
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 38USC1315]

 
                      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. 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 $163, 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 $4,038, 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 $115, 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 $4,038, as increased from time to time 
under section 5312 of this title.
    (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 $109, 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 $5,430, 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 $85, 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) helpless or blind, or so nearly helpless or 
blind as to need or require the regular aid and attendance of another 
person.

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1129, Sec. 415; Pub. L. 87-268, 
Sec. 1(b), Sept. 21, 1961, 75 Stat. 566; Pub. L. 88-21, Sec. 4, May 15, 
1963, 77 Stat. 17; Pub. L. 89-730, Secs. 1, 2, Nov. 2, 1966, 80 Stat. 
1157, 1158; Pub. L. 90-275, Sec. 2, Mar. 28, 1968, 82 Stat. 66; Pub. L. 
91-588, Secs. 2, 8(a), Dec. 24, 1970, 84 Stat. 1582, 1584; Pub. L. 92-
197, Sec. 4, Dec. 15, 1971, 85 Stat. 661; Pub. L. 92-425, Sec. 6(1), 
Sept. 21, 1972, 86 Stat. 713; Pub. L. 93-177, Sec. 4, Dec. 6, 1973, 87 
Stat. 695; Pub. L. 93-527, Sec. 7, Dec. 21, 1974, 88 Stat. 1704; Pub. L. 
94-169, title II, Sec. 201, Dec. 23, 1975, 89 Stat. 1019; Pub. L. 94-
432, title III, Sec. 301, Sept. 30, 1976, 90 Stat. 1371; Pub. L. 95-204, 
title II, Sec. 201, Dec. 2, 1977, 91 Stat. 1457; Pub. L. 95-588, title 
II, Sec. 201, Nov. 4, 1978, 92 Stat. 2505; Pub. L. 96-466, title VI, 
Sec. 605(c)(1), Oct. 17, 1980, 94 Stat. 2211; Pub. L. 97-295, 
Sec. 4(10), Oct. 12, 1982, 96 Stat. 1305; Pub. L. 100-687, div. B, title 
XIV, Sec. 1402(a), Nov. 18, 1988, 102 Stat. 4129; Pub. L. 102-40, title 
IV, Sec. 402(d)(1), May 7, 1991, 105 Stat. 239; renumbered Sec. 1315 and 
amended Pub. L. 102-83, Secs. 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 
1991, 105 Stat. 404-406; Pub. L. 102-86, title I, Sec. 102, Aug. 14, 
1991, 105 Stat. 414; Pub. L. 103-271, Sec. 9(a), July 1, 1994, 108 Stat. 
743; Pub. L. 104-275, title IV, Sec. 405(c)(1), Oct. 9, 1996, 110 Stat. 
3340.)

                       References in Text

    Section 9(b) of the Veterans' Pension Act of 1959, referred to in 
subsec. (f)(1)(C), is section 9(b) of Pub. L. 86-211, Aug. 29, 1959, 73 
Stat. 432, which was set out as a Savings Provisions note under section 
1521 of this title, and was repealed, effective Jan. 1, 1979, by section 
306(b)(1) of Pub. L. 95-588, which is set out as a Savings Provisions 
for Persons Entitled to Pension as of December 31, 1978: Other 
Provisions note under section 1521 of this title.
    The Social Security Act, referred to in subsec. (f)(1)(D), is act 
Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Title II of the Social 
Security Act is classified generally to subchapter II (Sec. 401 et seq.) 
of chapter 7 of Title 42, The Public Health and Welfare. For complete 
classification of this Act to the Code, see section 1305 of Title 42 and 
Tables.


                               Amendments

    1996--Subsec. (f)(1)(F). Pub. L. 104-275 substituted 
``servicemembers' group'' for ``servicemen's group''.
    1994--Subsec. (e). Pub. L. 103-271, in first sentence, substituted 
``may require'' for ``shall require'' and ``for a calendar year'' for 
``each year'' and, in second sentence, substituted ``notify the 
Secretary'' for ``file with the Secretary a revised report'' and struck 
out ``the estimated'' after ``material change in''.
    1991--Pub. L. 102-83, Sec. 5(a), renumbered section 415 of this 
title as this section.
    Subsec. (a). Pub. L. 102-86 amended this section as in effect before 
the redesignations made by Pub. L. 102-83, Sec. 5, by amending subsec. 
(a) generally. Prior to amendment, subsec. (a) read as follows: 
``Dependency and indemnity compensation shall be paid monthly to parents 
of a deceased veteran in the amounts prescribed by this section.''
    Subsec. (b)(1). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted 
``Secretary'' for ``Administrator''.
    Pub. L. 102-40 substituted ``5312(b)(1)'' for ``3112(b)(1)'' and 
``5312(b)(2)'' for ``3112(b)(2)''.
    Subsec. (b)(3). Pub. L. 102-40 substituted ``5312'' for ``3112''.
    Subsec. (c)(1). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted 
``Secretary'' for ``Administrator''.
    Pub. L. 102-40 substituted ``5312(b)(1)'' for ``3112(b)(1)'' and 
``5312(b)(2)'' for ``3112(b)(2)''.
    Subsec. (c)(3). Pub. L. 102-40 substituted ``5312'' for ``3112''.
    Subsec. (d)(1). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted 
``Secretary'' for ``Administrator''.
    Pub. L. 102-40 substituted ``5312(b)(1)'' for ``3112(b)(1)'' and 
``5312(b)(2)'' for ``3112(b)(2)''.
    Subsec. (d)(3). Pub. L. 102-40 substituted ``5312'' for ``3112''.
    Subsec. (e). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted 
``Secretary'' for ``Administrator'' wherever appearing.
    Subsec. (f)(1)(C). Pub. L. 102-83, Sec. 5(c)(1), substituted 
``1312(a)'' for ``412(a)''.
    Subsec. (f)(1)(I), (3). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), 
substituted ``Secretary'' for ``Administrator''.
    Subsec. (g). Pub. L. 102-40 substituted ``5312'' for ``3112''.
    1988--Subsec. (f)(1)(I). Pub. L. 100-687 amended cl. (I) generally. 
Prior to amendment, cl. (I) read as follows: ``proceeds of fire 
insurance policies;''.
    1982--Subsec. (f)(1)(D). Pub. L. 97-295, Sec. 4(10)(A), substituted 
``title II of the Social Security Act (42 U.S.C. 401 et seq.)'' for 
``subchapter II of chapter 7 of title 42''.
    Subsec. (f)(1)(G). Pub. L. 97-295, Sec. 4(10)(B), substituted 
``percent'' for ``per centum''.
    1980--Subsec. (f). Pub. L. 96-466 redesignated subsec. (g) as (f). 
Former subsec. (f), which directed the Administrator, upon ascertaining 
that there had been overpayments to a parent under this section, to 
deduct such overpayments (unless waived) from any future payments made 
to such parent under this section, was struck out.
    Subsecs. (g), (h). Pub. L. 96-466 redesignated subsecs. (g) and (h) 
as (f) and (g), respectively.
    1978--Subsec. (b)(1). Pub. L. 95-588, Sec. 201(a)(1), substituted a 
fixed monthly amount of $163, subject to certain increases and 
deductions, as parental compensation for a formula for computing the 
monthly award under this subsection based upon the annual income of the 
recipient.
    Subsec. (b)(3). Pub. L. 95-588, Sec. 201(a)(2), substituted 
``$4,038, as increased from time to time under section 3112 of this 
title'' for ``$3,770''.
    Subsec. (b)(4). Pub. L. 95-588, Sec. 201(a)(3), struck out 
references to the award computation formula formerly contained in 
subsec. (b)(1) of this section and inserted provision relating to 
election between subsecs. (b)(1) and (d) of this section in order to 
procure the greatest amount of compensation for the recipient.
    Subsec. (c)(1). Pub. L. 95-588, Sec. 201(b)(1), substituted a fixed 
amount of $115 a month as compensation under this subsection for a 
computation formula based upon the annual income of the recipient.
    Subsec. (c)(3). Pub. L. 95-588, Sec. 201(b)(2), substituted 
``$4,038, as increased from time to time under section 3112 of this 
title'' for ``$3,770''.
    Subsec. (d)(1). Pub. L. 95-588, Sec. 201(c)(1), substituted a fixed 
amount of $109 a month as compensation under this subsection for a 
computation formula based upon combined annual income of recipients.
    Subsec. (d)(3). Pub. L. 95-588, Sec. 201(c)(2), substituted 
``$5,430, as increased from time to time under section 3112 of this 
title'' for ``$5,070''.
    Subsec. (h). Pub. L. 95-588, Sec. 201(d), substituted ``$85, as 
increased from time to time under section 3112 of this title'' for 
``$79''.
    1977--Subsec. (b)(1). Pub. L. 95-204, Sec. 201(1), increased monthly 
rate of compensation from $142 to $152, substituted ``.05'' for ``.04'', 
``.06'' for ``.05'', ``.08'' for ``.06'', ``1,500'' for ``1,400'' in two 
places, and ``3,770'' for ``1,600'', and struck out provision reducing 
compensation by .08 for income more than 1,600 but not more than 3,540.
    Subsec. (b)(3). Pub. L. 95-204, Sec. 201(2), substituted ``$3,770'' 
for ``$3,540''.
    Subsec. (c)(1). Pub. L. 95-204, Sec. 201(3), increased monthly rate 
of compensation from $100 to $107, substituted ``.05'' for ``.04'', 
``.06'' for ``.05'', ``2,000'' for ``1,300'' in two places, and 
``3,770'' for ``2,300'', and struck out provision reducing compensation 
by .06 for income more than 2,300 but not more than 3,540.
    Subsec. (c)(3). Pub. L. 95-204, Sec. 201(4), substituted ``$3,770'' 
for ``$3,540''.
    Subsec. (d)(1). Pub. L. 95-204, Sec. 201(5), increased monthly rate 
of compensation from $96 to $102, and substituted ``2,000'' for 
``2,100'' in two places, ``2,900'' for ``3,100'' in two places, 
``3,600'' for ``3,800'' in two places, and ``5,070'' for ``4,760''.
    Subsec. (d)(3). Pub. L. 95-204, Sec. 201(6), substituted ``$5,070'' 
for ``$4,760''.
    Subsec. (h). Pub. L. 95-204, Sec. 201(7), substituted ``$79'' for 
``$74''.
    1976--Subsec. (b)(1). Pub. L. 94-432, Sec. 301(1), increased monthly 
rate of compensation from $133 to $142 and substituted $1,200 to $1,400 
for $1,200 to $1,500, $1,400 to $1,600 for $1,500 to $1,700 and $1,600 
to $3,540 for $1,700 to $3,300.
    Subsec. (b)(3). Pub. L. 94-432, Sec. 301(2), substituted ``$3,540'' 
for ``$3,300''.
    Subsec. (c)(1). Pub. L. 94-432, Sec. 301(3), increased monthly rate 
of compensation from $93 to $100 and substituted $1,100 to $1,300 for 
$1,100 to $1,600, $1,300 to $2,300 for $1,600 to $2,400 and $2,300 to 
$3,540 for $2,400 to $3,300.
    Subsec. (c)(3). Pub. L. 94-432, Sec. 301(4), substituted ``$3,540'' 
for ``$3,300''.
    Subsec. (d)(1). Pub. L. 94-432, Sec. 301(5), increased monthly 
compensation from $90 to $96 and substituted $1,000 to $2,100 for $1,000 
to $2,300, $2,100 to $3,100 for $2,300 to $3,300 and $3,100 to $3,800 
for $3,300 to $4,500, and inserted provision for reduction by $.05 for 
each $1 of total combined annual income which is more than $3,800 but 
not more than $4,760.
    Subsec. (d)(3). Pub. L. 94-432, Sec. 301(6), substituted ``$4,760'' 
for ``$4,500''.
    Subsec. (h). Pub. L. 94-432, Sec. 301(7), substituted ``$74'' for 
``$69''.
    1975--Subsec. (b)(1). Pub. L. 94-169, Sec. 201(2), increased, 
effective for period beginning Jan. 1, 1976, and ending Sept. 30, 1976, 
monthly rate of compensation from $123 to $133, substituted $1000 to 
$1200 for $1000 to $1300, $1200 to $1500 for $1300 to $1600, $1500 to 
$1700 for $1600 to $1800 and $1700 to $3300 for $2000 to $3000, the 
minimum and maximum income ranges for which the compensation rate will 
be reduced by 4, 5, 6 and 8 cents per dollar, respectively, struck out 
the income range of $1800 to $2000 for which the reduction rate is 7 
cents per dollar, increased from $4.00 to $5.00 the minimum payable 
compensation, and increased from $3,000 to $3300 the income in excess of 
which no compensation will be paid.
    Subsec. (b)(2). Pub. L. 94-169, Sec. 201(1), redesignated, effective 
for period beginning Jan. 1, 1976, and ending Sept. 30, 1976, subsec. 
(b)(2) as (b)(4), and in subsec. (b)(4) as so redesignated, substituted 
``such parent has remarried'' for ``he has remarried'', ``with such 
parent's spouse'' for ``with his spouse'', ``paid to such parent'' for 
``paid to him'' and ``parent and such parent's spouse'' for ``parent and 
his spouse''.
    Subsec. (c). Pub. L. 94-169, Sec. 201(3), increased, effective for 
period beginning Jan. 1, 1976, and ending Sept. 30, 1976, monthly rate 
of compensation from $86 to $93, substituted $1100 to $1600 for $1100 to 
$2100, $1600 to $2400 for $2100 to $2500 and $2400 to $3300 for $2500 to 
$3000, the minimum and maximum income ranges for which the compensation 
rate will be reduced 4, 5 and 6 cents, respectively, increased from 
$4.00 to $5.00 the minimum payable compensation, and increased from 
$3000 to $3300 the income in excess of which no compensation will be 
paid.
    Subsec. (d). Pub. L. 94-169, Sec. 201(3), increased, effective for 
period beginning Jan. 1, 1976, and ending Sept. 30, 1976, basic rate of 
monthly compensation from $83 to $90, substituted $1000 to $2300 for 
$1100 to $2500, $2300 to $3300 for $2500 to $3500 and $3300 to $4500 for 
$3500 to $4200 the minimum and maximum income ranges for which the 
compensation rate will be reduced by 2, 3, and 4 cents, respectively, 
struck out the income range of $1000 to $1100 for which the reduction 
rate is 1 cent per dollar, increased from $4.00 to $5.00 the minimum 
payable compensation, and increased from $4200 to $4500 the income in 
excess of which no compensation will be paid.
    Subsec. (e). Pub. L. 94-169, Sec. 201(4), substituted, effective for 
period beginning Jan. 1, 1976, and ending Sept. 30, 1976, ``with the 
Administrator'' for ``with him'' and ``prescribed by the Administrator'' 
for ``prescribed by him''.
    Subsec. (f). Pub. L. 94-169, Sec. 201(5), substituted, effective for 
period beginning Jan. 1, 1976, and ending Sept. 30, 1976, ``the 
Administrator shall deduct'' for ``he shall deduct''.
    Subsec. (g)(1)(J)(ii). Pub. L. 94-169, Sec. 201(6), substituted, 
effective for period beginning Jan. 1, 1976, and ending Sept. 30, 1976, 
``such veteran's'' for ``his''.
    Subsec. (h). Pub. L. 94-169, Sec. 201(7), substituted, effective for 
period beginning Jan. 1, 1976, and ending Sept. 30, 1976, ``$69'' for 
``$64''.
    1974--Subsec. (b)(1). Pub. L. 93-527, Sec. 7(1), substituted 
``$123'' for ``$110'', ``$1000'' for ``$1100'' wherever appearing, 
``$1300'' for ``$1500'' wherever appearing, ``$1600'' for ``$1700'' 
wherever appearing, ``$1800'' for ``$2000'' wherever appearing, 
``$2000'' for ``$2300'' wherever appearing, and ``$3000'' for ``$2600'' 
wherever appearing, and provided that in no event shall the monthly rate 
be less than $4.00.
    Subsec. (b)(2). Pub. L. 93-527, Sec. 7(1), reenacted par. (2) 
without change.
    Subsec. (c). Pub. L. 93-527, Sec. 7(2), substituted ``$86'' for 
``$77'', ``$2100'' for ``$1400'' wherever appearing, ``$2500'' for 
``$2300'' wherever appearing, ``3000'' for ``2600'' wherever appearing, 
and ``4 cents'', ``5 cents'' and ``6 cents'' for ``3 cents'', ``4 
cents'' and ``5 cents'', and inserted provision that in no event shall 
the monthly rate of dependency and indemnity compensation be less than 
$4.
    Subsec. (d). Pub. L. 93-527, Sec. 7(3), substituted ``$83'' for 
``$74'', ``$1,000'' for ``$1,200'' wherever appearing, ``$2500'' for 
``$2900'' wherever appearing, and ``3500'' for ``$3800'', and inserted 
provisions for reduction of 4 cents in the monthly rate for each dollar 
of annual income in excess of $3500 up to and including $4200, for not 
less than $4 for the monthly rate of dependency and indemnity 
compensation, and raised the maximum combined income for which 
compensation will be paid from $3800 to $4200.
    Subsec. (h). Pub. L. 93-527, Sec. 7(4), substituted ``$64'' for 
``$55''.
    1973--Subsec. (b)(1). Pub. L. 93-177, Sec. 4(a), substituted 
``$110'' for ``$100'', ``$1,100'' for ``$1,200'', ``$1,500'' for 
``$1,600'', ``$1,700'' for ``$1,900'', ``$2,000'' for ``$2,100'', and 
``$2,300'' for ``$2,600'' in existing provisions and inserted provisions 
for a reduction of 8 cents in the monthly rate for each $1 annual income 
in excess of $2,300 up to and including $2,600.
    Subsec. (b)(2). Pub. L. 93-177, Sec. 4(a), reenacted par. (2) 
without change.
    Subsec. (c). Pub. L. 93-177, Sec. 4(b), substituted ``$77'' for 
``$70'', ``$1,400'' for ``$1,700'', and ``$2,300'' for ``$2,600'' in 
existing provisions and inserted provision for a reduction of 5 cents in 
the monthly rate for each $1 of annual income in excess of $2,300 up to 
and including $2,600.
    Subsec. (d). Pub. L. 93-177, Sec. 4(c), substituted ``$74'' for 
``$67'', ``$1,200'' for ``$1,300'', and ``$2,900'' for ``$3,400''.
    1972--Subsec. (g)(1)(M). Pub. L. 92-425 substituted ``subchapter I 
of chapter 73 of title 10'' for ``chapter 73 of title 10''.
    1971--Subsec. (b)(1). Pub. L. 92-197, Sec. 4(a), substituted formula 
to measure monthly compensation rate of one parent by specifying a 
maximum monthly rate for each group within designated income category 
and each individual's monthly rate to be computed by reducing the 
maximum monthly rate by a specified number of cents for each dollar by 
which the minimum income limitation for that group is exceeded, for 
table providing for income and benefit rates, and increased the maximum 
income limit to $2,600 from $2,300.
    Subsec. (b)(2). Pub. L. 92-197, Sec. 4(a), substituted reference to 
formula in subsecs. (b)(1) and (d), for reference to tables in subsecs. 
(b)(1) and (d).
    Subsec. (c). Pub. L. 92-197, Sec. 4(b), substituted formula to 
measure dependency and indemnity compensation rates of two parents not 
living together by specifying a maximum monthly rate for each group 
within designated income category and each individual's monthly rate to 
be computed by reducing the maximum monthly rate by a specified number 
of cents for each dollar by which the minimum income limitation for that 
group is exceeded, for table providing for income and benefit rates, and 
increased the maximum income limit to $2,600 from $2,300.
    Subsec. (d). Pub. L. 92-197, Sec. 4(c), substituted formula to 
measure dependency and indemnity compensation to two parents living 
together or a remarried parent living with his spouse by specifying a 
maximum monthly rate for each group within designated income category 
and each individual's monthly rate to be computed by reducing the 
maximum monthly rate by a specified number of cents for each dollar by 
which the minimum income limitation for that group is exceeded, for 
table providing for income and benefit rates, and increased the maximum 
income limit to $3,800 from $3,500.
    Subsec. (g)(2), (3). Pub. L. 92-197, Sec. 4(d), redesignated par. 
(2) as par. (3) and added par. (2).
    Subsec. (h). Pub. L. 92-197, Sec. 4(e), added subsec. (h).
    1970--Subsec. (b)(1). Pub. L. 91-588, Sec. 2(a), provided new annual 
income limits to measure monthly compensation of one parent by adding 
minimum income limits of $2,000, $2,100, and $2,200 with maximum limits 
of $2,100, $2,200, and $2,300 for monthly benefits of $18, $12, and $10, 
respectively, and within existing annual income limits from a maximum of 
$800 to a maximum of $2,000, as well as the in-between limits set out in 
one-hundred dollar increments, the applicable monthly benefit for each 
limit was amended, respectively, by substituting in column II ``$96'' 
for ``$87'', ``94'' for ``81'', ``91'' for ``75'', ``87'' for ``69'', 
``81'' for ``62'', ``75'' for ``54'', ``69'' for ``46'', ``62'' for 
``38'', ``54'' for ``31'', ``46'' for ``25'', ``38'' for ``18'', ``31'' 
for ``12'', and ``25'' for ``10''.
    Subsec. (c). Pub. L. 91-588, Sec. 2(b), provided new annual income 
limits to measure monthly compensation of two parents not living 
together by adding minimum income limits of $2,000, $2,100, and $2,200 
with maximum limits of $2,100, $2,200, and $2,300 for monthly benefits 
of $14, $12, and $10, respectively, and within existing annual income 
limits from a maximum of $800 to a maximum of $2,000, as well as the in-
between limits set out in one-hundred dollar increments, the applicable 
monthly benefit for each limit was amended, respectively, by 
substituting in column II ``$66'' for ``$58'', ``64'' for ``54'', ``61'' 
for ``50'', ``58'' for ``46'', ``54'' for ``41'', ``50'' for ``35'', 
``46'' for ``29'', ``41'' for ``23'', ``35'' for ``20'', ``29'' for 
``16'', ``23'' for ``12'', ``20'' for ``11'', and ``16'' for ``10''.
    Subsec. (d). Pub. L. 91-588, Sec. 2(c), provided new annual income 
limits to measure monthly compensation of two parents living together by 
adding minimum income limits of $3,200, $3,300, and $3,400 with maximum 
limits of $3,300, $3,400, and $3,500 for monthly benefits of $14, $12, 
and $10, respectively, and within existing annual income limits from a 
maximum of $1,000 to a maximum of $3,200, as well as the in-between 
limits set out in one-hundred dollar increments, the applicable monthly 
benefit for each limit was amended, respectively, by substituting in 
column II ``$64'' for ``$58'', ``62'' for ``56'', ``60'' for ``54'', 
``58'' for ``52'', ``56'' for ``49'', ``54'' for ``46'', ``52'' for 
``44'', ``49'' for ``42'', ``46'' for ``40'', ``44'' for ``38'', ``42'' 
for ``35'', ``40'' for ``33'', ``38'' for ``31'', ``35'' for ``29'', 
``33'' for ``26'', ``31'' for ``23'', ``29'' for ``21'', ``27'' for 
``19'', ``25'' for ``17'', ``23'' for ``15'', ``21'' for ``12'', ``19'' 
for ``11'', and ``17'' for ``10''.
    Subsec. (e). Pub. L. 91-588, Sec. 2(d), exempted from filing 
requirement any parent who has attained 72 years of age and has been 
paid dependency and indemnity compensation during two consecutive 
calendar years.
    Subsec. (g)(1)(C). Pub. L. 91-588, Sec. 8(a), inserted reference to 
first sentence of section 9(b) of the Veterans' Pension Act of 1959.
    Subsec. (g)(1)(M). Pub. L. 91-588, Sec. 8(a), added subpar. (M).
    1968--Subsec. (b)(1). Pub. L. 90-275, Sec. 2(a), in providing new 
annual income limits to measure monthly compensation of one parent, 
reenacted minimum income limit of $800 for monthly benefit of $87, 
struck out prohibition against payments when income is in excess of 
$1,800, and substituted a sliding scale of payments based on one hundred 
dollar increments from more than $800 to more than $1,900 to $2,000 for 
payments of $81 to 10 for former sliding scale based on limits of $800 
to 1,100, $1,100 to 1,300, $1,300 to 1,500, and $1,500 to 1,800 for 
payments of $69, $52, $35, and $18, respectively.
    Subsec. (c). Pub. L. 90-275, Sec. 2(b), in providing new annual 
income limits to measure monthly compensation of two parents not living 
together, reenacted minimum income limit of $800 for monthly benefit of 
$58, struck out prohibition against payments when income is in excess of 
$1,800, and substituted a sliding scale of payments based on one hundred 
dollar increments from more than $800 to more than $1,900 to $2,000 for 
payments of $54 to 10 for former sliding scale based on limits of $800 
to 1,100, $1,100 to 1,300, $1,300 to 1,500, and $1,500 to 1,800 for 
payments of $46, $35, $23, and $12, respectively.
    Subsec. (d). Pub. L. 90-275, Sec. 2(c), in providing new annual 
income limits to measure monthly compensation of two parents living 
together, reenacted minimum combined income limit of $1,000 for monthly 
benefit of $58, struck out prohibition against payments when income is 
in excess of $3,000, and substituted a sliding scale of payments based 
on one hundred dollar increments from more than $1,000 to $3,100 for 
payments of $56 to 11 for former sliding scale based on five hundred 
dollar increments from more than $1,000 to $3,000 for payments of $58, 
$46, $35, $23, and $12.
    1966--Subsec. (b). Pub. L. 89-730, Sec. 1(a), designated existing 
subsection as par. (1), and in par. (1) as so designated, substituted 
reference to subsec. (b)(2) for subsec. (d), amended table by providing 
for increased indemnity compensation while permitting the recipient to 
earn a higher maximum annual income, and added par. (2).
    Subsec. (c). Pub. L. 89-730, Sec. 1(b), amended table by providing 
for increased indemnity compensation while permitting the recipient to 
earn a higher maximum annual income.
    Subsec. (d). Pub. L. 89-730, Sec. 1(c), amended table by providing 
for increased indemnity compensation while permitting the recipients to 
earn a higher combined maximum annual income.
    Subsec. (g)(1). Pub. L. 89-730, Sec. 2, in cl. (C) struck out 
``chapter 11'' and substituted ``chapters 11 and 15'', and added cls. 
(F) to (L).
    1963--Subsec. (b). Pub. L. 88-21, Sec. 4(a), substituted in Column 
II of table ``$83'', ``$66'', ``$50'', ``$33'', and ``$17'' for ``$75'', 
``$60'', ``$45'', ``$30'', and ``$15'', respectively.
    Subsecs. (c), (d). Pub. L. 88-21, Sec. 4(b), substituted in Column 
II of tables ``$55'', ``$44'', ``$33'', ``$22'', and ``$11'' for ``50'', 
``$40'', ``$30'', ``$20'' and ``$10'', respectively.
    1961--Subsec. (g)(1)(C). Pub. L. 87-268 substituted ``section 
412(a)'' for ``section 412''.


                    Effective Date of 1980 Amendment

    Amendment by Pub. L. 96-466 effective Oct. 1, 1980, except as 
otherwise specifically provided, see section 802(f) of Pub. L. 96-466, 
set out as an Effective Date note under section 5314 of this title.


                    Effective Date of 1978 Amendment

    Amendment by Pub. L. 95-588 effective Jan. 1, 1979, see section 401 
of Pub. L. 95-588, set out as a note under section 101 of this title.


                    Effective Date of 1977 Amendment

    Amendment by Pub. L. 95-204 effective Jan. 1, 1978, see section 302 
of Pub. L. 95-204, set out as a note under section 1122 of this title.


                    Effective Date of 1976 Amendment

    Amendment by Pub. L. 94-432 effective Jan. 1, 1977, see section 
405(b) of Pub. L. 94-432, set out as a note under section 1521 of this 
title.


                    Effective Date of 1975 Amendment

    Section 201 of Pub. L. 94-169, as amended by section 101 of Pub. L. 
94-432, eff. Sept. 30, 1976, provided that the amendment made by that 
section is effective Jan. 1, 1976.


                    Effective Date of 1974 Amendment

    Amendment by Pub. L. 93-527 effective Jan. 1, 1975, see section 10 
of Pub. L. 93-527, set out as a note under section 1521 of this title.


                    Effective Date of 1973 Amendment

    Amendment by Pub. L. 93-177 effective Jan. 1, 1974, see section 8 of 
Pub. L. 93-177, set out as a note under section 1521 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 sections 2(a)-(c) and 8(a) of Pub. L. 91-588, effective 
Jan. 1, 1971, and amendment by section 2(d) of Pub. L. 91-588, effective 
on Jan. 1, 1972, see section 10 of Pub. L. 91-588, set out as a note 
under section 1521 of this title.


                    Effective Date of 1968 Amendment

    Amendment by Pub. L. 90-275 effective Jan. 1, 1969, see section 6(a) 
of Pub. L. 90-275, set out as a note under section 1521 of this title.


                    Effective Date of 1966 Amendment

    Section 7 of Pub. L. 89-730 provided that:
    ``(a) Except section 6 [enacting and amending provisions set out as 
notes under section 1976 of this title] and as otherwise provided in 
subsection (b) of this section, this Act [amending this section and 
sections 413, 414, and 3012 [now 1313, 1314, and 1512] of this title] 
shall take effect on the first day of the second calendar month 
following the date of enactment of this Act [Nov. 2, 1966].
    ``(b) Section 2 of this Act [amending this section] shall take 
effect on January 1, 1967, but paragraph (G) of section 415(g)(1) [now 
1315(g)(1)], title 38, United States Code, as added by such section 2, 
shall not apply to any parent receiving dependency and indemnity 
compensation on December 31, 1966, or subsequently determined entitled 
to that benefit for said day, until his contributions to the described 
plans or programs have been recouped.''


                    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.


                    Effective Date of 1961 Amendment

    Amendment 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.


  Pension, Dependency, and Indemnity Compensation; Relation to Social 
                       Security Amendments of 1967

    Payments for balance of calendar year 1968 and calendar year 1969, 
calendar year 1970, and during each successive calendar year at 
prescribed monthly rates when payments would be less under this title as 
a result of increase in monthly insurance benefits provided by Social 
Security Amendments of 1967, see section 3 of Pub. L. 90-275, set out as 
a note under section 1521 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 1316, 5306, 5312, 5317 of 
this title; title 26 section 6103; title 42 section 8624.
