(f) If the Administrator ascertains that there have been overpayments to a parent under this section, the Administrator shall deduct such overpayments (unless waived) from any future payments made to such parent under this section. (Amended P.L. 94-169, $201 (5).)

(g) (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 412(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 subchapter II of chapter 7 of title 42;

(E) payments of bonus or similar cash gratuity by any State based upon service in the Armed Forces;

(F) payments under policies of servicemen's group life insurance, United States Government life insurance or National Service Life Insurance, and payments of servicemen's indemnity;

(G) 10 per centum 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) proceeds of fire insurance policies;

(J) amounts equal to amounts paid by a parcnt 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; and

(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 Administrator may provide by regulation for the exclusion from income under this section of amounts paid by a parent for unusual medical expenses. (Amended P.L. 87-268, $1(b); P.L. 89-730, $2; P.L. 91-588, 8(a); P.L. 92-197, $4(d); P.L. 92-425, § 6(1); P.L. 94-169, § 201(6).)

(h) 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 3112 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. (Added P.L. 92-197, § 4(e); amended P.L. 93-527, §7(4); P.L. 94-169, § 201(7); P.L. 94-432, § 301 (7); P.L. 95–204, § 201(7); P.L. 95-588, § 201 (d).)

§ 416. Dependency and indemnity compensation in cases of prior deaths

(a) (1) Any person who is eligible as a surviving spouse or child for death compensation by reason of a death occurring before January 1, 1957, may receive dependency and indemnity compensation upon application therefor.

(2) Any person who is eligible as a parent, or, but for such person's annual income, would be eligible as a parent, for death compensation by reason of a death occurring before January 1, 1957, may receive dependency and indemnity compensation upon application therefor; however, the annual income limitations established by section 415 of this title shall apply to each such parent. (Amended P.L. 94-433, § 405 (11).)

(b) (1) Whenever the surviving spouse of a veteran has been granted dependency and indemnity compensation by reason of this section, payments to such surviving spouse and to the children of the veteran. shall thereafter be made under this chapter, and shall not thereafter be made to them by reason of the death of the veteran under (A) other provisions of law administered by the Veterans' Administration viding for the payment of compensation or pension, or (B) the Federal Employees' Compensation Act.

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(2) Whenever the child or parent of any veteran is granted dependency and indemnity compensation, payments shall not thereafter be made to such child or parent by reason of the death of the veteran under (A) other provisions of law administered by the Veterans' Administration providing for the payment of compensation or pension, or (B) the Federal Employees' Compensation Act. (Amended P.L. 94-433, § 405 (12).)

(c) If children of a deceased individual are receiving death compensation, and all such children have not applied for dependency and indemnity compensation, (1) dependency and indemnity compensation paid to each child who has applied there for shall not exceed the amounts which would be paid if the application had been made by, or on behalf of, all such children, and (2) benefits paid under other provisions of law administered by the Veterans' Administration providing for the payment of compensation or pension, or under the Federal Employees' Compensation Act, to each child who has not so applied therefor shall not exceed the amounts which would be paid to such child if no such application had been made. (Amended P.L. 94-433, $ 405 (13).)

(d) If there are two parents of a deceased individual eligible for benefits by reason of subsection (a), and an application for dependency and indemnity compensation is not made by both parents, (1)

dependency and indemnity compensation paid to the parent who applies therefor shall not exceed the amounts which would be paid to such parent if both parents had so applied, and (2) benefits paid under other provisions of law administered by the Veterans' Administration providing for the payment of compensation, or under the Federal Employees' Compensation Act, to the parent who has not so applied therefor shall not exceed the amounts which would be paid to such parent if no such application had been made. (Amended P.L. 94-433, § 405 (14).)

(e) (1) Except as provided in paragraphs (3) and (4), no person who, on January 1, 1957, was a principal or contingent beneficiary of any payments under the Servicemen's Indemnity Act of 1951 may receive any such payments based upon the death giving rise to such payments after such person has been granted dependency and indemnity compensation based upon that death. No principal or contingent beneficiary who has assigned such beneficiary's interest in payments. under the Servicemen's Indemnity Act of 1951 after June 28, 1956, may receive any payments under this chapter based upon the death giving rise to such payments until the portion of the indemnity so assigned is no longer payable to any person.

(2) Where a beneficiary is barred from the receipt of payments under the Servicemen's Indemnity Act of 1951 by virtue of the first sentence of paragraph (1), no payments of the portion of indemnity in which such beneficiary had an interest shall be made to any other beneficiary.

(3) In the case of a child who has applied for dependency and indemnity compensation pursuant to this section or prior corresponding provisions of law, and who is or becomes a beneficiary under the Servicemen's Indemnity Act of 1951 by reason of the death giving rise to such child's eligibility for dependency and indemnity compensation, the Administrator shall determine and pay to such child for each month, or part thereof, payments under this chapter or under such Act, whichever payment the Administrator determines to be the greater amount.

(4) Notwithstanding paragraph (2), where a child receives dependency and indemnity compensation under this chapter, and thereafter dies, the portion of servicemen's indemnity in which such child had an interest may be paid (subject to paragraph (3)) to another child of the person by reason of whose death such servicemen's indemnity was payable. (Amended P.L. 94-433, § 405 (15), (16).)

8417. Restrictions on payments under this chapter 1

No person eligible for dependency and indemnity compensation by reason of any death occurring after December 31, 1956, shall be eligible by reason of such death for any payments under (1)

1 Sec. 417(a) Repealed by P.L. 92-197, § 5. Section 8. P.L. 92-197 provides: "Sec. 8. Any person who before January 1, 1972, was not eligible for dependency and indemnity compensation under such title by reason of the provisions of the prior section 417(a) of title 38. United States Code, may elect, in such manner as the Administrator of Veterans' Affairs shall prescribe, to receive dependency and indemnity compensation, and an election 80 made shall be final. A person receiving, or entitled to receive, death compensation on December 31, 1971. shall continue to receive death compensation, if otherwise eligible, in the absence of an election to receive dependency and indemnity compensation."

provisions of law administered by the Veterans' Administration providing for the payment of death compensation or death pension, or (2) the Federal Employees' Compensation Act. (Amended P.L. 92-197, § 5.)

Subchapter III-Certifications

§ 421. Certifications with respect to pay grade

The Secretary concerned shall, at the request of the Administrator, certify to the Administrator the pay grade of deceased persons with respect to whose deaths applications for benefits are filed under this chapter. The certification of the Secretary concerned shall be binding upon the Administrator. (Amended P.L. 91-96, § 4; P.L. 94-433, § 405 (17).)

§ 422. Certifications with respect to social security entitlement (a) Determination required by section 412 (a) of this title (other than a determination required by section 412(a) (2) of this title) as to whether any survivor described in section 412(a) (3) of this title of a deceased individual would be entitled to benefits under section 402 of title 42 for any month and as to the amount of the benefits which would be paid for such month, if the deceased veteran had been a fully and currently insured individual at the time of such veteran's death, shall be made by the Secretary of Health, Education, and Welfare, and shall be certified by such Secretary to the Administrator upon request of the Administrator. (Amended P.L. 87-268, § 1(c); P.L. 94-433, § 405 (18).).

(b) Upon the basis of estimates made by the Secretary of Health, Education, and Welfare after consultation with the Administrator, the Administrator shall pay to the Secretary an amount equal to the costs which will be incurred in making determinations and certifications under subsection (a). Such payments shall be made with respect to the costs incurred during such period (but not shorter than a calendar quarter) as the Secretary and the Administrator may prescribe. The amount payable for any period shall be increased or reduced to compensate for any underpayment or overpayment, as the case may be, of the costs incurred in any preceding period.

(c) Except with respect to determinations made under subsection (a) of this section, the Administrator shall prescribe such regulations as may be necessary to carry out the provisions of this section and section 412 (a) of this title. (Amended P.L. 87-268, § 1(b).)

§ 423. Certifications by Administrator

Whenever the Administrator determines on the basis of a claim for benefits filed with the Administrator that a death occurred under the circumstances referred to in section 1476 (a) of title 10, or section 321 (b) of title 32, the Administrator shall certify that fact to the Secretary concerned. In all other cases, the Administrator shall make the determination referred to in such section 1476 (a) or 321(b) at the request of the Secretary concerned. (Amended P.L. 94-433, § 405 (19).)

CHAPTER 15-PENSION FOR NON-SERVICE-CONNECTED

DISABILITY OR DEATH OR FOR SERVICE1

SUBCHAPTER I-GENERAL

Sec.

501. Definitions.

502. Determinations with respect to disability.

503. Determinations with respect to annual income.

504. Persons heretofore having a pensionable status.

505. Payment of pension during confinement in penal institutions. 506. Resource reports and overpayment adjustments.

507. Disappearance.

508. Frequency of payment of pension benefits.

SUBCHAPTER II-VETERANS' PENSIONS

Service Pension

511. Indian War veterans.

512. Spanish-American War veterans.

Non-Service-Connected Disability Pension

521. Veterans of a period of war.

522. Net worth limitation.

523. Combination of ratings.

SUBCHAPTER III-PENSIONS TO SURVIVING SPOUSES AND CHILDREN

Wars Before World War I

532. Surviving Spouses of Civil War veterans.

533. Children of Civil War veterans.

534. Surviving Spouses of Indian War veterans.

535. Children of Indian War veterans.

536. Surviving Spouses of Spanish-American War veterans.

537. Children of Spanish-American War veterans.

Mexican border period, World War I, World War II, Korean conflict, and the Vietnam era

541. Surviving spouses of veterans of a period of war.

542. Children of veterans of a period of war.

543. Net worth limitation.

SUBCHAPTER IV-ARMY, NAVY, AIR FORCE, AND COAST GUARD MEDAL OF HONOR ROLL 560. Medal of honor roll; persons eligible.

561. Certificate.

562. Special provisions relating to pension.

The savings provision of Public Law 86-211, which modified the pension programs for World War I, II, and Korean conflict veterans and dependents, provides:

"SEC. 9. (a) Any claim for pension which is pending in the Veterans' Administration on June 30, 1960, or any claim for death pension filed thereafter within one year from the date of death of a veteran which occurred prior to July 1, 1960, shall be adjudicated under title 38, United States Code, in effect on June 30, 1960, with respect to the period before July 1, 1969, and except as provided in subsection (c), under such title, as amended by this Act, thereafter.

"(b) Nothing in this Act shall affect the eligibility of any person receiving pension under title 38. United States Code, on June 30, 1960, for pension under all applicable provisions of that title in effect on that date for such period or periods thereafter with respect to which he can qualify under such provisions. This subsection shall not apply in any case for any period after pension is granted, pursuant to application, under title 38, United States Code, as amended by this Act.

"(c) Subsection (b) shall apply to those claims within the purview of subsection (a) in which it is determined that pension is payable for June 30, 1960."

See pp. 367-372 for prior pension law.