (1) and (2) of subsection (d) in accordance with this subsection.
(2) The increase in amounts under paragraph (1) to take effect on October 1 of a year shall be by an amount of such amounts equal to the percentage by which—
(A) the residential home cost-of-construction index for the preceding calendar year, exceeds
(B) the residential home cost-of-construction index for the year preceding the year described in subparagraph (A).
(3) The Secretary shall establish a residential home cost-of-construction index for the purposes of this subsection. The index shall reflect a uniform, national average change in the cost of residential home construction, determined on a calendar year basis. The Secretary may use an index developed in the private sector that the Secretary determines is appropriate for purposes of this subsection.
(f)(1) Beginning October 1, 2030, notwithstanding the aggregate amounts specified in subsection (d), a covered veteran may apply for and receive an additional amount of assistance under subsection (a) or (b) of section 2101 of this title in an amount that does not exceed half of the amount specified in subsection (d).
(2) In this subsection, a covered veteran is a veteran who—
(A) is described in subsection (a)(2) or (b)(2) of section 2101 of this title;
(B) as of the date of the veteran’s application for assistance under paragraph (1), most recently received assistance under this chapter more than 10 years before such date; and
(C) lives in a home that the Secretary determines does not have adaptations that are reasonably necessary because of the veteran’s disability.
(g)(1) Whenever the Secretary finds that an overpayment has been made to, or on behalf of, a person described in paragraph (2), the Secretary shall determine—
(A) the amounts to recover, if any; and
(B) who is liable to the United States for such overpayment.
(2) A person described in this paragraph is any of the following:
(A) An individual who applied for assistance—
(i) under this chapter; or
(ii) under chapter 31 of this title who is pursuing a rehabilitation program under such chapter in acquiring adaptations to a residence.
(B) An owner or seller of real estate used, or intended to be used, in connection with assistance under this chapter.
(C) A builder, contractor, supplier, tradesperson, corporation, trust, partnership, or other person, who provided services or goods relating to assistance under this chapter.
(D) An attorney, escrow agent, or financial institution, that receives, or holds in escrow, funds relating to assistance under this chapter.
(E) A surviving spouse, heir, assignee, or successor in interest of or to, any person described in this paragraph.
(3)(A) Any overpayment referred to in this subsection may be recovered in the same manner as any other debt due the United States.
(B) In recovering the overpayment, the Secretary may charge administrative costs, fees, and interest, as appropriate, in a manner similar to the authority under section 5315 of this title.
(4)(A) The recovery of any overpayment referred to in this subsection may be waived by the Secretary.
(B) Waiver of any such overpayment as to a person described in paragraph (2) shall in no way release any other person described in such paragraph from liability.
(5) The Secretary shall waive recovery under this subsection of any overpayment to a person described in paragraph (2)(A), or a dependent or survivor of such person, that arises from administrative error described in paragraph (7)(A).
(6) Nothing in this subsection shall be construed as precluding the imposition of any civil or criminal liability under this title or any other law.
(7) The Secretary shall prescribe in regulations what constitutes an overpayment for the purposes of this subsection, which, at a minimum, shall include—
(A) administrative error that results in an individual receiving assistance to which that individual is not entitled;
(B) the failure of any person described in paragraph (2) to—
(i) perform or allow to be performed any act relating to assistance under this chapter; or
(ii) compensate any party performing services or supplying goods relating to assistance under this chapter; and
(C) any disbursement of funds relating to assistance under this chapter, that, in the sole discretion of the Secretary, constitutes a misuse of such assistance.
(8) Prior to collecting an overpayment under this subsection, the Secretary shall provide to the person whom the Secretary has determined liable for such overpayment—
(A) notice of the finding by the Secretary of such overpayment;
(B) a reasonable opportunity for such person to remedy the circumstances that effectuated the overpayment; and
(C) a reasonable opportunity for such person to present evidence to the Secretary that an overpayment was not made.
(9) For the purposes of section 511 of this title, a decision to collect an overpayment from a person other than a person described in paragraph (2)(A), or a dependent or survivor of such person, may not be treated as a decision that affects the provision of benefits.
Related references
- 38 USC § 2101: Who may qualify for specially adapted housing assistance
- 38 USC § 5302: Requesting waiver of a VA overpayment debt
- 38 USC § 5314A: The VA process for disputing a benefit debt
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