---
title: "§ 3.452 Veteran's benefits apportionable."
document: "38 CFR"
section: "§ 3.452"
canonical: "https://veteranai.co/va-regulations/38-cfr/3.452-veterans-benefits-apportionable"
source: "https://www.ecfr.gov/current/title-38/section-3.452"
updated: "2026-09-07T14:35:53.727685Z"
---

# § 3.452. Veteran's benefits apportionable.

A veteran's benefits may be apportioned when the veteran is receiving hospital treatment, nursing home, or domiciliary care provided by the U.S. or a political subdivision, upon receipt by VA of an application:

(a)

Pending appointment of fiduciary. Pending the appointment of a guardian or other fiduciary.

(b)

Veteran receiving hospital, domiciliary, or nursing home care —(1)

Incompetent veteran —(i)

Spouse or child. Where an incompetent veteran without a fiduciary is receiving hospital treatment, nursing home, or domiciliary care provided by the U.S. or a political subdivision, his or her benefit may be apportioned for a spouse or child.

(ii)

Dependent parent. Where an incompetent veteran without a fiduciary is receiving hospital treatment, nursing home, or domiciliary care provided by the U.S. or a political subdivision, his or her disability compensation may be apportioned for a dependent parent.

(2)

Competent veteran —(i)

Section 306 pension. Where the amount of section 306 pension payable to a married veteran is reduced to $50 monthly under § 3.551 while a veteran is receiving hospital, domiciliary, or nursing home care, an apportionment may be made to such veteran's spouse. The amount of the apportionment generally will be the difference between $50 and the total amount of pension payable on December 31, 1978.

(ii)

Improved pension. Where the amount of improved pension payable to a married veteran under 38 U.S.C. 1521(b) is reduced to $90 monthly under § 3.551 an apportionment may be made to such veteran's spouse. The amount of the apportionment generally will be the difference between $90 and the rate payable if pension were being paid under 38 U.S.C. 1521(c), including the additional amount payable under 38 U.S.C. 1521(e) if the veteran is so entitled.

[91 FR 905, Jan. 9, 2026]