38 USC 1315 - Dependency and indemnity compensation to parents

U.S Code last checked for updates: Nov 23, 2024

§ 1315.

Dependency and indemnity compensation to parents

(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)

(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.

(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

cite as: 38 USC 1315