
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(b)]
[CITE: 38USC1314]

 
                      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. 1314. Supplemental dependency and indemnity compensation to 
        children
        
    (a) In the case of a child entitled to dependency and indemnity 
compensation who has attained the age of eighteen and who, while under 
such age, became permanently incapable of self-support, the dependency 
and indemnity compensation paid monthly to such child shall be increased 
by $222.
    (b) If dependency and indemnity compensation is payable monthly to a 
person as a surviving spouse and there is a child (of such person's 
deceased spouse) who has attained the age of eighteen and who, while 
under such age, became permanently incapable of self-support, dependency 
and indemnity compensation shall be paid monthly to each such child, 
concurrently with the payment of dependency and indemnity compensation 
to the surviving spouse, in the amount of $373.
    (c) If dependency and indemnity compensation is payable monthly to a 
person as a surviving spouse and there is a child (of such person's 
deceased spouse), who has attained the age of eighteen and who, while 
under the age of twenty-three, is pursuing a course of instruction at an 
educational institution approved under section 104 of this title, 
dependency and indemnity compensation shall be paid monthly to each such 
child, concurrently with the payment of dependency and indemnity 
compensation to the surviving spouse, in the amount of $188.

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1128, Sec. 414; Pub. L. 88-21, 
Sec. 3, May 15, 1963, 77 Stat. 17; Pub. L. 89-311, Sec. 2(c)(2), Oct. 
31, 1965, 79 Stat. 1155; Pub. L. 89-730, Sec. 5, Nov. 2, 1966, 80 Stat. 
1159; Pub. L. 91-262, Sec. 3, May 21, 1970, 84 Stat. 256; Pub. L. 92-
197, Sec. 3, Dec. 15, 1971, 85 Stat. 661; Pub. L. 93-295, title II, 
Sec. 203, May 31, 1974, 88 Stat. 183; Pub. L. 94-71, title II, Sec. 203, 
Aug. 5, 1975, 89 Stat. 397; Pub. L. 94-433, title II, Sec. 203, title 
IV, Sec. 405(10), Sept. 30, 1976, 90 Stat. 1376, 1380; Pub. L. 95-117, 
title II, Sec. 203, Oct. 3, 1977, 91 Stat. 1065; Pub. L. 95-479, title 
II, Sec. 203, Oct. 18, 1978, 92 Stat. 1563; Pub. L. 96-128, title II, 
Sec. 203, Nov. 28, 1979, 93 Stat. 985; Pub. L. 96-385, title II, 
Sec. 203, Oct. 7, 1980, 94 Stat. 1530; Pub. L. 97-66, title II, 
Sec. 203, Oct. 17, 1981, 95 Stat. 1029; Pub. L. 97-253, title IV, 
Sec. 405(g), Sept. 8, 1982, 96 Stat. 804; Pub. L. 97-306, title I, 
Secs. 106, 107, Oct. 14, 1982, 96 Stat. 1431; Pub. L. 98-223, title I, 
Sec. 106, Mar. 2, 1984, 98 Stat. 39; Pub. L. 98-543, title I, Sec. 106, 
Oct. 24, 1984, 98 Stat. 2737; Pub. L. 99-238, title I, Sec. 106, Jan. 
13, 1986, 99 Stat. 1767; Pub. L. 99-576, title I, Sec. 106, Oct. 28, 
1986, 100 Stat. 3252; Pub. L. 100-227, title I, Sec. 106, Dec. 31, 1987, 
101 Stat. 1555; Pub. L. 100-687, div. B, title XI, Sec. 1105(b), Nov. 
18, 1988, 102 Stat. 4124; Pub. L. 101-237, title I, Sec. 105(b), Dec. 
18, 1989, 103 Stat. 2064; Pub. L. 102-3, Sec. 6(b), Feb. 6, 1991, 105 
Stat. 9; renumbered Sec. 1314, Pub. L. 102-83, Sec. 5(a), Aug. 6, 1991, 
105 Stat. 406; Pub. L. 102-152, Sec. 6(b), Nov. 12, 1991, 105 Stat. 987; 
Pub. L. 103-78, Sec. 5(b), Aug. 13, 1993, 107 Stat. 769; Pub. L. 103-
140, Sec. 6(b), Nov. 11, 1993, 107 Stat. 1487; Pub. L. 105-98, 
Sec. 6(b), Nov. 19, 1997, 111 Stat. 2157; Pub. L. 106-118, Sec. 6(b), 
Nov. 30, 1999, 113 Stat. 1603.)


                               Amendments

    1999--Subsec. (a). Pub. L. 106-118, Sec. 6(b)(1), substituted 
``$222'' for ``$215''.
    Subsec. (b). Pub. L. 106-118, Sec. 6(b)(2), substituted ``$373'' for 
``$361''.
    Subsec. (c). Pub. L. 106-118, Sec. 6(b)(3), substituted ``$188'' for 
``$182''.
    1997--Subsec. (a). Pub. L. 105-98, Sec. 6(b)(1), substituted 
``$215'' for ``$195''.
    Subsec. (b). Pub. L. 105-98, Sec. 6(b)(2), substituted ``$361'' for 
``$327''.
    Subsec. (c). Pub. L. 105-98, Sec. 6(b)(3), substituted ``$182'' for 
``$166''.
    1993--Subsec. (a). Pub. L. 103-140, Sec. 6(b)(1), substituted 
``$195'' for ``$191''.
    Pub. L. 103-78, Sec. 5(b)(1), substituted ``$191'' for ``$185''.
    Subsec. (b). Pub. L. 103-140, Sec. 6(b)(2), substituted ``$327'' for 
``$319''.
    Pub. L. 103-78, Sec. 5(b)(2), substituted ``$319'' for ``$310''.
    Subsec. (c). Pub. L. 103-140, Sec. 6(b)(3), substituted ``$166'' for 
``$162''.
    Pub. L. 103-78, Sec. 5(b)(3), substituted ``$162'' for ``$157''.
    1991--Pub. L. 102-83 renumbered section 414 of this title as this 
section.
    Subsec. (a). Pub. L. 102-152, Sec. 6(b)(1), substituted ``$185'' for 
``$178''.
    Pub. L. 102-3, Sec. 6(b)(1), substituted ``$178'' for ``$169''.
    Subsec. (b). Pub. L. 102-152, Sec. 6(b)(2), substituted ``$310'' for 
``$299''.
    Pub. L. 102-3, Sec. 6(b)(2), substituted ``$299'' for ``$284''.
    Subsec. (c). Pub. L. 102-152, Sec. 6(b)(3), substituted ``$157'' for 
``$151''.
    Pub. L. 102-3, Sec. 6(b)(3), substituted ``$151'' for ``$144''.
    1989--Subsec. (a). Pub. L. 101-237, Sec. 105(b)(1), substituted 
``$169'' for ``$161''.
    Subsec. (b). Pub. L. 101-237, Sec. 105(b)(2), substituted ``$284'' 
for ``$271''.
    Subsec. (c). Pub. L. 101-237, Sec. 105(b)(3), substituted ``$144'' 
for ``$138''.
    1988--Subsec. (a). Pub. L. 100-687, Sec. 1105(b)(1), substituted 
``$161'' for ``$155''.
    Subsec. (b). Pub. L. 100-687, Sec. 1105(b)(2), substituted ``$271'' 
for ``$261''.
    Subsec. (c). Pub. L. 100-687, Sec. 1105(b)(3), substituted ``$138'' 
for ``$133''.
    1987--Subsec. (a). Pub. L. 100-227, Sec. 106(1), substituted 
``$155'' for ``$149''.
    Subsec. (b). Pub. L. 100-227, Sec. 106(2), substituted ``$261'' for 
``$251''.
    Subsec. (c). Pub. L. 100-227, Sec. 106(3), substituted ``$133'' for 
``$128''.
    1986--Subsec. (a). Pub. L. 99-576, Sec. 106(1), substituted ``$149'' 
for ``$147''.
    Pub. L. 99-238, Sec. 106(1), substituted ``$147'' for ``$143''.
    Subsec. (b). Pub. L. 99-576, Sec. 106(2), substituted ``$251'' for 
``$247''.
    Pub. L. 99-238, Sec. 106(2), substituted ``$247'' for ``$240''.
    Subsec. (c). Pub. L. 99-576, Sec. 106(3), substituted ``$128'' for 
``$126''.
    Pub. L. 99-238, Sec. 106(3), substituted ``$126'' for ``$122''.
    1984--Subsec. (a). Pub. L. 98-543, Sec. 106(1), substituted ``$143'' 
for ``$139''.
    Pub. L. 98-223, Sec. 106(1), substituted ``$139'' for ``$134''.
    Subsec. (b). Pub. L. 98-543, Sec. 106(2), substituted ``$240'' for 
``$233''.
    Pub. L. 98-223, Sec. 106(2), substituted ``$233'' for ``$225''.
    Subsec. (c). Pub. L. 98-543, Sec. 106(3), substituted ``$122'' for 
``$118''.
    Pub. L. 98-223, Sec. 106(3), substituted ``$118'' for ``$114''.
    1982--Subsec. (a). Pub. L. 97-306, Secs. 106(1), 107, 108, 
substituted ``$134'' for ``$125'', and repealed amendment made by Pub. 
L. 97-253, Sec. 405(g)(1), eff. Oct. 1, 1982.
    Pub. L. 97-253, Sec. 405(g)(1), (h), eff. Jan. 1, 1983, substituted 
``$124'' for ``$125''.
    Subsec. (b). Pub. L. 97-306, Secs. 106(2), 107, 108, substituted 
``$225'' for ``$210'', and repealed amendment made by Pub. L. 97-253, 
Sec. 405(g)(2), eff. Oct. 1, 1982.
    Pub. L. 97-253, Sec. 405(g)(2), (h), eff. Jan. 1, 1983, substituted 
``$209'' for ``$210''.
    Subsec. (c). Pub. L. 97-306, Secs. 106(3), 107, 108, substituted 
``$114'' for ``$107'', and repealed amendment made by Pub. L. 97-253, 
Sec. 405(g)(3), eff. Oct. 1, 1982.
    Pub. L. 97-253, Sec. 405(g)(3), (h), eff. Jan. 1, 1983, substituted 
``$106'' for ``$107''.
    1981--Subsec. (a). Pub. L. 97-66, Sec. 203(1), substituted ``$125'' 
for ``$112''.
    Subsec. (b). Pub. L. 97-66, Sec. 203(2), substituted ``$210'' for 
``$189''.
    Subsec. (c). Pub. L. 97-66, Sec. 203(3), substituted ``$107'' for 
``$96''.
    1980--Subsec. (a). Pub. L. 96-385, Sec. 203(1), substituted ``$112'' 
for ``$98''.
    Subsec. (b). Pub. L. 96-385, Sec. 203(2), substituted ``$189'' for 
``$165''.
    Subsec. (c). Pub. L. 96-385, Sec. 203(3), substituted ``$96'' for 
``$84''.
    1979--Subsec. (a). Pub. L. 96-128, Sec. 203(1), substituted ``$98'' 
for ``$89''.
    Subsec. (b). Pub. L. 96-128, Sec. 203(2), substituted ``$165'' for 
``$150''.
    Subsec. (c). Pub. L. 96-128, Sec. 203(3), substituted ``$84'' for 
``$76''.
    1978--Subsec. (a). Pub. L. 95-479, Sec. 203(1), substituted ``$89'' 
for ``$83''.
    Subsec. (b). Pub. L. 95-479, Sec. 203(2), substituted ``$150'' for 
``$140''.
    Subsec. (c). Pub. L. 95-479, Sec. 203(3), substituted ``$76'' for 
``$71''.
    1977--Subsec. (a). Pub. L. 95-117, Sec. 203(1), substituted ``$83'' 
for ``$78''.
    Subsec. (b). Pub. L. 95-117, Sec. 203(2) substituted ``$140'' for 
``$131''.
    Subsec. (c). Pub. L. 95-117, Sec. 203(3), substituted ``$71'' for 
``$67''.
    1976--Subsec. (a). Pub. L. 94-433, Secs. 203(1), 405(10), 
substituted ``$78'' for ``$72'' and ``such child'' for ``him''.
    Subsec. (b). Pub. L. 94-433, Secs. 203(2), 405(10), substituted 
``$131'' for ``$121'' and ``person'' for ``woman'', ``surviving spouse'' 
for ``widow'' and ``such person's deceased spouse'' for ``her deceased 
husband'' wherever appearing.
    Subsec. (c). Pub. L. 94-433, Secs. 203(3), 405(10), substituted 
``$67'' for ``$62'' and ``person'' for ``woman'', ``surviving spouse'' 
for ``widow'' and ``such person's deceased spouse'' for ``her deceased 
husband'' wherever appearing.
    1975--Subsec. (a). Pub. L. 94-71, Sec. 203(a), substituted ``$72'' 
for ``$64''.
    Subsec. (b). Pub. L. 94-71, Sec. 203(b), substituted ``$121'' for 
``$108''.
    Subsec. (c). Pub. L. 94-71, Sec. 203(c), substituted ``$62'' for 
``$55''.
    1974--Subsec. (a). Pub. L. 93-295, Sec. 203(a), substituted ``$64'' 
for ``55''.
    Subsec. (b). Pub. L. 93-295, Sec. 203(b), substituted ``$108'' for 
``$92''.
    Subsec. (c). Pub. L. 93-295, 203(c), substituted ``$55'' for 
``$47''.
    1971--Subsec. (a). Pub. L. 92-197, Sec. 3(a), substituted ``$55'' 
for ``$32''.
    Subsec. (b). Pub. L. 92-197, Sec. 3(b), substituted ``$92'' for 
``$88''.
    Subsec. (c). Pub. L. 92-197, Sec. 3(c), substituted ``$47'' for 
``$45''.
    1970--Subsec. (a). Pub. L. 91-262, Sec. 3(a), substituted ``$32'' 
for ``$29''.
    Subsec. (b). Pub. L. 91-262, Sec. 3(b), substituted ``$88'' for 
``$80''.
    Subsec. (c). Pub. L. 91-262, Sec. 3(c), substituted ``$45'' for 
``$41''.
    1966--Subsec. (a). Pub. L. 89-730, Sec. 5(1), substituted ``$29'' 
for ``$28''.
    Subsec. (b). Pub. L. 89-730, Sec. 5(2), substituted ``$80'' for 
``$77''.
    Subsec. (c). Pub. L. 89-730, Sec. 5(3), substituted ``41'' for 
``39''.
    1965--Subsec. (c). Pub. L. 89-311 substituted ``twenty-three'' for 
``twenty-one''.
    1963--Subsec. (a). Pub. L. 88-21, Sec. 3(1), substituted ``$28'' for 
``$25''.
    Subsec. (b). Pub. L. 88-21, Sec. 3(2), substituted ``$77'' for 
``$70''.
    Subsec. (c). Pub. L. 88-21, Sec. 3(3), substituted ``$39'' for 
``$35''.


                    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.
    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

    Amendment by Pub. L. 91-262 effective first day of second calendar 
month following May 1970, see section 4 of Pub. L. 91-262, set out as a 
note under section 1313 of this title.


                    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 1965 Amendment

    Amendment by Pub. L. 89-311 effective first day of second calendar 
month following Oct. 31, 1965, see section 9 of Pub. L. 89-311, set out 
as a note under section 1114 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(g) 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 7 section 2012.
