38-U.S.C.-1314
§1314 – Supplemental Dependency and Indemnity Compensation to Children
Pathway
Title 38 > Part II > Chapter 13 > Subchapter II > Section 1314
Details
- Reference: Section 1314
- Legend: §1314 – Supplemental Dependency and Indemnity Compensation to Children
- USCode Year: 2013
Provision Content
(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 persons 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 persons 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.)
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 persons 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 persons 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.
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.
U.S. Encyclopedia of Law Coverage
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