# § 1162. Clothing allowance
**1** **Eligibility Requirements.—** The Secretary, under regulations which the Secretary shall prescribe, shall pay a clothing allowance of $716 [^1] per year to each veteran who—
See Special Benefit Allowance Rates note below.
**(1)** because of a service-connected disability, wears or uses a prosthetic or orthopedic appliance (including a wheelchair) which the Secretary determines tends to wear out or tear the clothing of the veteran; or
**(2)** uses medication which—
**(A)** a physician has prescribed for a skin condition which is due to a service-connected disability; and
**(B)** the Secretary determines causes irreparable damage to the veteran’s outergarments.
**(b)** **Continuous Nature of Payments.—** Payments made to a veteran under subsection (a) shall continue on an automatically recurring annual basis until the earlier of the following:
**(1)** The date on which the veteran elects to no longer receive such payments.
**(2)** The date on which the Secretary determines the veteran is no longer eligible pursuant to subsection (c).
**(c)** **Reviews of Claims.—**
**(1)** The Secretary shall, in accordance with this subsection, conduct reviews of a claim on which a clothing allowance for a veteran under subsection (a) is based to determine the continued eligibility of the veteran for such allowance.
**(2)** The Secretary shall prescribe standards for determining whether a claim for a clothing allowance is based on a veteran’s wearing or use of a prosthetic, orthopedic appliance (including a wheelchair), or medication whose wear or tear or irreparable damage on a veteran’s outergarments or clothing is as likely as not subject to no change for the duration of such wearing or use.
**(3)**
**(A)** If the Secretary determines, pursuant to standards prescribed under paragraph (2), that a claim for a clothing allowance is based on wear or tear or irreparable damage that is as likely as not subject to no change, the veteran shall continue to be deemed eligible for receipt of a clothing allowance under this section until the Secretary—
**(i)** receives notice under subparagraph (B); or
**(ii)** finds otherwise under subparagraph (C) or (D).
**(B)** The Secretary shall require a veteran who is receiving a clothing allowance under subsection (a), based on the wearing or use of a prosthetic, orthopedic appliance (including a wheelchair), or medication, to notify the Secretary when the veteran terminates the wearing or use of such a prosthetic, orthopedic appliance, or medication.
**(C)** For each veteran who is receiving a clothing allowance under subsection (a), based on the wearing or use of a prosthetic, orthopedic appliance (including a wheelchair), or medication, the Secretary shall periodically review the veteran’s Department records for evidence that the veteran has terminated the wearing or use of such a prosthetic, orthopedic appliance, or medication.
**(D)** If a veteran who is receiving a clothing allowance under subsection (a), based on the wearing or use of a prosthetic, orthopedic appliance (including a wheelchair), or medication, has received such clothing allowance beyond the prescribed or intended lifespan of such prosthetic, orthopedic appliance, or medication, the Secretary may periodically request the veteran to attest to continued usage.
**(4)** If the Secretary determines that a claim for a clothing allowance under subsection (a) does not meet the requirements of paragraph (3)(A), then the Secretary may require the veteran to recertify the veteran’s continued eligibility for a clothing allowance under this section periodically, but not more frequently than once each year.
**(5)** When reviewing a claim under this subsection, the Secretary shall evaluate the evidence presented by the veteran and such other relevant evidence as the Secretary determines appropriate.
**(d)** **Determination Regarding Continued Eligibility.—** If the Secretary determines, as the result of a review of a claim conducted under subsection (c), that the veteran who submitted such claim no longer meets the requirements specified in subsection (a), the Secretary shall—
**(1)** provide to the veteran notice of such determination that includes a description of applicable actions that may be taken following the determination, including the actions specified in section 5104C of this title; and
**(2)** discontinue the clothing allowance based on such claim.
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**Source Credit**: (Added Pub. L. 92–328, title I, § 103(a), June 30, 1972, 86 Stat. 394, § 362; amended Pub. L. 94–71, title I, § 103, Aug. 5, 1975, 89 Stat. 396; Pub. L. 94–433, title III, § 301, title IV, § 404(24), Sept. 30, 1976, 90 Stat. 1377, 1379; Pub. L. 95–117, title III, § 301, Oct. 3, 1977, 91 Stat. 1065; Pub. L. 95–479, title I, § 103, Oct. 18, 1978, 92 Stat. 1562; Pub. L. 96–128, title I, § 103, Nov. 28, 1979, 93 Stat. 984; Pub. L. 96–385, title I, § 103, Oct. 7, 1980, 94 Stat. 1529; Pub. L. 97–66, title I, § 103, Oct. 17, 1981, 95 Stat. 1027; Pub. L. 97–253, title IV, § 405(d), Sept. 8, 1982, 96 Stat. 804; Pub. L. 97–306, title I, §§ 103, 107, Oct. 14, 1982, 96 Stat. 1430, 1431; Pub. L. 98–223, title I, § 103, Mar. 2, 1984, 98 Stat. 38; Pub. L. 98–543, title I, § 103, Oct. 24, 1984, 98 Stat. 2736; Pub. L. 99–238, title I, § 103, Jan. 13, 1986, 99 Stat. 1766; Pub. L. 99–576, title I, § 103, Oct. 28, 1986, 100 Stat. 3251; Pub. L. 100–227, title I, § 103, Dec. 31, 1987, 101 Stat. 1553; Pub. L. 100–687, div. B, title XI, § 1103, Nov. 18, 1988, 102 Stat. 4124; Pub. L. 101–237, title I, §§ 103, 112, Dec. 18, 1989, 103 Stat. 2063, 2065; Pub. L. 102–3, § 4, Feb. 6, 1991, 105 Stat. 8; renumbered § 1162, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102–152, § 4, Nov. 12, 1991, 105 Stat. 986; Pub. L. 103–78, § 3, Aug. 13, 1993, 107 Stat. 768; Pub. L. 103–140, § 4, Nov. 11, 1993, 107 Stat. 1486; Pub. L. 105–98, § 4, Nov. 19, 1997, 111 Stat. 2156; Pub. L. 106–118, § 4, Nov. 30, 1999, 113 Stat. 1602; Pub. L. 107–94, § 4, Dec. 21, 2001, 115 Stat. 901; Pub. L. 107–330, title III, § 309(c), Dec. 6, 2002, 116 Stat. 2830; Pub. L. 108–454, title III, § 307(c), Dec. 10, 2004, 118 Stat. 3613; Pub. L. 109–111, § 2(c), Nov. 22, 2005, 119 Stat. 2363; Pub. L. 109–444, § 9(c), Dec. 21, 2006, 120 Stat. 3315; Pub. L. 109–461, title X, §§ 1005(c), 1006(b), Dec. 22, 2006, 120 Stat. 3467, 3468; Pub. L. 110–324, § 3(c), Sept. 24, 2008, 122 Stat. 3551; Pub. L. 111–37, § 3(c), June 30, 2009, 123 Stat. 1929; Pub. L. 117–328, div. U, title II, § 201(b), Dec. 29, 2022, 136 Stat. 5446.)
### Disability Compensation and Dependency and Indemnity Compensation Rate Increases
For increases in rates of Department of Veterans Affairs disability compensation and dependency and indemnity compensation, see notes set out under .
## Editorial Notes
### Amendments
2022— designated existing provisions as subsec. (a) and inserted heading, inserted comma after “The Secretary” in introductory provisions, and added subsecs. (b) to (d).
Subsec. (a)(2). , substituted “which—
“(A) a physician has prescribed for a skin condition which is due to a service-connected disability; and
“(B) the Secretary determines causes irreparable damage to the veteran’s outergarments.”
for “which (A) a physician has prescribed for a skin condition which is due to a service-connected disability, and (B) the Secretary determines causes irreparable damage to the veteran’s outergarments.”
2009— substituted “$716” for “$677” in introductory provisions.
2008— substituted “$677” for “$662” in introductory provisions.
2006—, provided that as of the enactment of , the amendments made by were deemed for all purposes not to have taken effect and that ceased to be in effect. See Amendment notes below and , set out as a Coordination of Provisions With note under .
, substituted “$662” for “$641”.
, which substituted “$662” for “$641”, was terminated by . See Amendment notes above.
2005— substituted “$641” for “$600”.
2004— substituted “$600” for “$588”.
2002— substituted “$588” for “$580”.
2001— substituted “$580” for “$546”.
1999— substituted “$546” for “$528”.
1997— substituted “$528” for “$478”.
1993— substituted “$478” for “$466”.
substituted “$466” for “$452”.
1991— substituted “$452” for “$436”.
renumbered as this section.
substituted “$436” for “$414”.
1989—, substituted “Secretary under” for “Administrator under” and “Secretary shall” for “Administrator shall”, and substituted “who—” and pars. (1) and (2) for “who because of disability which is compensable under the provisions of this chapter, wears or uses prosthetic or orthopedic appliance or appliances (including a wheelchair) which the Administrator determines tends to wear out or tear the clothing of such a veteran.”
, substituted “$414” for “$395”.
1988— substituted “$395” for “$380”.
1987— substituted “$380” for “$365”.
1986— substituted “$365” for “$360”.
substituted “$360” for “$349”.
1984— substituted “$349” for “$338”.
substituted “$338” for “$327”.
1982—, §§ 103, 107, 108, substituted “$327” for “$305” and repealed amendment made by , eff. .
, (h), eff. , substituted “$304” for “$305” after “clothing allowance of”.
1981— substituted “$305” for “$274”.
1980— substituted “$274” for “$240”.
1979— substituted “$240” for “$218”.
1978— substituted “$218” for “$203”.
1977— substituted “$203” for “$190”.
1976—, §§ 301, 404(24), substituted “$190” for “$175” and “the Administrator shall prescribe” for “he shall prescribe”.
1975— substituted “$175” for “$150”.
## Statutory Notes and Related Subsidiaries
### Effective Date of 2022 Amendment
> **“(1)** claims for clothing allowance submitted on or after the date of the enactment of this Act [Dec. 29, 2022]; and
>
> **“(2)** claims for clothing allowance submitted prior to the date of the enactment of this Act, if the veteran who submitted such claim is in receipt of the clothing allowance as of the date of the enactment of this Act.”
, , , provided that:
### Effective Date of 2009 Amendment
Amendment by effective , see , set out as a note under .
### Effective Date of 2008 Amendment
Amendment by effective , see , set out as a note under .
### Effective Date of 2005 Amendment
Amendment by effective , see , set out as a note under .
### Effective Date of 2001 Amendment
Amendment by effective , see , set out as a note under .
### Effective Date of 1999 Amendment
Amendment by effective , see , set out as a note under .
### Effective Date of 1997 Amendment
Amendment by effective , see , set out as a note under .
### Effective Date of 1993 Amendment
Amendment by effective , see , set out as a note under .
### Effective Date of 1991 Amendments
Amendment by effective , see , set out as a note under .
Amendment by effective , see , set out as a note under .
### Effective Date of 1989 Amendment
Amendment by effective , see , set out as a note under .
### Effective Date of 1988 Amendment
Amendment by effective , see , set out as a note under .
### Effective Date of 1987 Amendment
Amendment by effective , see , set out as a note under .
### Effective Date of 1986 Amendments
Amendment by effective , but not effective unless benefit amounts payable under section 401 et seq. of Title 42, The Public Health and Welfare, are increased effective , as a result of a determination under , see , set out as a note under .
Amendment by effective , see , set out as a note under .
### Effective Date of 1984 Amendments
Amendment by effective , see , set out as a note under .
Amendment by effective , see , set out as a note under .
### Effective Date of 1982 Amendment
Amendment by effective , see , set out as a note under .
### Effective Date of 1981 Amendment
Amendment by effective , see , set out as a note under .
### Effective Date of 1980 Amendment
Amendment by applicable only to payments for months beginning after , see , set out as a note under .
### Effective Date of 1979 Amendment
Amendment by effective , see , set out as a note under .
### Effective Date of 1978 Amendment
Amendment by effective , see , set out as a note under .
### Effective Date of 1977 Amendment
Amendment by effective , see , set out as a note under .
### Effective Date of 1976 Amendment
Amendment by effective , see , set out as a note under .
### Effective Date of 1975 Amendment
Amendment by effective , see , set out as a note under .
### Effective Date
Section effective first day of second calendar month which begins after , see , set out as an Effective Date of 1972 Amendment note under .
### Repeal
, cited as a credit to this section, was repealed by , §§ 107, 108, , , 1432, eff. .
### Special Benefit Allowance Rates
For current VA special benefit allowance rates, see https://www.va.gov/disability/compensation-rates/special-benefit-allowance-rates/