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Title 38 — Veterans' BenefitsRelease 119-73

§1322 Certifications with respect to social security entitlement

Title 38 › Part PART II— - GENERAL BENEFITS › Chapter CHAPTER 13— - DEPENDENCY AND INDEMNITY COMPENSATION FOR SERVICE-CONNECTED DEATHS › Subchapter SUBCHAPTER III— - CERTIFICATIONS › § 1322

Last updated Apr 6, 2026|Official source

Summary

The Commissioner of Social Security must decide whether the survivors described in section 1312(a)(3) would have gotten Social Security monthly benefits under section 202 (42 U.S.C. 402) and how much they would get for any month, assuming the veteran had been fully and currently insured at death. The Commissioner must certify those findings to the Secretary when the Secretary asks. The Secretary must pay the Commissioner for the cost of making those determinations. Payments are based on the Commissioner’s estimates after talking with the Secretary and cover periods they set (not shorter than a calendar quarter). Payments are later adjusted to fix any underpayments or overpayments. Except for the determinations the Commissioner makes, the Secretary must write the rules needed to carry out this section and section 1312(a).

Full Legal Text

Title 38, §1322

Veterans' Benefits — Source: USLM XML via OLRC

(a)Determinations required by section 1312(a) of this title (other than a determination required by section 1312(a)(2) of this title) as to whether any survivor described in section 1312(a)(3) of this title of a deceased individual would be entitled to benefits under section 202 of the Social Security Act (42 U.S.C. 402) for any month and as to the amount of the benefits which would be paid for such month, if the deceased veteran had been a fully and currently insured individual at the time of such veteran’s death, shall be made by the Commissioner of Social Security, and shall be certified by the Commissioner to the Secretary upon request of the Secretary.
(b)The Secretary shall pay to the Commissioner of Social Security an amount equal to the costs which will be incurred in making determinations and certifications under subsection (a). Such payments shall be made with respect to the costs incurred during such period (but not shorter than a calendar quarter) as the Secretary and the Commissioner may prescribe, with the amount of such payments to be made on the basis of estimates made by the Commissioner after consultation with the Secretary. The amount payable for any period shall be increased or reduced to compensate for any underpayment or overpayment, as the case may be, of the costs incurred in any preceding period.
(c)Except with respect to determinations made under subsection (a) of this section, the Secretary shall prescribe such regulations as may be necessary to carry out the provisions of this section and section 1312(a) of this title.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2003—Subsec. (a). Pub. L. 108–183, § 708(c)(1)(A), substituted “Commissioner of Social Security, and shall be certified by the Commissioner to the Secretary upon request of the Secretary.” for “Secretary of Health and Human Services, and shall be certified by such Secretary to the Secretary of Veterans Affairs upon request of the Secretary of Veterans Affairs.” Subsec. (b). Pub. L. 108–183, § 708(c)(1)(B), substituted “Commissioner of Social Security” for “Secretary of Health and Human Services” in first sentence and substituted “the Secretary and the Commissioner” for “the two Secretaries” and “Commissioner” for “Secretary of Health and Human Services” in second sentence. 1991—Pub. L. 102–83, § 5(a), renumbered section 422 of this title as this section. Subsec. (a). Pub. L. 102–83, § 5(c)(1), substituted “1312(a)” for “412(a)”, “1312(a)(2)” for “412(a)(2)”, “1312(a)(3)” for “412(a)(3)”. Pub. L. 102–83, § 4(b)(2)(A)(i), substituted “Secretary of Veterans Affairs” for “Administrator” in two places. Subsec. (b). Pub. L. 102–83, § 4(b)(2)(A)(ii), substituted “The Secretary shall pay to the Secretary of Health and Human Services” for “Upon the basis of estimates made by the Secretary of Health and Human Services after consultation with the Administrator, the Administrator shall pay to the Secretary” and “as the two Secretaries may prescribe, with the amount of such payments to be made on the basis of estimates made by the Secretary of Health and Human Services after consultation with the Secretary” for “as the Secretary and the Administrator may prescribe”. Subsec. (c). Pub. L. 102–83, § 5(c)(1), substituted “1312(a)” for “412(a)”. Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”. 1982—Subsec. (a). Pub. L. 97–295, § 4(12), (95)(A), substituted “section 202 of the Social Security Act (42 U.S.C. 402)” for “section 402 of title 42”, and “Health and Human Services” for “Health, Education, and Welfare”. Subsec. (b). Pub. L. 97–295, § 4(95)(A), substituted “Health and Human Services” for “Health, Education, and Welfare”. 1976—Subsec. (a). Pub. L. 94–433 substituted “such veteran’s” and “such Secretary” for “his” and “him”, respectively. 1961—Subsec. (a). Pub. L. 87–268 § 1(c), substituted “section 412(a)” for “section 412”, “section 412(a)(2)” for “section 412(2)”, and “section 412(a)(3)” for “section 412(3)”. Subsec. (c). Pub. L. 87–268, § 1(b), substituted “section 412(a)” for “section 412”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1976 AmendmentAmendment 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 1961 AmendmentAmendment by Pub. L. 87–268 effective Oct. 1, 1961, see section 3 of Pub. L. 87–268, set out as a note under section 1312 of this title.

Reference

Citations & Metadata

Citation

38 U.S.C. § 1322

Title 38 — Veterans' Benefits

Last Updated

Apr 6, 2026

Release point: 119-73