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38 U.S.C. § 1315 — Dependency and indemnity compensation to parents

submitted 68 years ago by Pub. L. 85-857 to r/title-38-VETERANS-BENEFITS · 1,184 words · no verdicts yet

in plain englishAI-generated · not legal advice

Parents of deceased veterans receive dependency and indemnity compensation under formulas based on family status and income. The section lists income exclusions, reporting duties, and an added amount for certain nursing-home, blind, or disabled parents.

(a) (1) Unless paragraph (2) applies, dependency and indemnity compensation must be paid monthly to a deceased veteran’s parents in the amounts in this section. (2) Under the Secretary’s regulations, payment may be less often than monthly if the yearly benefit is less than 4 percent of this section’s maximum yearly rate.

(b) (1) Unless subsection (b)(4) applies, when there is one parent, the monthly rate is $569, adjusted over time under section 5312(b)(1), minus an amount based on the parent’s yearly income under regulations required by section 5312(b)(2). (2) It may never be less than $5 per month. (3) It may not be paid if the parent’s yearly income is more than $13,456, adjusted under section 5312. (4) If the only parent has remarried and lives with the spouse, payment uses either paragraph (1) or subsection (d), whichever gives the parent more. The combined yearly income of the parent and spouse is counted.

(c) (1) Unless subsection (d) applies, if two parents do not live together, each receives a monthly rate of $412, adjusted under section 5312(b)(1), minus an amount based on that parent’s yearly income under section 5312(b)(2) regulations. (2) The minimum is $5 monthly. (3) No payment under paragraph (1) if that parent’s yearly income exceeds $13,456, adjusted under section 5312.

(d) (1) If two parents live together, or a parent has remarried and lives with the spouse, the monthly rate is $387, adjusted under section 5312(b)(1), minus an amount based on the combined yearly income under section 5312(b)(2) regulations. (2) The minimum is $5 monthly. (3) No payment if the parent and spouse’s combined yearly income exceeds $18,087, adjusted under section 5312.

(e) The Secretary may require a parent, as a condition of granting or continuing compensation, to file a yearly report showing expected income for that year and income received the preceding year. This does not apply to someone at least 72 who has received compensation during two consecutive calendar years. The parent or parents must report a material income change.

(f) (1) Income includes every payment from every source except: (A) the six-month death gratuity; (B) donations from public or private relief or welfare organizations; (C) payments under this chapter, except section 1312(a), and chapters 11 and 15, and under the first sentence of section 9(b) of the Veterans’ Pension Act of 1959; (D) lump-sum death payments under Social Security title II; (E) State bonuses or similar cash gratuities based on Armed Forces service; (F) payments under listed servicemembers’ or Government life-insurance policies and servicemen’s indemnity; (G) 10 percent of payments from public or private retirement, annuity, endowment, or similar plans; (H) amounts equal to payments for a deceased spouse’s just debts, last-illness expenses not reimbursed under chapter 51, and burial expenses not reimbursed under chapter 23 or 51; (I) casualty-loss reimbursements, as defined by the Secretary’s regulations, up to the greater of the property’s fair-market or reasonable-replacement value just before the loss; (J) amounts equal to payments for the veteran’s last illness and burial expenses not reimbursed under chapter 23; (K) profit from selling real or personal property outside a business; (L) payments for jury duty or required civic duties; and (M) annuities elected under title 10, chapter 73, subchapter I. (2) A fractional dollar is rounded down to the next dollar for yearly income. (3) The Secretary may by regulation exclude unusual medical expenses paid by a parent.

(g) The monthly rate increases by $308, adjusted under section 5312, if the parent is a nursing-home patient, blind or nearly blind, or so significantly disabled that regular aid and attendance of another person is needed.

the actual law source: uscode.house.gov ↗public domain
(a)
(1)

Except as provided in paragraph (2), dependency and indemnity compensation shall be paid monthly to parents of a deceased veteran in the amounts prescribed by this section.

(2)

Under regulations prescribed by the Secretary, benefits under this section may be paid less frequently than monthly if the amount of the annual benefit is less than 4 percent of the maximum annual rate payable under this section.

(b)
(1)

Except as provided in paragraph (4) of this subsection, if there is only one parent, the monthly rate of dependency and indemnity compensation paid to such parent shall be $569, as increased from time to time under section 5312(b)(1) of this title and reduced by an amount, based upon the amount of such parent’s annual income, determined in accordance with regulations which the Secretary shall prescribe under section 5312(b)(2) of this title.

(2)

In no case may the amount of dependency and indemnity compensation payable to any parent under this subsection be less than $5 monthly.

(3)

In no case may dependency and indemnity compensation be paid under paragraph (1) of this subsection to any parent if the annual income of such parent exceeds $13,456, as increased from time to time under section 5312 of this title.

(4)

If there is only one parent and such parent has remarried and is living with such parent’s spouse, dependency and indemnity compensation shall be paid to such parent under either paragraph (1) of this subsection or under subsection (d) of this section, whichever will result in the greater amount of such compensation being paid to such parent. In such a case of remarriage the total combined annual income of the parent and such parent’s spouse shall be counted in determining the monthly rate of dependency and indemnity compensation under the appropriate formula.

(c)
(1)

Except as provided in subsection (d) of this section, if there are two parents, but they are not living together, the monthly rate of dependency and indemnity compensation paid to each such parent shall be $412, as increased from time to time under section 5312(b)(1) of this title and reduced by an amount, based upon the amount of such parent’s annual income, determined in accordance with regulations which the Secretary shall prescribe under section 5312(b)(2) of this title.

(2)

In no case may the amount of dependency and indemnity compensation payable to any parent under this subsection be less than $5 monthly.

(3)

In no case may dependency and indemnity compensation be paid under paragraph (1) of this subsection to any parent if the annual income of such parent exceeds $13,456, as increased from time to time under section 5312 of this title.

(d)
(1)

If there are two parents who are living together, or if a parent has remarried and is living with such parent’s spouse, the monthly rate of dependency and indemnity compensation paid to such parent shall be $387, as increased from time to time under section 5312(b)(1) of this title and reduced by an amount, based upon the amount of the combined annual income of the parents or the parent and the parent’s spouse, determined in accordance with regulations which the Secretary shall prescribe under section 5312(b)(2) of this title.

(2)

In no case may the amount of dependency and indemnity compensation payable to any parent under this subsection be less than $5 monthly.

(3)

In no case may dependency and indemnity compensation be paid under this subsection to a parent if the total combined annual income of the parent and such parent’s spouse exceeds $18,087, as increased from time to time under section 5312 of this title.

(e)

The Secretary may require as a condition of granting or continuing dependency and indemnity compensation to a parent that such parent, other than one who has attained seventy-two years of age and has been paid dependency and indemnity compensation during two consecutive calendar years, file for a calendar year with the Secretary (on the form prescribed by the Secretary) a report showing the total income which such parent expects to receive in that year and the total income which such parent received in the preceding year. The parent or parents shall notify the Secretary whenever there is a material change in annual income.

(f)
(1)

In determining income under this section, all payments of any kind or from any source shall be included, except—

(A)

payments of the six-months’ death gratuity;

(B)

donations from public or private relief or welfare organizations;

(C)

payments under this chapter (except section 1312(a)) and chapters 11 and 15 of this title and under the first sentence of section 9(b) of the Veterans’ Pension Act of 1959;

(D)

lump-sum death payments under title II of the Social Security Act (42 U.S.C. 401 et seq.);

(E)

payments of bonus or similar cash gratuity by any State based upon service in the Armed Forces;

(F)

payments under policies of servicemembers’ group life insurance, United States Government life insurance or national service life insurance, and payments of servicemen’s indemnity;

(G)

10 percent of the amount of payments to an individual under public or private retirement, annuity, endowment, or similar plans or programs;

(H)

amounts equal to amounts paid by a parent of a deceased veteran for—

(i)

a deceased spouse’s just debts,

(ii)

the expenses of the spouse’s last illness to the extent such expenses are not reimbursed under chapter 51 of this title, and

(iii)

the expenses of the spouse’s burial to the extent that such expenses are not reimbursed under chapter 23 or chapter 51 of this title;

(I)

reimbursements of any kind for any casualty loss (as defined in regulations which the Secretary shall prescribe), but the amount excluded under this clause may not exceed the greater of the fair market value or the reasonable replacement value of the property involved at the time immediately preceding the loss;

(J)

amounts equal to amounts paid by a parent of a deceased veteran for—

(i)

the expenses of the veteran’s last illness, and

(ii)

the expenses of such veteran’s burial to the extent that such expenses are not reimbursed under chapter 23 of this title;

(K)

profit realized from the disposition of real or personal property other than in the course of a business;

(L)

payments received for discharge of jury duty or obligatory civic duties;

(M)

payments of annuities elected under subchapter I of chapter 73 of title 10.

(2)

Where a fraction of a dollar is involved, annual income shall be fixed at the next lower dollar.

(3)

The Secretary may provide by regulation for the exclusion from income under this section of amounts paid by a parent for unusual medical expenses.

(g)

The monthly rate of dependency and indemnity compensation payable to a parent shall be increased by $308, as increased from time to time under section 5312 of this title, if such parent is (1) a patient in a nursing home or (2) blind, or so nearly blind or significantly disabled as to need or require the regular aid and attendance of another person.

Source credit: (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1129, § 415; Pub. L. 87–268, § 1(b), Sept. 21, 1961, 75 Stat. 566; Pub. L. 88–21, § 4, May 15, 1963, 77 Stat. 17; Pub. L. 89–730, §§ 1, 2, Nov. 2, 1966, 80 Stat. 1157, 1158; Pub. L. 90–275, § 2, Mar. 28, 1968, 82 Stat. 66; Pub. L. 91–588, §§ 2, 8(a), Dec. 24, 1970, 84 Stat. 1582, 1584; Pub. L. 92–197, § 4, Dec. 15, 1971, 85 Stat. 661; Pub. L. 92–425, § 6(1), Sept. 21, 1972, 86 Stat. 713; Pub. L. 93–177, § 4, Dec. 6, 1973, 87 Stat. 695; Pub. L. 93–527, § 7, Dec. 21, 1974, 88 Stat. 1704; Pub. L. 94–169, title II, § 201, Dec. 23, 1975, 89 Stat. 1019; Pub. L. 94–432, title III, § 301, Sept. 30, 1976, 90 Stat. 1371; Pub. L. 95–204, title II, § 201, Dec. 2, 1977, 91 Stat. 1457; Pub. L. 95–588, title II, § 201, Nov. 4, 1978, 92 Stat. 2505; Pub. L. 96–466, title VI, § 605(c)(1), Oct. 17, 1980, 94 Stat. 2211; Pub. L. 97–295, § 4(10), Oct. 12, 1982, 96 Stat. 1305; Pub. L. 100–687, div. B, title XIV, § 1402(a), Nov. 18, 1988, 102 Stat. 4129; Pub. L. 102–40, title IV, § 402(d)(1), May 7, 1991, 105 Stat. 239; renumbered § 1315 and amended Pub. L. 102–83, §§ 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404–406; Pub. L. 102–86, title I, § 102, Aug. 14, 1991, 105 Stat. 414; Pub. L. 103–271, § 9(a), July 1, 1994, 108 Stat. 743; Pub. L. 104–275, title IV, § 405(c)(1), Oct. 9, 1996, 110 Stat. 3340; Pub. L. 109–233, title V, § 502(3), June 15, 2006, 120 Stat. 415; Pub. L. 111–37, § 3(f), June 30, 2009, 123 Stat. 1930.)

history & why it existsrecord from the source credit
  • 1958Enacted · Pub. L. 85-857 · 72 Stat. 1129
  • 1961Amended · Pub. L. 87-268 · 75 Stat. 566
  • 1963Amended · Pub. L. 88-21 · 77 Stat. 17
  • 1966Amended · Pub. L. 89-730 · 80 Stat. 1157, 1158
  • 1968Amended · Pub. L. 90-275 · 82 Stat. 66
  • 1970Amended · Pub. L. 91-588 · 84 Stat. 1582, 1584
  • 1971Amended · Pub. L. 92-197 · 85 Stat. 661
  • 1972Amended · Pub. L. 92-425 · 86 Stat. 713
  • 1973Amended · Pub. L. 93-177 · 87 Stat. 695
  • 1974Amended · Pub. L. 93-527 · 88 Stat. 1704
  • 1975Amended · Pub. L. 94-169 · 89 Stat. 1019
  • 1976Amended · Pub. L. 94-432 · 90 Stat. 1371
  • 1977Amended · Pub. L. 95-204 · 91 Stat. 1457
  • 1978Amended · Pub. L. 95-588 · 92 Stat. 2505
  • 1980Amended · Pub. L. 96-466 · 94 Stat. 2211
  • 1982Amended · Pub. L. 97-295 · 96 Stat. 1305
  • 1988Amended · Pub. L. 100-687 · 102 Stat. 4129
  • 1991Amended · Pub. L. 102-40 · 105 Stat. 239
  • 1991Amended · Pub. L. 102-83 · 105 Stat. 404
  • 1991Amended · Pub. L. 102-86 · 105 Stat. 414
  • 1994Amended · Pub. L. 103-271 · 108 Stat. 743
  • 1996Amended · Pub. L. 104-275 · 110 Stat. 3340
  • 2006Amended · Pub. L. 109-233 · 120 Stat. 415
  • 2009Amended · Pub. L. 111-37 · 123 Stat. 1930

A history note hasn’t been published yet. The record shows enactment by Pub. L. 85-857 on 1958-09-02.

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