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(b), Oct. 31, 1965, 79 Stat. 1155; Pub. L. 94-433, title IV, § 404(22), Sept. 30, 1976, 90 Stat. 1379.) AMENDMENTS

1976-Pub. L. 94-433 substituted “such veteran's" for "his" wherever appearing.

1965-Pub. L. 89-311 added cl. (3) referring to total deafness in one ear as a result of service-connected disability and total deafness in the other ear as the result of non-service-connected disability not the result of his own willful misconduct, inserted reference to total deafness in both ears and, in the section catchline, inserted reference to bilateral deafness.

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 301 of this title.

EFFECTIVE DATE OF 1965 AMENDMENT Amendment by Pub. L. 89-311 effective the first day of the second calendar month following the date of enactment of Pub. L. 89-311, which was approved on Oct. 31, 1965, see section 9 of Pub. L. 89-311, set out as a note under section 314 of this title.

§ 361. Payment of disability compensation in disability severance cases

The deduction of disability severance pay from disability compensation, as required by section 1212(c) of title 10, United States Code, shall be made at a monthly rate not in excess of the rate of compensation to which the former member would be entitled based on the degree of such former member's disability as determined on the initial Veterans' Administration rating.

(Added Pub. L. 91-241, May 7, 1970, 84 Stat. 203, and amended Pub. L. 94-433, title IV, § 404(23), Sept. 30, 1976, 90 Stat. 1379.)

AMENDMENTS

1976-Pub. L. 94-433 substituted “such former member's" for "his”.

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 301 of this title.

§ 362. Clothing allowance

The Administrator under regulations which the Administrator shall prescribe, shall pay a clothing allowance of $327 per year to each veteran who because of disability which is compensable under the provisions of this chapter, wears or uses prosthetic or orthopedic appliance or appliances (including a wheelchair) which the Administrator determines tends to wear out or tear the clothing of such a veteran. (Added Pub. L. 92-328, title I, § 103(a), June 30, 1972, 86 Stat. 394, and amended Pub. L. 94-71, title I, § 103, Aug. 5, 1975, 89 Stat. 396; Pub. L. 94-433, title III, § 301, title IV, § 404(24), Sept. 30, 1976, 90 Stat. 1377, 1379; Pub. L. 95-117, title III, § 301, Oct. 3, 1977, 91 Stat. 1065; Pub. L. 95-479, title I, § 103, Oct. 18, 1978, 92 Stat. 1562; Pub. L. 96-128, title I, § 103, Nov. 28, 1979, 93 Stat. 984; Pub. L. 96-385, title I, § 103, Oct. 7, 1980, 94 Stat. 1529; Pub. L. 97-66, title I, § 103, Oct. 17, 1981, 95 Stat. 1027; Pub. L. 97-253, title IV, § 405(d), Sept. 8, 1982, 96 Stat. 804; Pub. L.

97-306, title I, §§ 103, 107, Oct. 14, 1982, 96 Stat. 1430, 1431.)

AMENDMENTS

1982-Pub. L. 97-306, §§ 103, 107, 108, substituted "$327" for "$305” and repealed the amendment made by Pub. L. 97-253, § 405(d), eff. Oct. 1, 1982.

Pub. L. 97-253, § 405(d), (h), eff. Jan. 1, 1983, substituted "$304" for "$305" after "clothing allowance of”. 1981-Pub. L. 97-66 substituted "$305" for "$274". 1980-Pub. L. 96-385 substituted "$274” for “$240”. 1979-Pub. L. 96-128 substituted “$240" for “$218”. 1978-Pub. L. 95-479 substituted "$218" for "$203". 1977-Pub. L. 95-117 substituted "$203" for "$190". 1976-Pub. L. 94-433, §§ 301, 404(24), substituted $190 for $175 and "the Administrator shall prescribe" for "he shall prescribe".

1975-Pub. L. 94-71 substituted $175 for $150.

EFFECTIVE DATE OF 1982 AMENDMENT Amendment by section 103 of Pub. L. 97-306 effective Oct. 1, 1982, see section 108 of Pub. L. 97-306, set out as a note under section 314 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 314 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 314 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 314 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 314 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 314 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 301 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 314 of this title.

EFFECTIVE DATE

Section effective the first day of the second calendar month which begins after June 30, 1972, see section 301(a) of Pub. L. 92-328, set out as an Effective Date of 1972 Amendment note under section 314 of this title.

REPEAL

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

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404.

410.

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Determination of pay grade.

Repealed.]

Special provisions relating to surviving spouses.

SUBCHAPTER II-DEPENDENCY AND

INDEMNITY COMPENSATION

Deaths entitling survivors to dependency
and indemnity compensation.
Dependency and indemnity compensation to
a surviving spouse.

Benefits in certain cases of in-service or serv-
ice-connected deaths.

Dependency and indemnity compensation to children.

Supplemental dependency and indemnity compensation to children.

Dependency and indemnity compensation to parents.

Dependency and indemnity compensation in cases of prior deaths.

Restriction on payments under this chapter. SUBCHAPTER III-CERTIFICATIONS

Certifications with respect to pay grade. Certifications with respect to social security entitlement.

Certifications by Administrator.

AMENDMENTS

1982-Pub. L. 97-306, title I, § 113(b)(2), Oct. 14, 1982, 96 Stat. 1432, struck out item 403 "Coverage of members of Reserve Officers' Training Corps".

1976-Pub. L. 94-433, § 405(6), (8), Sept. 30, 1976, 90 Stat. 1379 substituted in item 404 "surviving spouses" for "widows" and in item 411 "surviving spouse" for "widow".

1969-Pub. L. 91-96, § 6, Oct. 27, 1969, 83 Stat. 145, substituted "Determination of pay grade" for "Computation of basic pay" in item 402 and "Certifications with respect to pay grade" for "Certifications with respect to basic pay" in item 421.

UNIFORMED SERVICES, PROMOTION OF MEMBERS IN MISSING STATUS; EFFECTIVE DATE

Provisions of section 552(a) of Title 37, Pay and Allowances of the Uniformed Services, for full effectiveness for all purposes of promotion of a member while in a missing status notwithstanding a determination of death before the making of the promotion effective as of Nov. 24, 1971, for the purposes of this chapter, see section 2 of Pub. L. 93-26, Apr. 27, 1973, 87 Stat. 26, set out as an Effective Date of 1973 Amendment note under section 552 of Title 37.

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 101, 106, 107, 351, 2013, 3005, 3110, 3113 of this title; title 10 sections 1431, 1446.

SUBCHAPTER I-GENERAL

§ 401. Definitions

As used in this chapter

The term "veteran" includes a person who died in the active military, naval, or air service. (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1126; Pub. L. 91-24, § 4(a), June 11, 1969, 83 Stat. 33; Pub. L. 91-96, § 5, Oct. 27, 1969, 83 Stat. 145.)

AMENDMENTS

1969-Pub. L. 91-96 struck out par. (1) which defined the term "basic pay".

Par. (1). Pub. L. 91-24 substituted "sections 201, 202, 203, 204, 205, or 207 of title 37" for "sections 232(a), 232(e), or 308 of Title 37".

EFFECTIVE DATE OF 1969 AmendmenT

Amendment by Pub. L. 91-96 effective the first day of the second calendar month which begins after Oct. 27, 1969, see section 8 of Pub. L. 91-96, set out as a note under section 402 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 42 section 409.

§ 402. Determination of pay grade

(a) With respect to a veteran who died in the active military, naval, or air service, such veteran's pay grade shall be determined as of the date of such veteran's death or as of the date of a promotion after death while in a missing status.

(b) With respect to a veteran who did not die in the active military, naval, or air service, such veteran's pay grade shall be determined as of

(1) the time of such veteran's last discharge or release from active duty under conditions other than dishonorable; or

(2) the time of such veteran's discharge or release from any period of active duty for training or inactive duty training, if such veteran's death results from service-connected disability incurred during such period and if such veteran was not thereafter discharged or released under conditions other than dishonorable from active duty.

(c) The pay grade of a veteran described in section 106(b) of this title shall be that to which such veteran would have been assigned upon final acceptance or entry upon active duty.

(d) If a veteran has satisfactorily served on active duty for a period of six months or more in a pay grade higher than that specified in subsection (a) or (b) and any subsequent discharge or release from active duty was under conditions other than dishonorable, the higher pay grade shall be used if it will result in greater monthly payments to such veteran's surviving spouse under this chapter. The determination as to whether an individual has served satisfactorily for the required period in a higher pay grade shall be made by the Secretary of the Department in which such higher pay grade was held.

(e) The pay grade of any person not otherwise described in this section, but who had a compensable status on the date of such person's death under laws administered by the Veterans' Administration, shall be determined by the head of the department under which such person performed the services by which such person obtained such status (taking into consideration such person's duties and responsibilities) and certified to the Administrator. For the purposes of this chapter, such person shall be deemed to have been on active duty while performing such services.

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1126; Pub. L. 86-492, June 8, 1960, 74 Stat. 161; Pub. L. 89-622, § 1, Oct. 4, 1966, 80 Stat. 873; Pub. L. 91-96, § 1, Oct. 27, 1969, 83 Stat. 144; Pub. L. 92-169, § 2, Nov. 24, 1971, 85 Stat. 489; Pub. L. 94-433, title IV, § 405(1)–(3), Sept. 30, 1976, 90 Stat. 1379.)

AMENDMENTS

1976 Subsec. (a). Pub. L. 94-433, § 405(1), substituted "such veteran's" for "his" in two instances.

Subsec. (b). Pub. L. 94-433, § 405(1), substituted "such veteran's" for "his" in the introductory clause and items (1) and (2) and "such veteran" for "he" in item (2).

Subsec. (c). Pub. L. 94-433, § 405(2), substituted "such veteran" for "he".

Subsec. (d). Pub. L. 94-433, § 405(2), substituted "such veteran's surviving spouse” for “his widow".

Subsec. (e). Pub. L. 94-433, § 405(3), substituted "such person's" for "his" in two instances and "such person" for "he".

1971-Subsec. (a). Pub. L. 92-169 provided, with regard to determination of veteran's pay grade at date of his death, that in the case of a promotion after death while the veteran is in a missing status, the pay grade determination date is the date of such promotion.

1969-Pub. L. 91-96 substituted in the section catchline "Determination of pay grade" for "Computation of basic pay”.

Subsec. (a). Pub. L. 91-96 substituted provisions determining the pay grade of a veteran who died in the active service for provisions determining the basic pay of a veteran who died in the active service as that prescribed on Jan. 1, 1957, or on the date of his death (whichever is the later date) for a member of a uniformed service on active duty of the same rank and years of service.

Subsec. (b). Pub. L. 91-96 substituted provisions determining the pay grade of a veteran who did not die in the active service for provisions determining the basic pay of a veteran who did not die in the active service as that prescribed on Jan. 1, 1957, or on the date of his death (whichever is the later date) for a member of a uniformed service on active duty of the same rank and years of service.

Subsec. (c). Pub. L. 91-96 redesignated former subsec. (c)(1) as (c), and, as so redesignated, substituted "pay grade" for "basic pay” and “assigned" for “entitled". Former subsec. (c)(2) redesignated (e).

Subsec. (d). Pub. L. 91-96 substituted provisions determining the applicability of a higher pay grade of a veteran who had served six months or more in a pay grade higher than that specified in subsec. (a) or (b) for provisions determining the basic pay of a veteran who had served six months or more in a rank higher than that specified in the former provisions of subsec. (a) or (b).

Subsec. (e). Pub. L. 91-96 redesignated former subsec. (c)(2) as (e), and, as so redesignated, substituted "pay grade" for "basic pay" and struck out "and years of service" following "responsibilities".

1966-Subsec. (d). Pub. L. 89-622 substituted "any subsequent discharge or release from active duty was under conditions other than dishonorable" for "was so serving in such rank within one hundred and twenty days before death in the active military, naval, or air service or before last discharge or release from active duty under conditions other than dishonorable". 1960-Subsec. (d). Pub. L. 86–492 added subsec. (d).

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 301 of this title.

EFFECTIVE Date of 1971 Amendment Section 3 of Pub. L. 92-169 provided that: "For the purposes of chapter 13 of title 38, United States Code

this Act [amending sections 402 and 552 of this title] becomes effective upon the date of enactment [Nov. 24, 19711. For all other purposes this Act becomes effective as of February 28, 1961."

EFFECTIVE DATE OF 1969 AMENDMENT

Section 8 of Pub. L. 91-96 provided that: "This Act [amending sections 322, 401, 402, 403, 411, and 421 of this title] shall take effect on the first day of the second calendar month which begins after the date of enactment [Oct. 27, 1969]."

EFFECTIVE Date of 1966 AMENDMENT

Section 2 of Pub. L. 89-622 provided that: "The amendment made by this Act (amending subsec. (d) of this section] shall take effect on the first day of the second calendar month after the date of enactment of this Act [Oct. 4, 1966]."

[§ 403. Repealed. Pub. L. 97-306, title I, § 113(b)(1), Oct. 14, 1982, 96 Stat. 1432]

Section, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1127; Pub. L. 91-96, § 2, Oct. 27, 1969, 83 Stat. 144, defined Reserve Officer Training Corps annual training duty and authorized travel to and from such duty as active military service for the purposes of this chapter and section 722 of this title.

EFFECTIVE Date of REPEAL

Repeal effective with respect to deaths and disabilities resulting from diseases or injuries incurred or aggravated after Sept. 30, 1982, see section 113(d) of Pub. L. 97-306, set out as an Effective Date of 1982 Amendment note under section 101 of this title.

§ 404. Special provisions relating to surviving spouses

No dependency and indemnity compensation shall be paid to the surviving spouse of a veteran dying after December 31, 1956, unless such surviving spouse was married to such veteran

(1) before the expiration of fifteen years after the termination of the period of service in which the injury or disease causing the death of the veteran was incurred or aggravated; or

(2) for one year or more; or

(3) for any period of time if a child was born of the marriage, or was born to them before the marriage.

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1127; Pub. L. 90-77, title I, § 101(a), Aug. 31, 1967, 81 Stat. 178; Pub. L. 94-433, title IV, § 405(4), (5), Sept. 30, 1976, 90 Stat. 1379.)

AMENDMENTS

1976-Pub. L. 94-433, § 405(4), (5), substituted in introductory clause "surviving spouse", "such surviving spouse", and "such veteran" for "widow", "she", and "him" and in section catchline "surviving spouses" for "widows".

1967-Pub. L. 90-77 qualified widow of a veteran for receipt of compensation by reducing in par. (2) the requisite marriage period from five years to one year and by making her eligible for benefits in par. (3) in event of antenuptial birth.

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 301 of this title.

EFFECTIVE DATE OF 1967 AMENDMENT Amendment by Pub. L. 90-77 effective the first day of the first calendar month which begins more than ten days after Aug. 31, 1967, see section 405 of Pub. L. 90-77, set out as a note under section 101 of this title.

SUBCHAPTER II-DEPENDENCY AND
INDEMNITY COMPENSATION

§ 410. Deaths entitling survivors to dependency and indemnity compensation

(a) When any veteran dies after December 31, 1956, from a service-connected or compensable disability, the Administrator shall pay dependency and indemnity compensation to such veteran's surviving spouse, children, and parents. The standards and criteria for determining whether or not a disability is service-connected shall be those applicable under chapter 11 of this title.

(b)(1) Notwithstanding the provisions of subsection (a) of this section, when any veteran dies, not as the result of the veteran's own willful misconduct, if the veteran was in receipt of or entitled to receive (or but for the receipt of retired or retirement pay was entitled to receive) compensation at the time of death for a service-connected disability that either (A) was continuously rated totally disabling for a period of ten or more years immediately preceding death, or (B) if so rated for a lesser period, was so rated continuously for a period of not less than five years from the date of such veteran's discharge or other release from active duty, the Administrator shall pay benefits under this chapter to the veteran's surviving spouse, if such surviving spouse was married to such veteran for not less than two years immediately preceding such veteran's death, and to such veteran's children, in the same manner as if the veteran's death were service connected.

(2) If a surviving spouse or a child receives any money or property of value pursuant to an award in a judicial proceeding based upon, or a settlement or compromise of, any cause of action for damages for the death of a veteran described in paragraph (1) of this subsection, benefits under this chapter payable to such surviving spouse or child by virtue of this subsection shall not be paid for any month following a month in which any such money or property is received until such time as the total amount of such benefits that would otherwise have been payable equals the total of the amount of the money received and the fair market value of the property received.

(3) For purposes of sections 1448(d) and 1450(c) of title 10, eligibility for benefits under this chapter by virtue of this subsection shall be deemed eligibility for dependency and indemnity compensation under section 411(a) of this title.

(c) Dependency and indemnity compensation shall not be paid to the surviving spouse, children, or parents of any veteran dying after December 31, 1956, unless such veteran (1) was discharged or released under conditions other than dishonorable from the period of active military, naval, or air service in which the disability causing such veteran's death was incurred or aggravated, or (2) died while in the active military, naval, or air service.

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1127; Pub. L. 94-433, title IV, § 405(7), Sept. 30, 1976, 90 Stat. 1379; Pub. L. 95-479, title II, § 204, Oct. 18, 1978, 92 Stat. 1564; Pub. L. 97-306, title I, § 112(a), Oct. 14, 1982, 96 Stat. 1432.)

AMENDMENTS

1982-Subsec. (b)(1). Pub. L. 97-306 inserted "or entitled to receive" after "was in receipt of".

1978-Subsec. (b). Pub. L. 95-479 added subsec. (b). Former subsec. (b) redesignated (c).

Subsec. (c). Pub. L. 95-479 redesignated subsec. (b) as (c).

1976-Subsec. (a). Pub. L. 94-433 substituted "such veteran's surviving spouse" for "his widow".

Subsec. (b). Pub. L. 94-433 substituted "surviving spouse", "such veteran", and "such veteran's" for "widow", "he", and "his".

EFFECTIVE DATE OF 1982 AMENDMENT; RETROSPECTIVE

PAYMENTS

(a)

Section 112(b) of Pub. L. 97-306 provided that: "(1) The amendment made by subsection [amending this section] shall take effect on October 1, 1982.

"(2)(A) As soon as practicable after September 30, 1982, the Administrator of Veterans' Affairs shall pay an amount determined under subparagraph (B) to each person who would have been entitled to a payment under chapter 13 of title 38, United States Code, for any part of the period beginning on October 1, 1978, and ending on September 30, 1982, if the amendment made by subsection (a) [amending this section] had taken effect on October 1, 1978.

"(B) The amount of any payment to a person under subparagraph (A) is the amount equal to the total of all payments under chapter 13 of title 38, United States Code, that would have been made to that person for the period described in such subparagraph if the amendment made by subsection (a) [amending this section] had taken effect on October 1, 1978."

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 314 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 301 of this title.

DEPENDENCY AND INDEMNITY COMPENSATION PROGRAM Section 204 of Pub. L. 94-433 authorized the Administrator of Veterans' Affairs to study the dependency and indemnity compensation program authorized by this chapter in order to evaluate the benefits provided by the program and to determine whether, or to what extent, benefits should be based on the military pay grade of the person upon whose death entitlement is predicated, and required the Administrator to submit to Congress and the President not later than Oct. 1, 1977, a report containing the results of the study together with the Administrator's recommendations for improvement of the program.

STUDY BY ADMINISTRATOR OF DEPENDENCY AND INDEMNITY COMPENSATION CLAIMS Pub. L. 94-71, § 204, Aug. 5, 1975, 89 Stat. 397, authorized the Administrator of Veterans' Affairs to make a study of claims for dependency and indemnity compensation relating to veterans who at the time of death during the period Sept. 1, 1975 to Mar. 1, 1976 were receiving disability compensation based upon a total and permanent disability and required the report to be submitted to the Speaker of the House and the President of the Senate no later than Oct. 1, 1976.

Pub. L. 93-295, title II, § 207, May 31, 1974, 88 Stat. 183, required the Administrator to make a study of claims for dependency and indemnity compensation relating to veterans who, at time of death within six months of May 31, 1974, were receiving disability compensation, and to report to the Speaker and the President of the Senate no more than 30 days after the beginning of the 94th Congress.

§ 411. Dependency and indemnity compensation to a surviving spouse

(a) Dependency and indemnity compensation shall be paid to a surviving spouse, based on the pay grade of the person upon whose death entitlement is predicated, at monthly rates set forth in the following table:

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'If the veteran served as sergeant major of the Army, senior enlisted advisor of the Navy, chief master sergeant of the Air Force, sergeant major of the Marine Corps, or master chief petty officer of the Coast Guard, at the applicable time designated by section 402 of this title, the surviving spouse's rate shall be $655.

'If the veteran served as Chairman of the Joint Chiefs of Staff, Chief of Staff of the Army, Chief of Naval Operations, Chief of Staff of the Air Force, or Commandant of the Marine Corps, at the applicable time designated by section 402 of this title, the surviving spouse's rate shall be $1,222.

(b) If there is a surviving spouse with one or more children below the age of eighteen of a deceased veteran, the dependency and indemnity compensation paid monthly to the surviving spouse shall be increased by $51 for each such child.

(c) The monthly rate of dependency and indemnity compensation payable to a surviving spouse shall be increased by $134 if the spouse 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.

(d) The monthly rate of dependency and indemnity compensation payable to a surviving spouse shall be increased by $66 if the surviving spouse is, by reason of disability, permanently housebound but does not qualify for the aid and attendance allowance under subsection (c) of this section. For the purposes of this subsec tion, the requirement of "permanently housebound" will be considered to have been met

when the surviving spouse is substantially confined to such surviving spouse's home (ward or clinical areas, if institutionalized) or immediate premises by reason of a disability or disabilities which it is reasonably certain will remain throughout such surviving spouse's lifetime.

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1127; Pub. L. 87-268, § 1(b), Sept. 21, 1961, 75 Stat. 566; Pub. L. 88-21, § 1, May 15, 1963, 77 Stat. 17; Pub. L. 88-134, § 1, Oct. 5, 1963, 77 Stat. 223; Pub. L. 91-24, § 4(b), June 11, 1969, 83 Stat. 33; Pub. L. 91-96, § 3, Oct. 27, 1969, 83 Stat. 144; Pub. L. 91-588, § 3(a), Dec. 24, 1970, 84 Stat. 1583; Pub. L. 92-197, § 1, Dec. 15, 1971, 85 Stat. 660; Pub. L. 92-455, § 4, Oct. 2, 1972, 86 Stat. 761; Pub. L. 93-295, title II, § 201, May 31, 1974, 88 Stat. 182; Pub. L. 94-71, title II, § 201, Aug. 5, 1975, 89 Stat. 396; Pub. L. 94-433, title II, § 201, Sept. 30, 1976, 90 Stat. 1375; Pub. L. 95-117, title II, § 201, Oct. 3, 1977, 91 Stat. 1064; Pub. L. 95-479, title II, § 201, Oct. 18, 1978, 92 Stat. 1562; Pub. L. 96-128, title II, § 201, Nov. 28, 1979, 93 Stat. 984; Pub. L. 96-385, title II, § 201, Oct. 7, 1980, 94 Stat. 1529; Pub. L. 97-66, title II, § 201, Oct. 17, 1981, 95 Stat. 1028; Pub. L. 97-253, title IV, § 405(e), Sept. 8, 1982, 96 Stat. 804; Pub. L. 97-306, title I, §§ 104, 107, Oct. 14, 1982, 96 Stat. 1430, 1431.)

AMENDMENTS

1982-Subsec. (a). Pub. L. 97-306, §§ 104(a), 107, 108, generally upgraded the monthly rates for all pay grades, and repealed the amendments made by Pub. L. 97-253, § 405(e)(1), eff. Oct. 1, 1982.

Pub. L. 97-253, § 405(e)(1), (h), eff. Jan. 1, 1983, lowered the monthly rates for all grades and for the positions mentioned in the footnotes by $1, except for grades E-3 through E-7.

Subsec. (b). Pub. L. 97-306, §§ 104(b), 107, 108, substituted "$51" for "$48", and repealed the amendment made by Pub. L. 97-253, § 405(e)(2), eff. Oct. 1, 1982.

Pub. L. 97-253, § 405(e)(2), (h), eff. Jan. 1, 1983, substituted "$47" for "$48" after "shall be increased by". Subsec. (c). Pub. L. 97-306, §§ 104(c), 107, 108, substituted "$134" for "$125", and repealed the amendment made by Pub. L. 97-253, § 405(e)(3), eff. Oct. 1, 1982.

Pub. L. 97-253, § 405(e)(3), (h), eff. Jan. 1, 1983, substituted "$124" for "$125".

Subsec. (d). Pub. L. 97-306, §§ 104(d), 107, 108, substituted "$66" for "$62", and repealed the amendment made by Pub. L. 97-253, § 405(e)(4), eff. Oct. 1, 1982.

Pub. L. 97-253, § 405(e)(4), (h), eff. Jan. 1, 1983, substituted "$61" for "$62" after "shall be increased by". 1981-Subsec. (a). Pub. L. 97-66, § 201(a), generally upgraded the monthly rates for all pay grades.

Subsec. (b). Pub. L. 97-66, § 201(b), increased from $43 to $48 the monthly dependency and indemnity compensation rate for each child.

Subsec. (c). Pub. L. 97-66, § 201(c), increased the monthly rate of compensation from $112 to $125. Subsec. (d). Pub. L. 97-66, § 201(d), increased the monthly rate of compensation from $56 to $62. 1980-Subsec. (a). Pub. L. 96-385, § 201(a), generally upgraded the monthly rates for all pay grades. Subsec. (b). Pub. L. 96-385, § 201(b), increased from $38 to $43 the monthly dependency and indemnity compensation rate for each child.

Subsec. (c). Pub. L. 96-385, § 201(c), increased the monthly rate of compensation from $98 to $112. Subsec. (d). Pub. L. 96-385, § 201(d), increased the monthly rate of compensation from $49 to $56. 1979-Subsec. (a). Pub. L. 96-128, § 201(a), generally upgraded the monthly rates for all pay grades.

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