a. Provisions of Section 502, limits the clothing allowance for Veterans PL 104-275, Section 502 of incarcerated for over 60 days if they receive clothing at no cost from the penal PL 104-275 institution. In the absence of evidence to the contrary, presume that incarcerated Note: Veterans receive clothing at no cost from the penal institution. General Counsel has held that the restriction on the payment of clothing b. Payment During the allowance does apply for the initial 60 days of any separate period of not Initial Period of incarceration. Incarceration Therefore, the annual clothing allowance amount must be reduced by 1/365th for each day of incarceration after the initial 60 days of incarceration during the 12-month period preceding the August 1st determination of clothing allowance eligibility. If the Veteran is incarcerated for the entire clothing allowance year (August c. Payment When the 1st through July 31st), do pay the Veteran for that year, assuming the not Veteran is incarceration commenced more than 60 days prior to August 1st. Veteran’s Incarcerated for the Entire Clothing Allowance Year If the Veteran is initially incarcerated or is released from incarceration during d. Payment When the the clothing allowance year, pay the Veteran a partial clothing allowance. Veteran is Released From Partial clothing allowance payments for years during which the Note: Incarceration Veteran is incarcerated are subject to rounding to even dollars. Therefore, not During the partial year payments are made in dollars and cents. Clothing Allowance Year For information on calculating the partial year payment, see Reference: M21-1, Part IX, Subpart i, 7.3.b. 4. Processing ACAP NODs or Substantive Appeals
a. Provisions of Section 502 of PL 104-275 PL 104-275, Section 502, limits the clothing allowance for Veterans incarcerated for over 60 days if they receive clothing at no cost from the penal institution. Note: In the absence of evidence to the contrary, presume that incarcerated Veterans receive clothing at no cost from the penal institution. b. Payment During the Initial Period of Incarceration General Counsel has held that the restriction on the payment of clothing allowance does not apply for the initial 60 days of any separate period of incarceration. Therefore, the annual clothing allowance amount must be reduced by 1/365th for each day of incarceration after the initial 60 days of incarceration during the 12-month period preceding the August 1st determination of clothing allowance eligibility. c. Payment When the Veteran is Incarcerated for the Entire Clothing Allowance Year If the Veteran is incarcerated for the entire clothing allowance year (August 1st through July 31st), do not pay the Veteran for that year, assuming the Veteran’s incarceration commenced more than 60 days prior to August 1st. d. Payment When the Veteran is Released From Incarceration During the Clothing Allowance Year If the Veteran is initially incarcerated or is released from incarceration during the clothing allowance year, pay the Veteran a partial clothing allowance. Note: Partial clothing allowance payments for years during which the Veteran is incarcerated are not subject to rounding to even dollars. Therefore, partial year payments are made in dollars and cents. Reference: For information on calculating the partial year payment, see M21-1, Part IX, Subpart i, 7.3.b. 4. Processing ACAP NODs or Substantive Appeals