
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 107-94 Section 6(a)]
[CITE: 38USC1313]

 
                      TITLE 38--VETERANS' BENEFITS
 
                        PART II--GENERAL BENEFITS
 
CHAPTER 13--DEPENDENCY AND INDEMNITY COMPENSATION FOR SERVICE-CONNECTED 
                                 DEATHS
 
          SUBCHAPTER II--DEPENDENCY AND INDEMNITY COMPENSATION
 
Sec. 1313. Dependency and indemnity compensation to children

    (a) Whenever there is no surviving spouse of a deceased veteran 
entitled to dependency and indemnity compensation, dependency and 
indemnity compensation shall be paid in equal shares to the children of 
the deceased veteran at the following monthly rates:
        (1) one child, $373;
        (2) two children, $538;
        (3) three children, $699; and
        (4) more than three children, $699, plus $136 for each child in 
    excess of three.

    (b) If dependency and indemnity compensation has been awarded under 
this section to a veteran's child or children and the entitlement to 
dependency and indemnity compensation under this section of an 
additional child of that veteran who is over the age of eighteen years 
and who had previously been entitled to dependency and indemnity 
compensation under this section before becoming eighteen years of age is 
later reestablished effective retroactively upon determination that such 
child is pursuing a course of instruction at an approved educational 
institution, the amount payable retroactively to the additional child is 
the amount equal to the difference between the total of the increased 
award payable under this section to the children of the deceased veteran 
for the retroactive period and the prior total award for such purpose 
for that period.

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1128, Sec. 413; Pub. L. 88-21, 
Sec. 2, May 15, 1963, 77 Stat. 17; Pub. L. 89-730, Sec. 4, Nov. 2, 1966, 
80 Stat. 1159; Pub. L. 91-262, Sec. 2, May 21, 1970, 84 Stat. 256; Pub. 
L. 92-197, Sec. 2, Dec. 15, 1971, 85 Stat. 660; Pub. L. 93-295, title 
II, Sec. 202, May 31, 1974, 88 Stat. 182; Pub. L. 94-71, title II, 
Sec. 202, Aug. 5, 1975, 89 Stat. 397; Pub. L. 94-433, title II, 
Sec. 202, Sept. 30, 1976, 90 Stat. 1376; Pub. L. 95-117, title II, 
Sec. 202, Oct. 3, 1977, 91 Stat. 1065; Pub. L. 95-479, title II, 
Sec. 202, Oct. 18, 1978, 92 Stat. 1563; Pub. L. 96-128, title II, 
Sec. 202, Nov. 28, 1979, 93 Stat. 985; Pub. L. 96-385, title II, 
Sec. 202, Oct. 7, 1980, 94 Stat. 1530; Pub. L. 97-66, title II, 
Secs. 202, 204(a), Oct. 17, 1981, 95 Stat. 1029; Pub. L. 97-253, title 
IV, Sec. 405(f), Sept. 8, 1982, 96 Stat. 804; Pub. L. 97-306, title I, 
Secs. 105, 107, Oct. 14, 1982, 96 Stat. 1431; Pub. L. 98-223, title I, 
Sec. 105, Mar. 2, 1984, 98 Stat. 39; Pub. L. 98-543, title I, Sec. 105, 
Oct. 24, 1984, 98 Stat. 2737; Pub. L. 99-238, title I, Sec. 105, Jan. 
13, 1986, 99 Stat. 1767; Pub. L. 99-576, title I, Sec. 105, title VII, 
Sec. 703(a)(1), Oct. 28, 1986, 100 Stat. 3252, 3302; Pub. L. 100-227, 
title I, Sec. 105, Dec. 31, 1987, 101 Stat. 1554; Pub. L. 100-687, div. 
B, title XI, Sec. 1105(a), Nov. 18, 1988, 102 Stat. 4124; Pub. L. 101-
237, title I, Sec. 105(a), Dec. 18, 1989, 103 Stat. 2064; Pub. L. 102-3, 
Sec. 6(a), Feb. 6, 1991, 105 Stat. 9; renumbered Sec. 1313, Pub. L. 102-
83, Sec. 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102-152, Sec. 6(a), 
Nov. 12, 1991, 105 Stat. 987; Pub. L. 103-78, Sec. 5(a), Aug. 13, 1993, 
107 Stat. 768; Pub. L. 103-140, Sec. 6(a), Nov. 11, 1993, 107 Stat. 
1487; Pub. L. 105-98, Sec. 6(a), Nov. 19, 1997, 111 Stat. 2157; Pub. L. 
106-118, Sec. 6(a), Nov. 30, 1999, 113 Stat. 1603.)

                          Codification

    Amendments by section 105 of Pub. L. 99-576, section 105 of Pub. L. 
99-238, and section 105 of Pub. L. 98-223, which directed that cls. (1) 
to (4) of this section be amended, were executed by amending subsec. (a) 
of this section, as the probable intent of Congress, in view of subsec. 
(a) containing cls. (1) to (4).


                               Amendments

    1999--Subsec. (a)(1). Pub. L. 106-118, Sec. 6(a)(1), substituted 
``$373'' for ``$361''.
    Subsec. (a)(2). Pub. L. 106-118, Sec. 6(a)(2), substituted ``$538'' 
for ``$520''.
    Subsec. (a)(3). Pub. L. 106-118, Sec. 6(a)(3), substituted ``$699'' 
for ``$675''.
    Subsec. (a)(4). Pub. L. 106-118, Sec. 6(a)(4), substituted ``$699'' 
and ``$136'' for ``$675'' and ``$132'', respectively.
    1997--Subsec. (a)(1). Pub. L. 105-98, Sec. 6(a)(1), substituted 
``$361'' for ``$327''.
    Subsec. (a)(2). Pub. L. 105-98, Sec. 6(a)(2), substituted ``$520'' 
for ``$471''.
    Subsec. (a)(3). Pub. L. 105-98, Sec. 6(a)(3), substituted ``$675'' 
for ``$610''.
    Subsec. (a)(4). Pub. L. 105-98, Sec. 6(a)(4), substituted ``$675'' 
and ``$132'' for ``$610'' and ``$120'', respectively.
    1993--Subsec. (a)(1). Pub. L. 103-140, Sec. 6(a)(1), substituted 
``$327'' for ``$319''.
    Pub. L. 103-78, Sec. 5(a)(1), substituted ``$319'' for ``$310''.
    Subsec. (a)(2). Pub. L. 103-140, Sec. 6(a)(2), substituted ``$471'' 
for ``$460''.
    Pub. L. 103-78, Sec. 5(a)(2), substituted ``$460'' for ``$447''.
    Subsec. (a)(3). Pub. L. 103-140, Sec. 6(a)(3), substituted ``$610'' 
for ``$595''.
    Pub. L. 103-78, Sec. 5(a)(3), substituted ``$595'' for ``$578''.
    Subsec. (a)(4). Pub. L. 103-140, Sec. 6(a)(4), substituted ``$610'' 
for ``$595'' and ``$120'' for ``$117''.
    Pub. L. 103-78, Sec. 5(a)(4), substituted ``$595'' for ``$578'' and 
``$117'' for ``$114''.
    1991--Pub. L. 102-83 renumbered section 413 of this title as this 
section.
    Subsec. (a)(1). Pub. L. 102-152, Sec. 6(a)(1), substituted ``$310'' 
for ``$299''.
    Pub. L. 102-3, Sec. 6(a)(1), substituted ``$299'' for ``$284''.
    Subsec. (a)(2). Pub. L. 102-152, Sec. 6(a)(2), substituted ``$447'' 
for ``$431''.
    Pub. L. 102-3, Sec. 6(a)(2), substituted ``$431'' for ``$409''.
    Subsec. (a)(3). Pub. L. 102-152, Sec. 6(a)(3), substituted ``$578'' 
for ``$557''.
    Pub. L. 102-3, Sec. 6(a)(3), substituted ``$557'' for ``$529''.
    Subsec. (a)(4). Pub. L. 102-152, Sec. 6(a)(4), substituted ``$578'' 
for ``$557'' and ``$114'' for ``$110''.
    Pub. L. 102-3, Sec. 6(a)(4), substituted ``$557'' for ``$529'' and 
``$110'' for ``$105''.
    1989--Subsec. (a)(1). Pub. L. 101-237, Sec. 105(a)(1), substituted 
``$284'' for ``$271''.
    Subsec. (a)(2). Pub. L. 101-237, Sec. 105(a)(2), substituted 
``$409'' for ``$391''.
    Subsec. (a)(3). Pub. L. 101-237, Sec. 105(a)(3), substituted 
``$529'' for ``$505''.
    Subsec. (a)(4). Pub. L. 101-237, Sec. 105(a)(4), substituted 
``$529'' and ``$105'' for ``$505'' and ``$100'', respectively.
    1988--Subsec. (a)(1). Pub. L. 100-687, Sec. 1105(a)(1), substituted 
``$271'' for ``$261''.
    Subsec. (a)(2). Pub. L. 100-687, Sec. 1105(a)(2), substituted 
``$391'' for ``$376''.
    Subsec. (a)(3). Pub. L. 100-687, Sec. 1105(a)(3), substituted 
``$505'' for ``$486''.
    Subsec. (a)(4). Pub. L. 100-687, Sec. 1105(a)(4), substituted 
``$505'' and ``$100'' for ``$486'' and ``$97'', respectively.
    1987--Subsec. (a)(1). Pub. L. 100-227, Sec. 105(1), substituted 
``$261'' for ``$251''.
    Subsec. (a)(2). Pub. L. 100-227, Sec. 105(2), substituted ``$376'' 
for ``$361''.
    Subsec. (a)(3). Pub. L. 100-227, Sec. 105(3), substituted ``$486'' 
for ``$467''.
    Subsec. (a)(4). Pub. L. 100-227, Sec. 105(4), substituted ``$486'' 
and ``$97'' for ``$467'' and ``$94'', respectively.
    1986--Subsec. (a). Pub. L. 99-576, Sec. 703(a)(1), amended directory 
language of Pub. L. 98-543, Sec. 105. See 1984 Amendment notes below.
    Subsec. (a)(1). Pub. L. 99-576, Sec. 105(1), substituted ``$251'' 
for ``$247''.
    Pub. L. 99-238, Sec. 105(1), substituted ``$247'' for ``$240''.
    Subsec. (a)(2). Pub. L. 99-576, Sec. 105(2), substituted ``$361'' 
for ``$356''.
    Pub. L. 99-238, Sec. 105(2), substituted ``$356'' for ``$345''.
    Subsec. (a)(3). Pub. L. 99-576, Sec. 105(3), substituted ``$467'' 
for ``$460''.
    Pub. L. 99-238, Sec. 105(3), substituted ``$460'' for ``$446''.
    Subsec. (a)(4). Pub. L. 99-576, Sec. 105(4), substituted ``$467'' 
and ``$94'' for ``$460'' and ``$93'', respectively.
    Pub. L. 99-238, Sec. 105(4), substituted ``$460'' and ``$93'' for 
``$446'' and ``$90'', respectively.
    1984--Subsec. (a)(1). Pub. L. 98-543, Sec. 105(1), as amended by 
Pub. L. 99-576, Sec. 703(a), substituted ``$240'' for ``$233''.
    Pub. L. 98-223, Sec. 105(1), substituted ``$233'' for ``$225''.
    Subsec. (a)(2). Pub. L. 98-543, Sec. 105(2), as amended by Pub. L. 
99-576, Sec. 703(a), substituted ``$345'' for ``$334''.
    Pub. L. 98-223, Sec. 105(2), substituted ``$334'' for ``$323''.
    Subsec. (a)(3). Pub. L. 98-543, Sec. 105(3), as amended by Pub. L. 
99-576, Sec. 703(a), substituted ``$446'' for ``$432''.
    Pub. L. 98-223, Sec. 105(3), substituted ``$432'' for ``$417''.
    Subsec. (a)(4). Pub. L. 98-543, Sec. 105(4), as amended by Pub. L. 
99-576, Sec. 703(a), substituted ``$446'' and ``$90'' for ``$432'' and 
``$87'', respectively.
    Pub. L. 98-223, Sec. 105(4), substituted ``$432'' and ``$87'' for 
``$417'' and ``$84'', respectively.
    1982--Subsec. (a)(1). Pub. L. 97-306, Secs. 105(1), 107, 108, 
substituted ``$225'' for ``$210'', and repealed amendment made by Pub. 
L. 97-253, Sec. 405(f)(1), eff. Oct. 1, 1982.
    Pub. L. 97-253, Sec. 405(f)(1), (h), eff. Jan. 1, 1983, substituted 
``$209'' for ``$210''.
    Subsec. (a)(2). Pub. L. 97-306, Secs. 105(2), 107, 108, substituted 
``$323'' for ``$301'', and repealed amendment made by Pub. L. 97-253, 
Sec. 405(f)(2), eff. Oct. 1, 1982.
    Pub. L. 97-253, Sec. 405(f)(2), (h), eff. Jan. 1, 1983, substituted 
``$300'' for ``$301''.
    Subsec. (a)(3). Pub. L. 97-306, Secs. 105(3), 107, 108, substituted 
``$417'' for ``$389'', and repealed amendment made by Pub. L. 97-253, 
Sec. 405(f)(3), eff. Oct. 1, 1982.
    Pub. L. 97-253, Sec. 405(f)(3), (h), eff. Jan. 1, 1983, substituted 
``$388'' for ``$389''.
    Subsec. (a)(4). Pub. L. 97-306, Secs. 105(4), 107, 108, substituted 
``$417, plus $84'' for ``$389, plus $79'', and repealed amendments made 
by Pub. L. 97-253, Sec. 405(f)(4), eff. Oct. 1, 1982.
    Pub. L. 97-253, Sec. 405(f)(4), (h), eff. Jan. 1, 1983, substituted 
``$388, plus $78'' for ``$389, plus $79''.
    1981--Pub. L. 97-66, Secs. 202, 204(a), designated existing 
provisions as subsec. (a) and, in subsec. (a) as so designated, 
substituted ``$210'', ``$301'', ``$389'', and ``$79'' for ``$189'', 
``$271'', ``$350'', and ``$71'', respectively, in pars. (1), (2), (3), 
and (4).
    Subsec. (b). Pub. L. 97-66, Sec. 204(a), added subsec. (b).
    1980--Pub. L. 96-385 substituted ``$189'', ``$271'', ``$350'', 
``$350'' and ``$71'' for ``$165'', ``$237'', ``$306'', ``$306'' and 
``$62'', respectively, in pars. (1), (2), (3), and (4).
    1979--Pub. L. 96-128 substituted ``$165'', ``$237'', ``$306'', 
``$306'' and ``$62'' for ``$150'', ``$216'', ``$278'', ``278'' and 
``$56'', in pars. (1), (2), (3), and (4), respectively.
    1978--Pub. L. 95-479 substituted ``$150'', ``$216'', ``$278'', 
``$278'' and ``$56'' for ``$140'', ``$201'', ``$259'', ``$259'' and 
``$52'', in pars. (1), (2), (3), and (4), respectively.
    1977--Pub. L. 95-117 substituted ``$140'', ``$201'', ``$259'', 
``$259'', and ``$52'' for ``$131'', ``$189'', ``$243'', ``$243'', and 
``$49'', in pars. (1), (2), (3), and (4), respectively.
    1976--Pub. L. 94-433 substituted ``surviving spouse'' for ``widow'' 
in introductory text and $131, $189, $243, $243, and $49 for $121, $175, 
$225, $225, and $45 in pars. (1), (2), (3), and (4), respectively.
    1975--Pub. L. 94-71 substituted $121, $175, $225, $225 and $45 for 
$108, $156, $201, $201 and $40 in pars. (1), (2), (3) and (4), 
respectively.
    1974--Pub. L. 93-295 substituted ``$108'', ``$156'', ``$201'', 
``$201'', and ``$40'' for ``$92'', ``$133'', ``$172'', ``$172'', and 
``$34'', in pars. (1), (2), (3), and (4), respectively.
    1971--Pub. L. 92-197 substituted ``$92'', ``$133'', ``$172'', and 
``$172'' and ``$34'' for ``$88'', ``$127'', ``$164'' and ``164'' and 
``$32'', in pars. (1), (2), (3), and (4). respectively.
    1970--Pub. L. 91-262 substituted ``$88'', ``$127'', ``$164'', and 
``$164'' and ``$32'', for ``$80'', ``$115'', ``$149'', and ``$149'' and 
``$29'', in pars. (1), (2), (3), and (4), respectively.
    1966--Pub. L. 89-730 substituted ``$80'', ``$115'', ``$149'', and 
``$29'', for ``$77'', ``$110'', ``$143'', and ``$143'' and ``$28'', in 
pars. (1), (2), (3), and (4), respectively.
    1963--Pub. L. 88-21 substituted ``$77'', ``$110'', ``$143'' and 
``28'' for ``$70'', ``$100'', ``$130'' and ``$25'', in pars. (1), (2), 
(3), and (4), respectively.


                    Effective Date of 1999 Amendment

    Amendment by Pub. L. 106-118 effective Dec. 1, 1999, see section 7 
of Pub. L. 106-118, set out as a note under section 1114 of this title.


                    Effective Date of 1997 Amendment

    Amendment by Pub. L. 105-98 effective Dec. 1, 1997, see section 7 of 
Pub. L. 105-98, set out as a note under section 1114 of this title.


                    Effective Date of 1993 Amendment

    Amendment by Pub. L. 103-140 effective Dec. 1, 1993, see section 7 
of Pub. L. 103-140, set out as a note under section 1114 of this title.


                    Effective Date of 1991 Amendments

    Amendment by Pub. L. 102-152 effective Dec. 1, 1991, see section 7 
of Pub. L. 102-152, set out as a note under section 1114 of this title.
    Amendment by Pub. L. 102-3 effective Jan. 1, 1991, see section 7 of 
Pub. L. 102-3, set out as a note under section 1114 of this title.


                    Effective Date of 1989 Amendment

    Amendment by Pub. L. 101-237 effective Dec. 1, 1989, see section 106 
of Pub. L. 101-237, set out as a note under section 1114 of this title.


                    Effective Date of 1988 Amendment

    Amendment by Pub. L. 100-687 effective Dec. 1, 1988, see section 
1106 of Pub. L. 100-687, set out as a note under section 1114 of this 
title.


                    Effective Date of 1987 Amendment

    Amendment by Pub. L. 100-227 effective Dec. 1, 1987, see section 107 
of Pub. L. 100-227, set out as a note under section 1114 of this title.


                    Effective Date of 1986 Amendments

    Amendment by Pub. L. 99-576 effective Dec. 1, 1986, but not 
effective unless benefit amounts payable under section 401 et seq. of 
Title 42, The Public Health and Welfare, are increased effective Dec. 1, 
1986, as a result of a determination under section 415(i) of Title 42, 
see section 107 of Pub. L. 99-576, set out as a note under section 1114 
of this title.
    Section 703(c) of Pub. L. 99-576 provided that: ``The amendments 
made by this section [amending this section and sections 524 and 525 
[now 1524 and 1525] of this title and amending provisions set out as a 
note under section 1163 of this title] shall take effect as if included 
in the Veterans' Benefits Improvement Act of 1984 (Public Law 98-543).''
    Amendment by Pub. L. 99-238 effective Dec. 1, 1985, see section 107 
of Pub. L. 99-238, set out as a note under section 1114 of this title.


                    Effective Date of 1984 Amendments

    Amendment by Pub. L. 98-543 effective Dec. 1, 1984, see section 107 
of Pub. L. 98-543, set out as a note under section 1114 of this title.
    Amendment by Pub. L. 98-223 effective Apr. 1, 1984, see section 107 
of Pub. L. 98-223, set out as a note under section 1114 of this title.


                    Effective Date of 1982 Amendment

    Amendment by Pub. L. 97-306 effective Oct. 1, 1982, see section 108 
of Pub. L. 97-306, set out as a note under section 1114 of this title.


                    Effective Date of 1981 Amendment

    Amendment by Pub. L. 97-66 effective Oct. 1, 1981, see section 
701(a) of Pub. L. 97-66, set out as a note under section 1114 of this 
title.


                    Effective Date of 1980 Amendment

    Amendment by Pub. L. 96-385 applicable only to payments for months 
beginning after Sept. 30, 1980, see section 601(a) of Pub. L. 96-385, 
set out as a note under section 1114 of this title.


                    Effective Date of 1979 Amendment

    Amendment by Pub. L. 96-128 effective Oct. 1, 1979, see section 
601(a)(1) of Pub. L. 96-128, set out as a note under section 1114 of 
this title.


                    Effective Date of 1978 Amendment

    Amendment by Pub. L. 95-479 effective Oct. 1, 1978, see section 
401(a) of Pub. L. 95-479, set out as a note under section 1114 of this 
title.


                    Effective Date of 1977 Amendment

    Amendment by Pub. L. 95-117 effective Oct. 1, 1977, see section 501 
of Pub. L. 95-117, set out as a note under section 1114 of this title.


                    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.


                    Effective Date of 1975 Amendment

    Amendment by Pub. L. 94-71 effective Aug. 1, 1975, see section 301 
of Pub. L. 94-71, set out as a note under section 1114 of this title.


                    Effective Date of 1974 Amendment

    Amendment by Pub. L. 93-295 effective May 1, 1974, see section 401 
of Pub. L. 93-295, set out as a note under section 1114 of this title.


                    Effective Date of 1971 Amendment

    Amendment by Pub. L. 92-197 effective Jan. 1, 1972, see section 10 
of Pub. L. 92-197, set out as a note under section 1311 of this title.


                    Effective Date of 1970 Amendment

    Section 4 of Pub. L. 91-262 provided that: ``The amendments made by 
sections 2 and 3 of this Act [amending this section and section 414 [now 
1314] of this title] shall become effective on the first day of the 
second calendar month following the month in which this Act is enacted 
[May 1970].''


                    Effective Date of 1966 Amendment

    Amendment by Pub. L. 89-730 effective first day of second calendar 
month following Nov. 2, 1966, see section 7(a) of Pub. L. 89-730, set 
out as a note under section 1315 of this title.


                    Effective Date of 1963 Amendment

    Amendment by Pub. L. 88-21 effective first day of second calendar 
month beginning after May 15, 1963, see section 5 of Pub. L. 88-21, set 
out as a note under section 1311 of this title.


                                 Repeal

    Section 405(f) of Pub. L. 97-253, cited as a credit to this section, 
was repealed by Pub. L. 97-306, Secs. 107, 108, Oct. 14, 1982, 96 Stat. 
1431, 1432, eff. Oct. 1, 1982.


 Disability Compensation and Dependency and Indemnity Compensation Rate 
                                Increases

    For increases in rates and limitations on Department of Veterans 
Affairs disability compensation and dependency and indemnity 
compensation, see notes set out under section 1114 of this title.

                  Section Referred to in Other Sections

    This section is referred to in title 10 section 1059.
