Are Veteran benefits subject to garnishment?
RESPONSE 7: Certain benefits are subject to garnishment including periodic benefits (including a periodic benefit as defined in section 228(h)(3) of the Act) or other payments by the Secretary of Veterans Affairs as compensation for a service-connected disability paid by the Secretary to a former member of the Armed Forces who is in receipt of retired or retainer pay if the former member has waived a portion of the retired or retainer pay in order to receive such compensation. Regulations under 5 CFR 581.103(c)(7) indicate that in such cases, only that part of the Department of Veterans Affairs payment that is in lieu of the waived retired pay or waived retainer pay is subject to garnishment. In addition, as stated in 5 CFR 581.104(b) payments or portions of payments made by the Department of Veterans Affairs pursuant to sections 501562 of title 38 of the United States Code, in which the entitlement of the payee is based on non-service-connected disability or death, age, and need are n
RESPONSE 7: Certain benefits are subject to garnishment including periodic benefits (including a periodic benefit as defined in section 228(h)(3) of the Act) or other payments by the Secretary of Veterans Affairs as compensation for a service-connected disability paid by the Secretary to a former member of the Armed Forces who is in receipt of retired or retainer pay if the former member has waived a portion of the retired or retainer pay in order to receive such compensation. Regulations under 5 CFR 581.103(c)(7) indicate that in such cases, only that part of the Department of Veterans Affairs payment that is in lieu of the waived retired pay or waived retainer pay is subject to garnishment. In addition, as stated in 5 CFR 581.104(b) payments or portions of payments made by the Department of Veterans Affairs pursuant to sections 501562 of title 38 of the United States Code, in which the entitlement of the payee is based on non-service-connected disability or death, age, and need are n
