United States Code (Last Updated: May 24, 2014) |
Title 38. VETERANS’ BENEFITS |
Part II. GENERAL BENEFITS |
Chapter 13. DEPENDENCY AND INDEMNITY COMPENSATION FOR SERVICE-CONNECTED DEATHS |
SubChapter II. DEPENDENCY AND INDEMNITY COMPENSATION |
§ 1313. Dependency and indemnity compensation to children
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(a) Whenever there is no surviving spouse of a deceased veteran entitled to dependency and indemnity compensation, dependency and indemnity compensation shall be paid in equal shares to the children of the deceased veteran at the following monthly rates: (1) one child, $488; (2) two children, $701; (3) three children, $915; and (4) more than three children, $915, plus $174 for each child in excess of three. (b) If dependency and indemnity compensation has been awarded under this section to a veteran’s child or children and the entitlement to dependency and indemnity compensation under this section of an additional child of that veteran who is over the age of eighteen years and who had previously been entitled to dependency and indemnity compensation under this section before becoming eighteen years of age is later reestablished effective retroactively upon determination that such child is pursuing a course of instruction at an approved educational institution, the amount payable retroactively to the additional child is the amount equal to the difference between the total of the increased award payable under this section to the children of the deceased veteran for the retroactive period and the prior total award for such purpose for that period.
Codification
Amendments by section 105 of Pub. L. 99–576, section 105 of Pub. L. 99–238, and section 105 of Pub. L. 98–223, which directed that cls. (1) to (4) of this section be amended, were executed by amending subsec. (a) of this section, as the probable intent of Congress, in view of subsec. (a) containing cls. (1) to (4).
Amendments
2009—Subsec. (a)(1). Pub. L. 111–37, § 3(e)(1)(A), substituted “$488” for “$462”.
Subsec. (a)(2). Pub. L. 111–37, § 3(e)(1)(B), substituted “$701” for “$663”.
Subsec. (a)(3). Pub. L. 111–37, § 3(e)(1)(C), substituted “$915” for “$865”.
Subsec. (a)(4). Pub. L. 111–37, § 3(e)(1)(D), substituted “$915” and “$174” for “$865” and “$165”, respectively.
2008—Subsec. (a)(1). Pub. L. 110–324, § 3(e)(1)(A), substituted “$462” for “$452”.
Subsec. (a)(2). Pub. L. 110–324, § 3(e)(1)(B), substituted “$663” for “$649”.
Subsec. (a)(3). Pub. L. 110–324, § 3(e)(1)(C), substituted “$865” for “$846”.
Subsec. (a)(4). Pub. L. 110–324, § 3(e)(1)(D), substituted “$865” and “$165” for “$846” and “$162”, respectively.
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)(1). Pub. L. 109–461, § 1005(e)(1)(A), substituted “$452” for “$438”.
Pub. L. 109–444, § 9(e)(1)(A), which substituted “$452” for “$438”, was terminated by Pub. L. 109–461, § 1006(b). See Amendment notes above.
Subsec. (a)(2). Pub. L. 109–461, § 1005(e)(1)(B), substituted “$649” for “$629”.
Pub. L. 109–444, § 9(e)(1)(B), which substituted “$649” for “$629”, was terminated by Pub. L. 109–461, § 1006(b). See Amendment notes above.
Subsec. (a)(3). Pub. L. 109–461, § 1005(e)(1)(C), substituted “$846” for “$819”.
Pub. L. 109–444, § 9(e)(1)(C), which substituted “$846” for “$819”, was terminated by Pub. L. 109–461, § 1006(b). See Amendment notes above.
Subsec. (a)(4). Pub. L. 109–461, § 1005(e)(1)(D), substituted “$846” and “$162” for “$819” and “$157”, respectively.
Pub. L. 109–444, § 9(e)(1)(D), which substituted “$846” and “$162” for “$819” and “$157”, respectively, was terminated by Pub. L. 109–461, § 1006(b). See Amendment notes above.
2005—Subsec. (a)(1). Pub. L. 109–111, § 2(e)(1)(A), substituted “$438” for “$410”.
Subsec. (a)(2). Pub. L. 109–111, § 2(e)(1)(B), substituted “$629” for “$590”.
Subsec. (a)(3). Pub. L. 109–111, § 2(e)(1)(C), substituted “$819” for “$767”.
Subsec. (a)(4). Pub. L. 109–111, § 2(e)(1)(D), substituted “$819” and “$157” for “$767” and “$148”, respectively.
2004—Subsec. (a)(1). Pub. L. 108–454, § 307(e)(1)(A), substituted “$410” for “$402”.
Subsec. (a)(2). Pub. L. 108–454, § 307(e)(1)(B), substituted “$590” for “$578”.
Subsec. (a)(3). Pub. L. 108–454, § 307(e)(1)(C), substituted “$767” for “$752”.
Subsec. (a)(4). Pub. L. 108–454, § 307(e)(1)(D), substituted “$767” and “$148” for “$752” and “$145”, respectively.
2002—Subsec. (a)(1). Pub. L. 107–330, § 309(e)(1)(A), substituted “$402” for “$397”.
Subsec. (a)(2). Pub. L. 107–330, § 309(e)(1)(B), substituted “$578” for “$571”.
Subsec. (a)(3). Pub. L. 107–330, § 309(e)(1)(C), substituted “$752” for “$742”.
Subsec. (a)(4). Pub. L. 107–330, § 309(e)(1)(D), substituted “$752” and “$145” for “$742” and “$143”, respectively.
2001—Subsec. (a)(1). Pub. L. 107–94, § 6(a)(1), substituted “$397” for “$373”.
Subsec. (a)(2). Pub. L. 107–94, § 6(a)(2), substituted “$571” for “$538”.
Subsec. (a)(3). Pub. L. 107–94, § 6(a)(3), substituted “$742” for “$699”.
Subsec. (a)(4). Pub. L. 107–94, § 6(a)(4), substituted “$742” and “$143” for “$699” and “$136”, respectively.
1999—Subsec. (a)(1). Pub. L. 106–118, § 6(a)(1), substituted “$373” for “$361”.
Subsec. (a)(2). Pub. L. 106–118, § 6(a)(2), substituted “$538” for “$520”.
Subsec. (a)(3). Pub. L. 106–118, § 6(a)(3), substituted “$699” for “$675”.
Subsec. (a)(4). Pub. L. 106–118, § 6(a)(4), substituted “$699” and “$136” for “$675” and “$132”, respectively.
1997—Subsec. (a)(1). Pub. L. 105–98, § 6(a)(1), substituted “$361” for “$327”.
Subsec. (a)(2). Pub. L. 105–98, § 6(a)(2), substituted “$520” for “$471”.
Subsec. (a)(3). Pub. L. 105–98, § 6(a)(3), substituted “$675” for “$610”.
Subsec. (a)(4). Pub. L. 105–98, § 6(a)(4), substituted “$675” and “$132” for “$610” and “$120”, respectively.
1993—Subsec. (a)(1). Pub. L. 103–140, § 6(a)(1), substituted “$327” for “$319”.
Pub. L. 103–78, § 5(a)(1), substituted “$319” for “$310”.
Subsec. (a)(2). Pub. L. 103–140, § 6(a)(2), substituted “$471” for “$460”.
Pub. L. 103–78, § 5(a)(2), substituted “$460” for “$447”.
Subsec. (a)(3). Pub. L. 103–140, § 6(a)(3), substituted “$610” for “$595”.
Pub. L. 103–78, § 5(a)(3), substituted “$595” for “$578”.
Subsec. (a)(4). Pub. L. 103–140, § 6(a)(4), substituted “$610” for “$595” and “$120” for “$117”.
Pub. L. 103–78, § 5(a)(4), substituted “$595” for “$578” and “$117” for “$114”.
1991—Pub. L. 102–83 renumbered section 413 of this title as this section.
Subsec. (a)(1). Pub. L. 102–152, § 6(a)(1), substituted “$310” for “$299”.
Pub. L. 102–3, § 6(a)(1), substituted “$299” for “$284”.
Subsec. (a)(2). Pub. L. 102–152, § 6(a)(2), substituted “$447” for “$431”.
Pub. L. 102–3, § 6(a)(2), substituted “$431” for “$409”.
Subsec. (a)(3). Pub. L. 102–152, § 6(a)(3), substituted “$578” for “$557”.
Pub. L. 102–3, § 6(a)(3), substituted “$557” for “$529”.
Subsec. (a)(4). Pub. L. 102–152, § 6(a)(4), substituted “$578” for “$557” and “$114” for “$110”.
Pub. L. 102–3, § 6(a)(4), substituted “$557” for “$529” and “$110” for “$105”.
1989—Subsec. (a)(1). Pub. L. 101–237, § 105(a)(1), substituted “$284” for “$271”.
Subsec. (a)(2). Pub. L. 101–237, § 105(a)(2), substituted “$409” for “$391”.
Subsec. (a)(3). Pub. L. 101–237, § 105(a)(3), substituted “$529” for “$505”.
Subsec. (a)(4). Pub. L. 101–237, § 105(a)(4), substituted “$529” and “$105” for “$505” and “$100”, respectively.
1988—Subsec. (a)(1). Pub. L. 100–687, § 1105(a)(1), substituted “$271” for “$261”.
Subsec. (a)(2). Pub. L. 100–687, § 1105(a)(2), substituted “$391” for “$376”.
Subsec. (a)(3). Pub. L. 100–687, § 1105(a)(3), substituted “$505” for “$486”.
Subsec. (a)(4). Pub. L. 100–687, § 1105(a)(4), substituted “$505” and “$100” for “$486” and “$97”, respectively.
1987—Subsec. (a)(1). Pub. L. 100–227, § 105(1), substituted “$261” for “$251”.
Subsec. (a)(2). Pub. L. 100–227, § 105(2), substituted “$376” for “$361”.
Subsec. (a)(3). Pub. L. 100–227, § 105(3), substituted “$486” for “$467”.
Subsec. (a)(4). Pub. L. 100–227, § 105(4), substituted “$486” and “$97” for “$467” and “$94”, respectively.
1986—Subsec. (a). Pub. L. 99–576, § 703(a)(1), amended directory language of Pub. L. 98–543, § 105. See 1984 Amendment notes below.
Subsec. (a)(1). Pub. L. 99–576, § 105(1), substituted “$251” for “$247”.
Pub. L. 99–238, § 105(1), substituted “$247” for “$240”.
Subsec. (a)(2). Pub. L. 99–576, § 105(2), substituted “$361” for “$356”.
Pub. L. 99–238, § 105(2), substituted “$356” for “$345”.
Subsec. (a)(3). Pub. L. 99–576, § 105(3), substituted “$467” for “$460”.
Pub. L. 99–238, § 105(3), substituted “$460” for “$446”.
Subsec. (a)(4). Pub. L. 99–576, § 105(4), substituted “$467” and “$94” for “$460” and “$93”, respectively.
Pub. L. 99–238, § 105(4), substituted “$460” and “$93” for “$446” and “$90”, respectively.
1984—Subsec. (a)(1). Pub. L. 98–543, § 105(1), as amended by Pub. L. 99–576, § 703(a), substituted “$240” for “$233”.
Pub. L. 98–223, § 105(1), substituted “$233” for “$225”.
Subsec. (a)(2). Pub. L. 98–543, § 105(2), as amended by Pub. L. 99–576, § 703(a), substituted “$345” for “$334”.
Pub. L. 98–223, § 105(2), substituted “$334” for “$323”.
Subsec. (a)(3). Pub. L. 98–543, § 105(3), as amended by Pub. L. 99–576, § 703(a), substituted “$446” for “$432”.
Pub. L. 98–223, § 105(3), substituted “$432” for “$417”.
Subsec. (a)(4). Pub. L. 98–543, § 105(4), as amended by Pub. L. 99–576, § 703(a), substituted “$446” and “$90” for “$432” and “$87”, respectively.
Pub. L. 98–223, § 105(4), substituted “$432” and “$87” for “$417” and “$84”, respectively.
1982—Subsec. (a)(1). Pub. L. 97–306, §§ 105(1), 107, 108, substituted “$225” for “$210”, and repealed amendment made by Pub. L. 97–253, § 405(f)(1), eff.
Pub. L. 97–253, § 405(f)(1), (h), eff.
Subsec. (a)(2). Pub. L. 97–306, §§ 105(2), 107, 108, substituted “$323” for “$301”, and repealed amendment made by Pub. L. 97–253, § 405(f)(2), eff.
Pub. L. 97–253, § 405(f)(2), (h), eff.
Subsec. (a)(3). Pub. L. 97–306, §§ 105(3), 107, 108, substituted “$417” for “$389”, and repealed amendment made by Pub. L. 97–253, § 405(f)(3), eff.
Pub. L. 97–253, § 405(f)(3), (h), eff.
Subsec. (a)(4). Pub. L. 97–306, §§ 105(4), 107, 108, substituted “$417, plus $84” for “$389, plus $79”, and repealed amendments made by Pub. L. 97–253, § 405(f)(4), eff.
Pub. L. 97–253, § 405(f)(4), (h), eff.
1981—Pub. L. 97–66, §§ 202, 204(a), designated existing provisions as subsec. (a) and, in subsec. (a) as so designated, substituted “$210”, “$301”, “$389”, and “$79” for “$189”, “$271”, “$350”, and “$71”, respectively, in pars. (1), (2), (3), and (4).
Subsec. (b). Pub. L. 97–66, § 204(a), added subsec. (b).
1980—Pub. L. 96–385 substituted “$189”, “$271”, “$350”, “$350” and “$71” for “$165”, “$237”, “$306”, “$306” and “$62”, respectively, in pars. (1), (2), (3), and (4).
1979—Pub. L. 96–128 substituted “$165”, “$237”, “$306”, “$306” and “$62” for “$150”, “$216”, “$278”, “278” and “$56”, in pars. (1), (2), (3), and (4), respectively.
1978—Pub. L. 95–479 substituted “$150”, “$216”, “$278”, “$278” and “$56” for “$140”, “$201”, “$259”, “$259” and “$52”, in pars. (1), (2), (3), and (4), respectively.
1977—Pub. L. 95–117 substituted “$140”, “$201”, “$259”, “$259”, and “$52” for “$131”, “$189”, “$243”, “$243”, and “$49”, in pars. (1), (2), (3), and (4), respectively.
1976—Pub. L. 94–433 substituted “surviving spouse” for “widow” in introductory text and $131, $189, $243, $243, and $49 for $121, $175, $225, $225, and $45 in pars. (1), (2), (3), and (4), respectively.
1975—Pub. L. 94–71 substituted $121, $175, $225, $225 and $45 for $108, $156, $201, $201 and $40 in pars. (1), (2), (3) and (4), respectively.
1974—Pub. L. 93–295 substituted “$108”, “$156”, “$201”, “$201”, and “$40” for “$92”, “$133”, “$172”, “$172”, and “$34”, in pars. (1), (2), (3), and (4), respectively.
1971—Pub. L. 92–197 substituted “$92”, “$133”, “$172”, and “$172” and “$34” for “$88”, “$127”, “$164” and “164” and “$32”, in pars. (1), (2), (3), and (4). respectively.
1970—Pub. L. 91–262 substituted “$88”, “$127”, “$164”, and “$164” and “$32”, for “$80”, “$115”, “$149”, and “$149” and “$29”, in pars. (1), (2), (3), and (4), respectively.
1966—Pub. L. 89–730 substituted “$80”, “$115”, “$149”, and “$29”, for “$77”, “$110”, “$143”, and “$143” and “$28”, in pars. (1), (2), (3), and (4), respectively.
1963—Pub. L. 88–21 substituted “$77”, “$110”, “$143” and “28” for “$70”, “$100”, “$130” and “$25”, in pars. (1), (2), (3), and (4), respectively.
Effective Date Of Amendment
Amendment by Pub. L. 111–37 effective
Amendment by Pub. L. 110–324 effective
Amendment by Pub. L. 109–111 effective
Amendment by Pub. L. 107–94 effective
Amendment by Pub. L. 106–118 effective
Amendment by Pub. L. 105–98 effective
Amendment by Pub. L. 103–140 effective
Amendment by Pub. L. 102–152 effective
Amendment by Pub. L. 102–3 effective
Amendment by Pub. L. 101–237 effective
Amendment by Pub. L. 100–687 effective
Amendment by Pub. L. 100–227 effective
Amendment by Pub. L. 99–576 effective
Pub. L. 99–576, title VII, § 703(c),
Amendment by Pub. L. 99–238 effective
Amendment by Pub. L. 98–543 effective
Amendment by Pub. L. 98–223 effective
Amendment by Pub. L. 97–306 effective
Amendment by Pub. L. 97–66 effective
Amendment by Pub. L. 96–385 applicable only to payments for months beginning after
Amendment by Pub. L. 96–128 effective
Amendment by Pub. L. 95–479 effective
Amendment by Pub. L. 95–117 effective
Amendment by Pub. L. 94–433 effective
Amendment by Pub. L. 94–71 effective
Amendment by Pub. L. 93–295 effective
Amendment by Pub. L. 92–197 effective
Pub. L. 91–262, § 4,
Amendment by Pub. L. 89–730 effective first day of second calendar month following
Amendment by Pub. L. 88–21 effective first day of second calendar month beginning after
Miscellaneous
Pub. L. 97–253, title IV, § 405(f),
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.