PRIA, Government Policy, Made Personal

Summary

The Secretary must pay monthly Social Security–type benefits to a veteran’s survivors when the veteran died after December 31, 1956, was not “fully and currently insured” (a Social Security status) at death, and the death happened while on active duty, active duty for training, inactive duty training, or was caused by a service-connected disability incurred after September 15, 1940. The survivors must not already be getting Social Security on the veteran’s record but would be eligible if the veteran had been fully and currently insured. The payment equals the amount the survivor would have received under title II of the Social Security Act if the veteran had been fully and currently insured and the survivor applied the same day the VA application is filed. If a surviving spouse with children is paid dependency and indemnity compensation (DIC) that is less than the pension amount that would be payable under chapter 15 in the same situation, the Secretary must raise the DIC to match that pension amount.

Title 38, §1312

Veterans' Benefits, Source: USLM XML via OLRC

(a)In the case of any veteran—

(1)who dies after December 31, 1956, and is not a fully and currently insured individual (as defined in section 214 of the Social Security Act (42 U.S.C. 414)) at the time of such veteran’s death; and

(2)whose death occurs—

(A)while on active duty, active duty for training, or inactive duty training; or

(B)as the result of a service-connected disability incurred after September 15, 1940; and

(3)who leaves one or more survivors who are not entitled for any month to monthly benefits under section 202 of the Social Security Act (42 U.S.C. 402) on the basis of such veteran’s wages and self-employment income but who would, upon application therefor, be entitled to such benefits if such veteran had been fully and currently insured at the time of such veteran’s death;

the Secretary shall pay for such month benefits under this section to each such survivor in an amount equal to the amount of the benefits which would have been paid for such month to such survivor under title II of the Social Security Act (42 U.S.C. 401 et seq.), if such veteran had been both fully and currently insured at the time of such veteran’s death and if such survivor had filed application therefor on the same date on which application for benefits under this section is filed with the Secretary.

(b)In any case where the amount of dependency and indemnity compensation payable under this chapter to a surviving spouse who has children is less than the amount of pension which would be payable to (1) such surviving spouse, or (2) such children if the surviving spouse were not entitled, under chapter 15 of this title had the death occurred under circumstances authorizing payment of death pension, the Secretary shall pay dependency and indemnity compensation to such surviving spouse in an amount equal to such amount of pension.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Social Security Act, referred to in subsec. (a), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title II of the Social Security Act is classified generally to subchapter II (§ 401 et seq.) of chapter 7 of Title 42, The Public Health and Welfare. section 214 and 202 of the Social Security Act are classified to section 414 and 402 of Title 42, respectively. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.

Amendments

1991—Pub. L. 102–83, § 5(a), renumbered section 412 of this title as this section. Subsec. (a). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in two places in concluding provisions. Pub. L. 102–54 substituted “401” for “201” in concluding provisions. Subsec. (b). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”. 1984—Subsec. (a). Pub. L. 98–223, § 213(2), substituted “section 214 of the Social Security Act (42 U.S.C. 414)” for “section 414 of title 42” in par. (1), “section 202 of the Social Security Act (42 U.S.C. 402)” for “section 402 of title 42” in par. (3), and “title II of the Social Security Act (42 U.S.C. 201 et seq.)” for “subchapter II of chapter 7 of title 42” in provision following par. (3). 1976—Subsec. (a). Pub. L. 94–433 substituted “such veteran’s” for “his” in cls. (1) and (3) and in text following cl. (3) and “such veteran” for “he” in cl. (3). Subsec. (b). Pub. L. 94–433 substituted “surviving spouse” for “widow” wherever appearing. 1966—Pub. L. 89–466 inserted “to a widow who has children”, “to (1) such widow, or (2) such children if the widow were not entitled”, and “such widow”. 1961—Pub. L. 87–268 designated existing provisions as subsec. (a) and added subsec. (b).

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 Amendment Pub. L. 87–268, § 3, Sept. 21, 1961, 75 Stat. 566, provided that: “The

Amendments

made by this Act [amending this section and section 107, 411 [now 1311], 415 [now 1315], 422 [now 1322], and 503 [now 1503] of this title and enacting provisions set out as notes under this section] shall take effect as of the first day of the first calendar month which begins after the date of its enactment [Sept. 21, 1961].” Filing of Application for Benefits Pub. L. 87–268, § 2, Sept. 21, 1961, 75 Stat. 566, provided that the increased pension benefits authorized by Pub. L. 87–268 were to be payable from the

Effective Date

of Pub. L. 87–268 to anyone receiving dependency and indemnity compensation on such date only if the application for such increased benefits were filed with the Veterans’ Administration within one year from such date and evidence of entitlement were of record or received within one year from the date of request therefor.

§1312 Benefits in Certain Cases of In-service or Service-connected Deaths

Summary

Title 38, §1312

Notes & Related Subsidiaries

Editorial Notes

References in Text

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Amendments

Effective Date

Citations & Metadata