38-U.S.C.-1316

38-U.S.C.-1316

§1316 – Dependency and Indemnity Compensation In Cases of Prior Deaths

Pathway

Title 38 > Part II > Chapter 13 > Subchapter II > Section 1316

Details

  • Reference: Section 1316
  • Legend: §1316 – Dependency and Indemnity Compensation In Cases of Prior Deaths
  • USCode Year: 2013

Provision Content

(a)(1) Any person who is eligible as a surviving spouse or child for death compensation by reason of a death occurring before January 1, 1957, may receive dependency and indemnity compensation upon application therefor.

(2) Any person who is eligible as a parent, or, but for such persons annual income, would be eligible as a parent, for death compensation by reason of a death occurring before January 1, 1957, may receive dependency and indemnity compensation upon application therefor; however, the annual income limitations established by section 1315 of this title shall apply to each such parent.

(b)(1) Whenever the surviving spouse of a veteran has been granted dependency and indemnity compensation by reason of this section, payments to such surviving spouse and to the children of the veteran shall thereafter be made under this chapter, and shall not thereafter be made to them by reason of the death of the veteran under (A) other provisions of law administered by the Secretary providing for the payment of compensation or pension, or (B) subchapter I of chapter 81 of title 5.

(2) Whenever the child or parent of any veteran is granted dependency and indemnity compensation, payments shall not thereafter be made to such child or parent by reason of the death of the veteran under (A) other provisions of law administered by the Secretary providing for the payment of compensation or pension, or (B) subchapter I of chapter 81 of title 5.

(c) If children of a deceased individual are receiving death compensation, and all such children have not applied for dependency and indemnity compensation, (1) dependency and indemnity compensation paid to each child who has applied therefor shall not exceed the amounts which would be paid if the application had been made by, or on behalf of, all such children, and (2) benefits paid under other provisions of law administered by the Secretary providing for the payment of compensation or pension, or under subchapter I of chapter 81 of title 5, to each child who has not so applied therefor shall not exceed the amounts which would be paid to such child if no such application had been made.

(d) If there are two parents of a deceased individual eligible for benefits by reason of subsection (a), and an application for dependency and indemnity compensation is not made by both parents, (1) dependency and indemnity compensation paid to the parent who applies therefor shall not exceed the amounts which would be paid to such parent if both parents had so applied, and (2) benefits paid under other provisions of law administered by the Secretary providing for the payment of compensation, or under subchapter I of chapter 81 of title 5, to the parent who has not so applied therefor shall not exceed the amounts which would be paid to such parent if no such application had been made.

(e)(1) Except as provided in paragraphs (3) and (4), no person who, on January 1, 1957, was a principal or contingent beneficiary of any payments under the Servicemens Indemnity Act of 1951 may receive any such payments based upon the death giving rise to such payments after such person has been granted dependency and indemnity compensation based upon that death. No principal or contingent beneficiary who has assigned such beneficiarys interest in payments under the Servicemens Indemnity Act of 1951 after June 28, 1956, may receive any payments under this chapter based upon the death giving rise to such payments until the portion of the indemnity so assigned is no longer payable to any person.

(2) Where a beneficiary is barred from the receipt of payments under the Servicemens Indemnity Act of 1951 by virtue of the first sentence of paragraph (1), no payments of the portion of indemnity in which such beneficiary had an interest shall be made to any other beneficiary.

(3) In the case of a child who has applied for dependency and indemnity compensation pursuant to this section or prior corresponding provisions of law, and who is or becomes a beneficiary under the Servicemens Indemnity Act of 1951 by reason of the death giving rise to such childs eligibility for dependency and indemnity compensation, the Secretary shall determine and pay to such child for each month, or part thereof, payments under this chapter or under such Act, whichever payment the Secretary determines to be the greater amount.

(4) Notwithstanding paragraph (2), where a child receives dependency and indemnity compensation under this chapter, and thereafter dies, the portion of servicemens indemnity in which such child had an interest may be paid (subject to paragraph (3)) to another child of the person by reason of whose death such servicemens indemnity was payable.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1130, §416; Pub. L. 94–433, title IV, §405(11)–(16), Sept. 30, 1976, 90 Stat. 1380; Pub. L. 97–295, §4(11), Oct. 12, 1982, 96 Stat. 1305; renumbered §1316 and amended Pub. L. 102–83, §§4(a)(1), (b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 403–406.)

References in Text

The Servicemens Indemnity Act of 1951, referred to in subsec. (e), is act Apr. 25, 1951, ch. 39, pt. I, 65 Stat. 33, as amended, which was classified generally to subchapter II (§851 et seq.) of chapter 13 of former Title 38, Pensions, Bonuses, and Veterans’ Relief, and was repealed by act Aug. 1, 1956, ch. 837, title V, §502(9), 70 Stat. 886.

Amendments

1991—Pub. L. 102–83, §5(a), renumbered section 416 of this title as this section.

Subsec. (a)(2). Pub. L. 102–83, §5(c)(1), substituted 1315 for 415.

Subsecs. (b) to (d). Pub. L. 102–83, §4(a)(1), substituted administered by the Secretary for administered by the Veterans’ Administration wherever appearing.

Subsec. (e)(3). Pub. L. 102–83, §4(b)(1), (2)(E), substituted Secretary for Administrator in two places.

1982—Subsecs. (b)(1)(B), (2)(B), (c)(2), (d)(2). Pub. L. 97–295 substituted subchapter I of chapter 81 of title 5 for the Federal Employees’ Compensation Act wherever appearing.

1976—Subsec. (a). Pub. L. 94–433, §405(11), substituted surviving spouse for widow in par. (1) and such persons for his in par. (2).

Subsec. (b)(1). Pub. L. 94–433, §405(12), substituted surviving spouse and such surviving spouse for widow and her, respectively.

Subsec. (c). Pub. L. 94–433, §405(13), substituted paid to such child for paid to him.

Subsec. (d). Pub. L. 94–433, §405(14), substituted such parent for him in cls. (1) and (2).

Subsec. (e). Pub. L. 94–433, §405(15), (16), substituted such person and such beneficiarys for he and his, respectively, in par. (1) and such childs and the Administrator for his and he, respectively, in par. (3).

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.

U.S. Encyclopedia of Law Coverage

38-U.S.C.-1302 in the Legal Encyclopedia: Veterans

In this entry about 38-U.S.C.-1302, find legal reference material, bibliographies and premiere content related to veterans in the American Encyclopedia of Law, presenting a comprehensive view of the United States veterans-specific issues, written by authorities in the field.

38-U.S.C.-1161 in the Legal Encyclopedia: Compensation

In this entry about 38-U.S.C.-1161, find legal reference material, bibliographies and premiere content related to compensation in the American Encyclopedia of Law, presenting a comprehensive view of the United States compensation-specific issues, written by authorities in the field.

38-U.S.C.-1315 in the Legal Encyclopedia: Benefits

In this entry about 38-U.S.C.-1315, find legal reference material, bibliographies and premiere content related to benefits in the American Encyclopedia of Law, presenting a comprehensive view of the United States benefits-specific issues, written by authorities in the field.

Topic Map


Posted

in

,

by

Comments

Leave a Reply

Your email address will not be published. Required fields are marked *