Page:United States Statutes at Large Volume 104 Part 2.djvu/751

This page needs to be proofread.

PUBLIC LAW 101-508—NOV. 5, 1990 104 STAT. 1388-343 the veteran for any period after the month of admission to such nursing facility. "(3) Notwithstanding any provision of title XIX of the Social Security Act, the amount of the payment paid a nursing facility pursuant to a Medicaid plan for services furnished a veteran may not be reduced by any amount of pension permitted to be paid such veteran under paragraph (2) of this subsection. "(4) A veteran is not liable to the United States for any payment of pension in excess of the amount permitted under this subsection that is paid to or for the veteran by reason of the inability or failure of the Secretary to reduce the veteran's pension under this subsection unless such inability or failure is the result of a willful concealment by the veteran of information necessary to make a reduction in pension under this subsection. "(5) The costs of administering this subsection shall be paid for from amounts available to the Department of Veterans Affairs for the payment of compensation and pension. "(6) This subsection expires on September 30, 1992.". (b) EFFECTIVE DATE.—The amendment made by subsection (a) 38 USC 3203 shall take effect on November 1, 1990, or the date of the enactment "°*®- of this Act, whichever is later. SEC. 8004. INELIGIBILITY OF REMARRIED SURVIVING SPOUSES OR MAR- RIED CHILDREN FOR REINSTATEMENT OF BENEFITS ELIGI- BILITY UPON BECOMING SINGLE. (a) IN GENERAL.— Section 103 of title 38, United States Code, is amended— (1) in subsection (d)— (A) by striking out "(1)"; and (B) by striking out paragraphs (2) and (3); and (2) in subsection (e)— (A) by striking out "(1)"; and (B) by striking out paragraph (2). (b) EFFECTIVE DATE.—The amendments made by subsection (a) 38 USC 103 note, shall apply with respect to claims filed after October 31, 1990, and shall not operate to reduce or terminate benefits to any individual whose benefits were predicated on section 103(d)(2), 103(d)(3), or 103(e)(2) before the effective date of those amendments. SEC. 8005. COST-OF-LIVING INCREASES IN COMPENSATION RATES. 38 USC 301 note. (a) POLICY REGARDING FISCAL YEAR 1991.—The fiscal year 1991 cost-of-living adjustments in the rates of compensation payable under chapter 11 of title 38, United States Code, and of the dependency and indemnity compensation payable under chapter 13 of such title will be no more than a 5.4 percent increase, with all increased monthly rates rounded down to the next lower dollar. The effective date for such adjustments will not be earlier than January 1, 1991. (b) INCREASE PAYABLE AS OF JANUARY 1992.—The sunount of compensation or dependency and indemnity compensation payable to any individual for the month of January 1992 who is entitled to such benefits as of January 1, 1992, shall be increased for such month by the amount equal to the amount of the monthly increase provided for that individual's benefit level as of January 1, 1991, pursuant to the adjustments described in subsection (a).