Monthly payments of parents' DIC shall be computed in accordance with the following formulas:
(a) One parent. Except as provided in paragraph (b) of this section, if there is only one parent, the monthly rate specified in 38 U.S.C 1315(b)(1), as increased from time to time under 38 U.S.C. 5312,reduced.08 for each dollar of such parent's countable annual income in excess of $800. No payments of DIC may be made under this paragraph, however, if such parent's countable annual income exceeds the amount specified in 38 U.S.C. 1315(b)(3), as increased from time to time under 38 U.S.C. 5312,and.
(b) One parent who has remarried. If there is only one parent and the parent has remarried and is living with the parent's spouse, DIC shall be paid under paragraph (a) or paragraph (d) of this section, whichever shall result in the greater benefit being paid to the veteran's parent. In the case of remarriage, the total combined annual income of the parent and the parent's spouse shall be counted in determining the monthly rate of DIC.
(c) Two parents not living together. The rate computation method in this paragraph applies to:
(1) Two parents who are not living together, or
(2) An unremarried parent when both parents are living and the other parent has remarried.
The monthly rate of DIC paid to such parent shall be the rate specified in 38 U.S.C. 1315(c)(1), as increased from time to time under 38 U.S.C. 5312,reduced.08 for each dollar of such parent's countable annual income in excess of $800, except that no payments of DIC may be made under this paragraph if such parent's countable annual income exceeds the amount specified in 38 U.S.C. 1315(c)(3), as increased from time to time under 38 U.S.C. 5312,and. Each time there is a rate increase under 38 U.S.C. 5312,the,as,for. The results of this computation method shall be published in schedular format in the “Notices” section of the Federal Register as provided in paragraph (f) of this section.
(d) Two parents living together or remarried parents living with spouse. The rate computation method in this paragraph applies to each parent living with another parent and to each remarried parent when both parents are alive. The monthly rate of DIC paid to such parents shall be the rate specified in 38 U.S.C. 1315(d)(1), as increased from time to time under 38 U.S.C. 5312,reduced.08 for each dollar of such parent's and spouse's combined countable annual income in excess of $1,000 except that no payments of DIC to a parent under this paragraph may be less than $5 monthly. Each time there is a rate increase under 38 U.S.C. 5312,the,as,for. The results of this computation method shall be published in schedular format in the “Notices” section of the Federal Register as provided in paragraph (f) of this section.
(e) Aid and attendance. The monthly rate of DIC payable to a parent under this section shall be increased by the amount specified in 38 U.S.C. 1315(g), as increased from time to time under 38 U.S.C. 5312,if,or,or.
(f) Rate publication. Each time there is an increase under 38 U.S.C. 5312,the.
(Authority: 38 U.S.C. 501)
[52 FR 34907, Sept. 14, 1987, as amended at 61 FR 20727, May 8, 1996]