Compensation to widows and children for service-connected death before Jan. 1, 1957-Continued Subject.... Definition of widow... Date of marriage... Remarried widow. Peacetime service A woman who, according to the (1) before the expiration of (2) for 5 or more years; or Right of widow terminated upon 1 Persons eligible for death compensation based on death occurring before Jan. 1, 1957, may, under certain conditions, apply for and receive dependency and indemnity compensation. Except in certain missing persons cases the dependents of veterans who die on or after May 1, 1957, while their life-insurance premiums are waived pursuant to sec. 622 of the National Service Life Insurance Act of 1940, as amended, are not eligible to receive dependency and indemnity compensation but may be paid death compensation notwithstanding the fact the death occurred after Dec. 31, 1956. The commencement of a program of education or training under the War Orphans' Educational Assistance Act of 1956 is a bar to subsequent payments of compensation based on the death of a parent to an eligible child over the age of 18 pursuing a course in an educational institution. COMPENSATION TO DEPENDENT PARENTS FOR SERVICE-CONNECTED DEATH BEFORE JAN. 1, 195712 Subject.... Peacetime service Rates to parents..... Dependent mother or father. $60 Dependent mother and father (each) $32 Definition of parent. Father, mother, father through adop- Compensation not terminated upon re- World Wars I, II, and Korea Dependent mother or father... Same. Death before Jan. 1, 1957,12 as the result of injury or disease incurred in or aggravated by active military, naval, or air service, in line of duty, during a period of war, discharged under conditions other than dishonorable. NOTE. For periods of war, see limitations as to dates of service, p. 4, Compensation to Veterans for ServiceConnected Disabilities. Same. Proof of dependency. Income insufficient to provide reasonable maintenance for father or mother and members of his or her family under legal age and for dependent adult members of family if dependency of such adult member results from mental or physical incapacity, including housing, food, clothing, and medical care. Factors considered: Net income of property owned, or business operated by mother or father and earnings of father or mother and other members of family under legal age; actual contributions by members of family of legal age; social-security benefits, i. e., old-age assistance and old-age survivors' insurance, family allowances under Public Law 351, 81st Cong., as amended. In determining whether other members of family under legal age are factors in necessary expenses of mother or father, consideration given to any income from business or property (including trusts) actually available to mother or father for support of minor but not to corpus of estate or income of minor not so available. In determining dependency, amounts received from following sources by mother or father or other member of family disregarded: as designated beneficiary or otherwise of insurance under War Risk Insurance Act, World War Veterans' Act, or National Service Life Insurance Act, or amendments thereto; pension or compensation under laws administered by Veterans' Administration; benefits under World War Adjusted Compensation Act or Adjusted Compensation Payment Act, or amendments thereto; the 6-month death gratuity to designated beneficiary thereof; payments pursuant to mustering-out payment; servicemen's indemnity; donations or assistance from charitable sources; annuities received from the Uniformed Services Contingency Option Act of 1953; or payments of bonus or similar cash gratuity by any State, Territory, possession, or Commonwealth of the United States, or the District of Columbia, based on military, naval, or air service. Consideration given to corpus of claimant's estate if it is reasonable same or some part be sold and proceeds used for claimant's maintenance. Habitual contributions by veteran not conclusive evidence dependency existed but considered. Remarriage of mother or father does not per se bar entitlement but is prima facie evidence dependency has ceased. Dependency of a parent may not be denied (1) solely because of remarriage, or (2) in any case in the United States, its Territories, Commonwealths, and possessions, where the monthly income for a mother or father, not living together, does not exceed $105, or where the monthly income for a mother and father living together does not exceed $175, plus, in either case, $45, for each additional member of the family whom the father or mother is under a moral or legal obligation to support, as determined by the Administrator. 1 Persons eligible for death compensation based on death occurring before Jan. 1, 1957, may, under certain conditions, apply for and receive dependency and indemnity compensation. Except in certain missing persons cases the dependents of veterans who die on or after May 1, 1957, while their life-insurance premiums are waived pursuant to sec. 622 of the National Service Life Insurance Act of 1940, as amended, are not eligible to receive dependency and indemnity compensation but may be paid death compensation notwithstanding the fact the death occurred after Dec. 31, 1956. DEPENDENCY AND INDEMNITY COMPENSATION TO WIDOWS, CHILDREN AND PARENTS FOR SERVICE-CONNECTED DEATH ON OR AFTER JAN. 1, 1957 (P. L. 881-84th CONGRESS, AS AMENDED) (3) Widow and 2 or more children under age 18: (4) Widow and child or children age 18 and Regular widow's rate payable to (3) Child or children ages 18 to 21 attending Same as basic rate payable to children less than Monthly (5) Widow and child or children age 18 but under 21 attending school: Regular widow's rate payable to See note at end of chapter for additional To qualify as a widow a woman must have (1) Before the expiration of 15 years after (2) For 5 or more years; or (3) For any period of time if a child was born of the marriage. Additional requirements: (1) Widow must have continuously co- (2) Payments of compensation may not Not a factor. See note at end of chapter for additional A person who is unmarried and (A) who is under the age of 18 years, or (C) who, after attaining the age of 18 and who is a legitimate child, a legally Not a factor. See note at end of chapter for additional A "parent" is a father, a mother, a father Annual income limitations as indicated above. (1) 6 months death gratuity. (2) Donations from relief organizations. (4) Lump-sum death payments under (5) Payment of a bonus or similar cash gratuity by any State, Territory, possession, or Commonwealth of the United States, or the District of Columbia, based on service in the Armed Forces of the United States. (6) The Administrator may provide by regulation for exclusion from income of unusual medical expenses. Dependency and indemnity compensation to widows, children and parents for service-connected death on or after Jan. 1, 1957-Continued Subject Service groups Deaths covered. Types of duty or General provisions Generally covers members of the uniformed services defined as including (1) Members of the Regular and Reserve components of the Army, Navy, Air Force, Marine Corps, or Coast Guard (excluding temporary members of the Coast Guard Reserve); (2) Cadets and midshipmen of the Service Academies, both while attending the Academies and while engaged in special training duties; (3) Members of the ROTC, NROTC, and AFROTC while on annual training duty for 14 days or more and while performing authorized travel to and from such duty; (4) General coverage of commissioned officers of Coast and Geodetic Survey and of the Public Health Service; (5) Persons provisionally accepted or selected for active duty who die from injury or disease incurred while en route to or from or while at a place to which ordered. Death on or after Jan. 1, 1957: (1) From disease or injury incurred or aggravated in line of duty while on active duty or active duty for training; (2) From injury incurred or aggravated in line of duty while on inactive duty training; or (3) From disability compensable under laws administered Deaths prior to Jan. 1, 1957, if the widow or child is eligible (1) Active duty performed by member of a uniformed service; NOTE.-Benefits equal to social security benefits are also payable by the Veterans' Subject Character of dis- Application.. Bar against dupli- Service connection. General provisions duty for training; death from injury incurred on or after (3) Annual training duty for 14 days or more by members of (4) Following discharge or release from active duty on or after Dependency and indemnity compensation not payable unless Application filed with VA for D. & I. C. or with social security Beneficiaries of compensation or pension or FECA under Commencement of an educational program under the War Or- Criteria for determining service connection and line of duty for or aggravated in line of duty while on inactive duty training, as a member of a uniformed service after Sept. 15, 1940, and who was discharged or released from duty under conditions other than dishonorable. The determination as to whether any survivor of a deceased individual would be entitled to benefits and the amount of benefits which would be paid, if the individual had been fully and currently insured at the time of his death, is made by the Secretary of Health, Education, and Welfare and certified by him to and paid by the Administrator of Veterans' Affairs. |