38 USC 1314: Supplemental dependency and indemnity compensation to children

38 USC 1314: Supplemental dependency and indemnity compensation to children Text contains those laws in effect on November 3, 2024

From Title 38-VETERANS' BENEFITSPART II-GENERAL BENEFITSCHAPTER 13-DEPENDENCY AND INDEMNITY COMPENSATION FOR SERVICE-CONNECTED DEATHSSUBCHAPTER II-DEPENDENCY AND INDEMNITY COMPENSATION

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§1314. Supplemental dependency and indemnity compensation to children

(a) In the case of a child entitled to dependency and indemnity compensation who has attained the age of eighteen and who, while under such age, became permanently incapable of self-support, the dependency and indemnity compensation paid monthly to such child shall be increased by $286.

(b) If dependency and indemnity compensation is payable monthly to a person as a surviving spouse and there is a child (of such person's deceased spouse) who has attained the age of eighteen and who, while under such age, became permanently incapable of self-support, dependency and indemnity compensation shall be paid monthly to each such child, concurrently with the payment of dependency and indemnity compensation to the surviving spouse, in the amount of $488.

(c) If dependency and indemnity compensation is payable monthly to a person as a surviving spouse and there is a child (of such person's deceased spouse), who has attained the age of eighteen and who, while under the age of twenty-three, is pursuing a course of instruction at an educational institution approved under section 104 of this title, dependency and indemnity compensation shall be paid monthly to each such child, concurrently with the payment of dependency and indemnity compensation to the surviving spouse, in the amount of $243.

( Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1128 , §414; Pub. L. 88–21, §3, May 15, 1963, 77 Stat. 17 ; Pub. L. 89–311, §2(c)(2), Oct. 31, 1965, 79 Stat. 1155 ; Pub. L. 89–730, §5, Nov. 2, 1966, 80 Stat. 1159 ; Pub. L. 91–262, §3, May 21, 1970, 84 Stat. 256 ; Pub. L. 92–197, §3, Dec. 15, 1971, 85 Stat. 661 ; Pub. L. 93–295, title II, §203, May 31, 1974, 88 Stat. 183 ; Pub. L. 94–71, title II, §203, Aug. 5, 1975, 89 Stat. 397 ; Pub. L. 94–433, title II, §203, title IV, §405(10), Sept. 30, 1976, 90 Stat. 1376 , 1380; Pub. L. 95–117, title II, §203, Oct. 3, 1977, 91 Stat. 1065 ; Pub. L. 95–479, title II, §203, Oct. 18, 1978, 92 Stat. 1563 ; Pub. L. 96–128, title II, §203, Nov. 28, 1979, 93 Stat. 985 ; Pub. L. 96–385, title II, §203, Oct. 7, 1980, 94 Stat. 1530 ; Pub. L. 97–66, title II, §203, Oct. 17, 1981, 95 Stat. 1029 ; Pub. L. 97–253, title IV, §405(g), Sept. 8, 1982, 96 Stat. 804 ; Pub. L. 97–306, title I, §§106, 107, Oct. 14, 1982, 96 Stat. 1431 ; Pub. L. 98–223, title I, §106, Mar. 2, 1984, 98 Stat. 39 ; Pub. L. 98–543, title I, §106, Oct. 24, 1984, 98 Stat. 2737 ; Pub. L. 99–238, title I, §106, Jan. 13, 1986, 99 Stat. 1767 ; Pub. L. 99–576, title I, §106, Oct. 28, 1986, 100 Stat. 3252 ; Pub. L. 100–227, title I, §106, Dec. 31, 1987, 101 Stat. 1555 ; Pub. L. 100–687, div. B, title XI, §1105(b), Nov. 18, 1988, 102 Stat. 4124 ; Pub. L. 101–237, title I, §105(b), Dec. 18, 1989, 103 Stat. 2064 ; Pub. L. 102–3, §6(b), Feb. 6, 1991, 105 Stat. 9 ; renumbered §1314, Pub. L. 102–83, §5(a), Aug. 6, 1991, 105 Stat. 406 ; Pub. L. 102–152, §6(b), Nov. 12, 1991, 105 Stat. 987 ; Pub. L. 103–78, §5(b), Aug. 13, 1993, 107 Stat. 769 ; Pub. L. 103–140, §6(b), Nov. 11, 1993, 107 Stat. 1487 ; Pub. L. 105–98, §6(b), Nov. 19, 1997, 111 Stat. 2157 ; Pub. L. 106–118, §6(b), Nov. 30, 1999, 113 Stat. 1603 ; Pub. L. 107–94, §6(b), Dec. 21, 2001, 115 Stat. 902 ; Pub. L. 107–330, title III, §309(e)(2), Dec. 6, 2002, 116 Stat. 2831 ; Pub. L. 108–454, title III, §307(e)(2), Dec. 10, 2004, 118 Stat. 3614 ; Pub. L. 109–111, §2(e)(2), Nov. 22, 2005, 119 Stat. 2364 ; Pub. L. 109–444, §9(e)(2), Dec. 21, 2006, 120 Stat. 3315 ; Pub. L. 109–461, title X, §§1005(e)(2), 1006(b), Dec. 22, 2006, 120 Stat. 3468 ; Pub. L. 110–324, §3(e)(2), Sept. 24, 2008, 122 Stat. 3552 ; Pub. L. 111–37, §3(e)(2), June 30, 2009, 123 Stat. 1930 .)

Editorial Notes

Amendments

2009-Subsec. (a). Pub. L. 111–37, §3(e)(2)(A), substituted "$286" for "$271".

Subsec. (b). Pub. L. 111–37, §3(e)(2)(B), substituted "$488" for "$462".

Subsec. (c). Pub. L. 111–37, §3(e)(2)(C), substituted "$243" for "$230".

2008-Subsec. (a). Pub. L. 110–324, §3(e)(2)(A), substituted "$271" for "$265".

Subsec. (b). Pub. L. 110–324, §3(e)(2)(B), substituted "$462" for "$452".

Subsec. (c). Pub. L. 110–324, §3(e)(2)(C), substituted "$230" for "$225".

2006-Pub. L. 109–461, §1006(b), provided that as of the enactment of Pub. L. 109–461, the amendments made by Pub. L. 109–444 were deemed for all purposes not to have taken effect and that Pub. L. 109–444 ceased to be in effect. See Amendment notes below and section 1006(b) of Pub. L. 109–461, set out as a Coordination of Provisions With Pub. L. 109–444 note under section 101 of this title.

Subsec. (a). Pub. L. 109–461, §1005(e)(2)(A), substituted "$265" for "$257".

Pub. L. 109–444, §9(e)(2)(A), which substituted "$265" for "$257", was terminated by Pub. L. 109–461, §1006(b). See Amendment notes above.

Subsec. (b). Pub. L. 109–461, §1005(e)(2)(B), substituted "$452" for "$438".

Pub. L. 109–444, §9(e)(2)(B), which substituted "$452" for "$438", was terminated by Pub. L. 109–461, §1006(b). See Amendment notes above.

Subsec. (c). Pub. L. 109–461, §1005(e)(2)(C), substituted "$225" for "$218".

Pub. L. 109–444, §9(e)(2)(C), which substituted "$225" for "$218", was terminated by Pub. L. 109–461, §1006(b). See Amendment notes above.

2005-Subsec. (a). Pub. L. 109–111, §2(e)(2)(A), substituted "$257" for "$241".

Subsec. (b). Pub. L. 109–111, §2(e)(2)(B), substituted "$438" for "$410".

Subsec. (c). Pub. L. 109–111, §2(e)(2)(C), substituted "$218" for "$205".

2004-Subsec. (a). Pub. L. 108–454, §307(e)(2)(A), substituted "$241" for "$237".

Subsec. (b). Pub. L. 108–454, §307(e)(2)(B), substituted "$410" for "$402".

Subsec. (c). Pub. L. 108–454, §307(e)(2)(C), substituted "$205" for "$201".

2002-Subsec. (a). Pub. L. 107–330, §309(e)(2)(A), substituted "$237" for "$234".

Subsec. (b). Pub. L. 107–330, §309(e)(2)(B), substituted "$402" for "$397".

Subsec. (c). Pub. L. 107–330, §309(e)(2)(C), substituted "$201" for "$199".

2001-Subsec. (a). Pub. L. 107–94, §6(b)(1), substituted "$234" for "$222".

Subsec. (b). Pub. L. 107–94, §6(b)(2), substituted "$397" for "$373".

Subsec. (c). Pub. L. 107–94, §6(b)(3), substituted "$199" for "$188".

1999-Subsec. (a). Pub. L. 106–118, §6(b)(1), substituted "$222" for "$215".

Subsec. (b). Pub. L. 106–118, §6(b)(2), substituted "$373" for "$361".

Subsec. (c). Pub. L. 106–118, §6(b)(3), substituted "$188" for "$182".

1997-Subsec. (a). Pub. L. 105–98, §6(b)(1), substituted "$215" for "$195".

Subsec. (b). Pub. L. 105–98, §6(b)(2), substituted "$361" for "$327".

Subsec. (c). Pub. L. 105–98, §6(b)(3), substituted "$182" for "$166".

1993-Subsec. (a). Pub. L. 103–140, §6(b)(1), substituted "$195" for "$191".

Pub. L. 103–78, §5(b)(1), substituted "$191" for "$185".

Subsec. (b). Pub. L. 103–140, §6(b)(2), substituted "$327" for "$319".

Pub. L. 103–78, §5(b)(2), substituted "$319" for "$310".

Subsec. (c). Pub. L. 103–140, §6(b)(3), substituted "$166" for "$162".

Pub. L. 103–78, §5(b)(3), substituted "$162" for "$157".

1991-Pub. L. 102–83 renumbered section 414 of this title as this section.

Subsec. (a). Pub. L. 102–152, §6(b)(1), substituted "$185" for "$178".

Pub. L. 102–3, §6(b)(1), substituted "$178" for "$169".

Subsec. (b). Pub. L. 102–152, §6(b)(2), substituted "$310" for "$299".

Pub. L. 102–3, §6(b)(2), substituted "$299" for "$284".

Subsec. (c). Pub. L. 102–152, §6(b)(3), substituted "$157" for "$151".

Pub. L. 102–3, §6(b)(3), substituted "$151" for "$144".

1989-Subsec. (a). Pub. L. 101–237, §105(b)(1), substituted "$169" for "$161".

Subsec. (b). Pub. L. 101–237, §105(b)(2), substituted "$284" for "$271".

Subsec. (c). Pub. L. 101–237, §105(b)(3), substituted "$144" for "$138".

1988-Subsec. (a). Pub. L. 100–687, §1105(b)(1), substituted "$161" for "$155".

Subsec. (b). Pub. L. 100–687, §1105(b)(2), substituted "$271" for "$261".

Subsec. (c). Pub. L. 100–687, §1105(b)(3), substituted "$138" for "$133".

1987-Subsec. (a). Pub. L. 100–227, §106(1), substituted "$155" for "$149".

Subsec. (b). Pub. L. 100–227, §106(2), substituted "$261" for "$251".

Subsec. (c). Pub. L. 100–227, §106(3), substituted "$133" for "$128".

1986-Subsec. (a). Pub. L. 99–576, §106(1), substituted "$149" for "$147".

Pub. L. 99–238, §106(1), substituted "$147" for "$143".

Subsec. (b). Pub. L. 99–576, §106(2), substituted "$251" for "$247".

Pub. L. 99–238, §106(2), substituted "$247" for "$240".

Subsec. (c). Pub. L. 99–576, §106(3), substituted "$128" for "$126".

Pub. L. 99–238, §106(3), substituted "$126" for "$122".

1984-Subsec. (a). Pub. L. 98–543, §106(1), substituted "$143" for "$139".

Pub. L. 98–223, §106(1), substituted "$139" for "$134".

Subsec. (b). Pub. L. 98–543, §106(2), substituted "$240" for "$233".

Pub. L. 98–223, §106(2), substituted "$233" for "$225".

Subsec. (c). Pub. L. 98–543, §106(3), substituted "$122" for "$118".

Pub. L. 98–223, §106(3), substituted "$118" for "$114".

1982-Subsec. (a). Pub. L. 97–306, §§106(1), 107, 108, substituted "$134" for "$125", and repealed amendment made by Pub. L. 97–253, §405(g)(1), eff. Oct. 1, 1982.

Pub. L. 97–253, §405(g)(1), (h), eff. Jan. 1, 1983, substituted "$124" for "$125".

Subsec. (b). Pub. L. 97–306, §§106(2), 107, 108, substituted "$225" for "$210", and repealed amendment made by Pub. L. 97–253, §405(g)(2), eff. Oct. 1, 1982.

Pub. L. 97–253, §405(g)(2), (h), eff. Jan. 1, 1983, substituted "$209" for "$210".

Subsec. (c). Pub. L. 97–306, §§106(3), 107, 108, substituted "$114" for "$107", and repealed amendment made by Pub. L. 97–253, §405(g)(3), eff. Oct. 1, 1982.

Pub. L. 97–253, §405(g)(3), (h), eff. Jan. 1, 1983, substituted "$106" for "$107".

1981-Subsec. (a). Pub. L. 97–66, §203(1), substituted "$125" for "$112".

Subsec. (b). Pub. L. 97–66, §203(2), substituted "$210" for "$189".

Subsec. (c). Pub. L. 97–66, §203(3), substituted "$107" for "$96".

1980-Subsec. (a). Pub. L. 96–385, §203(1), substituted "$112" for "$98".

Subsec. (b). Pub. L. 96–385, §203(2), substituted "$189" for "$165".

Subsec. (c). Pub. L. 96–385, §203(3), substituted "$96" for "$84".

1979-Subsec. (a). Pub. L. 96–128, §203(1), substituted "$98" for "$89".

Subsec. (b). Pub. L. 96–128, §203(2), substituted "$165" for "$150".

Subsec. (c). Pub. L. 96–128, §203(3), substituted "$84" for "$76".

1978-Subsec. (a). Pub. L. 95–479, §203(1), substituted "$89" for "$83".

Subsec. (b). Pub. L. 95–479, §203(2), substituted "$150" for "$140".

Subsec. (c). Pub. L. 95–479, §203(3), substituted "$76" for "$71".

1977-Subsec. (a). Pub. L. 95–117, §203(1), substituted "$83" for "$78".

Subsec. (b). Pub. L. 95–117, §203(2) substituted "$140" for "$131".

Subsec. (c). Pub. L. 95–117, §203(3), substituted "$71" for "$67".

1976-Subsec. (a). Pub. L. 94–433, §§203(1), 405(10), substituted "$78" for "$72" and "such child" for "him".

Subsec. (b). Pub. L. 94–433, §§203(2), 405(10), substituted "$131" for "$121" and "person" for "woman", "surviving spouse" for "widow" and "such person's deceased spouse" for "her deceased husband" wherever appearing.

Subsec. (c). Pub. L. 94–433, §§203(3), 405(10), substituted "$67" for "$62" and "person" for "woman", "surviving spouse" for "widow" and "such person's deceased spouse" for "her deceased husband" wherever appearing.

1975-Subsec. (a). Pub. L. 94–71, §203(a), substituted "$72" for "$64".

Subsec. (b). Pub. L. 94–71, §203(b), substituted "$121" for "$108".

Subsec. (c). Pub. L. 94–71, §203(c), substituted "$62" for "$55".

1974-Subsec. (a). Pub. L. 93–295, §203(a), substituted "$64" for "55".

Subsec. (b). Pub. L. 93–295, §203(b), substituted "$108" for "$92".

Subsec. (c). Pub. L. 93–295, 203(c), substituted "$55" for "$47".

1971-Subsec. (a). Pub. L. 92–197, §3(a), substituted "$55" for "$32".

Subsec. (b). Pub. L. 92–197, §3(b), substituted "$92" for "$88".

Subsec. (c). Pub. L. 92–197, §3(c), substituted "$47" for "$45".

1970-Subsec. (a). Pub. L. 91–262, §3(a), substituted "$32" for "$29".

Subsec. (b). Pub. L. 91–262, §3(b), substituted "$88" for "$80".

Subsec. (c). Pub. L. 91–262, §3(c), substituted "$45" for "$41".

1966-Subsec. (a). Pub. L. 89–730, §5(1), substituted "$29" for "$28".

Subsec. (b). Pub. L. 89–730, §5(2), substituted "$80" for "$77".

Subsec. (c). Pub. L. 89–730, §5(3), substituted "41" for "39".

1965-Subsec. (c). Pub. L. 89–311 substituted "twenty-three" for "twenty-one".

1963-Subsec. (a). Pub. L. 88–21, §3(1), substituted "$28" for "$25".

Subsec. (b). Pub. L. 88–21, §3(2), substituted "$77" for "$70".

Subsec. (c). Pub. L. 88–21, §3(3), substituted "$39" for "$35".

Statutory Notes and Related Subsidiaries

Effective Date of 2009 Amendment

Amendment by Pub. L. 111–37 effective Dec. 1, 2008, see section 3(g) of Pub. L. 111–37, set out as a note under section 1114 of this title.

Effective Date of 2008 Amendment

Amendment by Pub. L. 110–324 effective Dec. 1, 2007, see section 3(f) of Pub. L. 110–324, set out as a note under section 1114 of this title.

Effective Date of 2005 Amendment

Amendment by Pub. L. 109–111 effective Dec. 1, 2005, see section 2(f) of Pub. L. 109–111, set out as a note under section 1114 of this title.

Effective Date of 2001 Amendment

Amendment by Pub. L. 107–94 effective Dec. 1, 2001, see section 7 of Pub. L. 107–94, set out as a note under section 1114 of this title.

Effective Date of 1999 Amendment

Amendment by Pub. L. 106–118 effective Dec. 1, 1999, see section 7 of Pub. L. 106–118, set out as a note under section 1114 of this title.

Effective Date of 1997 Amendment

Amendment by Pub. L. 105–98 effective Dec. 1, 1997, see section 7 of Pub. L. 105–98, set out as a note under section 1114 of this title.

Effective Date of 1993 Amendment

Amendment by Pub. L. 103–140 effective Dec. 1, 1993, see section 7 of Pub. L. 103–140, set out as a note under section 1114 of this title.

Effective Date of 1991 Amendments

Amendment by Pub. L. 102–152 effective Dec. 1, 1991, see section 7 of Pub. L. 102–152, set out as a note under section 1114 of this title.

Amendment by Pub. L. 102–3 effective Jan. 1, 1991, see section 7 of Pub. L. 102–3, set out as a note under section 1114 of this title.

Effective Date of 1989 Amendment

Amendment by Pub. L. 101–237 effective Dec. 1, 1989, see section 106 of Pub. L. 101–237, set out as a note under section 1114 of this title.

Effective Date of 1988 Amendment

Amendment by Pub. L. 100–687 effective Dec. 1, 1988, see section 1106 of Pub. L. 100–687, set out as a note under section 1114 of this title.

Effective Date of 1987 Amendment

Amendment by Pub. L. 100–227 effective Dec. 1, 1987, see section 107 of Pub. L. 100–227, set out as a note under section 1114 of this title.

Effective Date of 1986 Amendments

Amendment by Pub. L. 99–576 effective Dec. 1, 1986, but not effective unless benefit amounts payable under section 401 et seq. of Title 42, The Public Health and Welfare, are increased effective Dec. 1, 1986, as a result of a determination under section 415(i) of Title 42, see section 107 of Pub. L. 99–576, set out as a note under section 1114 of this title.

Amendment by Pub. L. 99–238 effective Dec. 1, 1985, see section 107 of Pub. L. 99–238, set out as a note under section 1114 of this title.

Effective Date of 1984 Amendments

Amendment by Pub. L. 98–543 effective Dec. 1, 1984, see section 107 of Pub. L. 98–543, set out as a note under section 1114 of this title.

Amendment by Pub. L. 98–223 effective Apr. 1, 1984, see section 107 of Pub. L. 98–223, set out as a note under section 1114 of this title.

Effective Date of 1982 Amendment

Amendment by Pub. L. 97–306 effective Oct. 1, 1982, see section 108 of Pub. L. 97–306, set out as a note under section 1114 of this title.

Effective Date of 1981 Amendment

Amendment by Pub. L. 97–66 effective Oct. 1, 1981, see section 701(a) of Pub. L. 97–66, set out as a note under section 1114 of this title.

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–385 applicable only to payments for months beginning after Sept. 30, 1980, see section 601(a) of Pub. L. 96–385, set out as a note under section 1114 of this title.

Effective Date of 1979 Amendment

Amendment by Pub. L. 96–128 effective Oct. 1, 1979, see section 601(a)(1) of Pub. L. 96–128, set out as a note under section 1114 of this title.

Effective Date of 1978 Amendment

Amendment by Pub. L. 95–479 effective Oct. 1, 1978, see section 401(a) of Pub. L. 95–479, set out as a note under section 1114 of this title.

Effective Date of 1977 Amendment

Amendment by Pub. L. 95–117 effective Oct. 1, 1977, see section 501 of Pub. L. 95–117, set out as a note under section 1114 of this title.

Effective Date of 1976 Amendment

Amendment by Pub. L. 94–433 effective Oct. 1, 1976, see section 406 of Pub. L. 94–433, set out as a note under section 1101 of this title.

Effective Date of 1975 Amendment

Amendment by Pub. L. 94–71 effective Aug. 1, 1975, see section 301 of Pub. L. 94–71, set out as a note under section 1114 of this title.

Effective Date of 1974 Amendment

Amendment by Pub. L. 93–295 effective May 1, 1974, see section 401 of Pub. L. 93–295, set out as a note under section 1114 of this title.

Effective Date of 1971 Amendment

Amendment by Pub. L. 92–197 effective Jan. 1, 1972, see section 10 of Pub. L. 92–197, set out as a note under section 1311 of this title.

Effective Date of 1970 Amendment

Amendment by Pub. L. 91–262 effective first day of second calendar month following May 1970, see section 4 of Pub. L. 91–262, set out as a note under section 1313 of this title.

Effective Date of 1966 Amendment

Amendment by Pub. L. 89–730 effective first day of second calendar month following Nov. 2, 1966, see section 7(a) of Pub. L. 89–730, set out as a note under section 1315 of this title.

Effective Date of 1965 Amendment

Amendment by Pub. L. 89–311 effective first day of second calendar month following Oct. 31, 1965, see section 9 of Pub. L. 89–311, set out as a note under section 1114 of this title.

Effective Date of 1963 Amendment

Amendment by Pub. L. 88–21 effective first day of second calendar month beginning after May 15, 1963, see section 5 of Pub. L. 88–21, set out as a note under section 1311 of this title.

Repeal

Section 405(g) of Pub. L. 97–253, cited as a credit to this section, was repealed by Pub. L. 97–306, §§107, 108, Oct. 14, 1982, 96 Stat. 1431 , 1432, eff. Oct. 1, 1982.

Disability Compensation and Dependency and Indemnity Compensation Rate Increases

For increases in rates and limitations on Department of Veterans Affairs disability compensation and dependency and indemnity compensation, see notes set out under section 1114 of this title.