Title 38 — Veterans’ Benefits
Part II · Chapter 13 — Dependency and Indemnity Compensation for Service-Connected Deaths
§ 1312. Benefits in certain cases of in-service or service-connected deaths
Statutory text
In the case of any veteran—
who dies after , and is not a fully and currently insured individual (as defined in section 214 of the Social Security Act (42 U.S.C. 414)) at the time of such veteran’s death; and
whose death occurs—
while on active duty, active duty for training, or inactive duty training; or
as the result of a service-connected disability incurred after ; and
who leaves one or more survivors who are not entitled for any month to monthly benefits under section 202 of the Social Security Act (42 U.S.C. 402) on the basis of such veteran’s wages and self-employment income but who would, upon application therefor, be entitled to such benefits if such veteran had been fully and currently insured at the time of such veteran’s death;
the Secretary shall pay for such month benefits under this section to each such survivor in an amount equal to the amount of the benefits which would have been paid for such month to such survivor under title II of the Social Security Act (42 U.S.C. 401 et seq.), if such veteran had been both fully and currently insured at the time of such veteran’s death and if such survivor had filed application therefor on the same date on which application for benefits under this section is filed with the Secretary.
In any case where the amount of dependency and indemnity compensation payable under this chapter to a surviving spouse who has children is less than the amount of pension which would be payable to (1) such surviving spouse, or (2) such children if the surviving spouse were not entitled, under chapter 15 of this title had the death occurred under circumstances authorizing payment of death pension, the Secretary shall pay dependency and indemnity compensation to such surviving spouse in an amount equal to such amount of pension.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 85–857 · 72 Stat. 1105
Enacted · 38 U.S.C. § 1312
Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1128, § 412
Source evidence
Code source credit
Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1128, § 412Pub. L. 87–268 § 1(a) · 75 Stat. 566
Amended · 38 U.S.C. § 1312
Pub. L. 87–268 designated existing provisions as subsec. (a)
Added · 38 U.S.C. § 1312
Pub. L. 87–268 added subsec. (b)
Source evidence
Code amendment note
Pub. L. 87–268 designated existing provisions as subsec. (a) and added subsec. (b).Pub. L. 89–466 · 80 Stat. 217
Inserted · 38 U.S.C. § 1312
Pub. L. 89–466 inserted “to a widow who has children”, “to (1) such widow, or (2) such children if the widow were not entitled”, and “such widow”
Source evidence
Code amendment note
Pub. L. 89–466 inserted “to a widow who has children”, “to (1) such widow, or (2) such children if the widow were not entitled”, and “such widow”.Veterans Disability Compensation and Survivor Benefits Act of 1976
Pub. L. 94–433 title IV § 405(9) · 90 Stat. 1374
Substituted · 38 U.S.C. § 1312(a)
Pub. L. 94–433 substituted “such veteran’s” for “his” in cl. (3)
Substituted · 38 U.S.C. § 1312(a)
Pub. L. 94–433 substituted “such veteran” for “he” in cl. (3)
Source evidence
Code amendment note
Subsec. (a). Pub. L. 94–433 substituted “such veteran’s” for “his” in cls. (1) and (3) and in text following cl. (3) and “such veteran” for “he” in cl. (3).Enacted provision · exact public law section
(9) by striking out in subsections (a) and (b) of section 412 “his”, “he”, and “widow” each time they appear and inserting in lieu thereof “such veteran’s”, “such veteran”, and “surviving spouse” respectively;Effective date note
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.Veterans Disability Compensation and Survivor Benefits Act of 1976
Pub. L. 94–433 title IV § 405(9) · 90 Stat. 1374
Substituted · 38 U.S.C. § 1312(b)
Pub. L. 94–433 substituted “surviving spouse” for “widow” wherever appearing
Source evidence
Code amendment note
Subsec. (b). Pub. L. 94–433 substituted “surviving spouse” for “widow” wherever appearing.Enacted provision · exact public law section
(9) by striking out in subsections (a) and (b) of section 412 “his”, “he”, and “widow” each time they appear and inserting in lieu thereof “such veteran’s”, “such veteran”, and “surviving spouse” respectively;Effective date note
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.Veterans’ Compensation and Program Improvements Amendments of 1984
Pub. L. 98–223 § 213(2) · 98 Stat. 37
Substituted · 38 U.S.C. § 1312(a)
Pub. L. 98–223, § 213(2), substituted “section 214 of the Social Security Act (42 U.S.C. 414)” for “section 414 of title 42” in provision following par. (3)
Substituted · 38 U.S.C. § 1312(a)
Pub. L. 98–223, § 213(2), substituted “section 202 of the Social Security Act (42 U.S.C. 402)” for “section 402 of title 42” in provision following par. (3)
Substituted · 38 U.S.C. § 1312(a)
Pub. L. 98–223, § 213(2), substituted “title II of the Social Security Act (42 U.S.C. 201 et seq.)” for “subchapter II of chapter 7 of title 42” in provision following par. (3)
Source evidence
Code amendment note
Subsec. (a). Pub. L. 98–223, § 213(2), substituted “section 214 of the Social Security Act (42 U.S.C. 414)” for “section 414 of title 42” in par. (1), “section 202 of the Social Security Act (42 U.S.C. 402)” for “section 402 of title 42” in par. (3), and “title II of the Social Security Act (42 U.S.C. 201 et seq.)” for “subchapter II of chapter 7 of title 42” in provision following par. (3).Enacted provision · exact public law section
(2) Section 412(a) is amended— (A) by striking out “section 414 of title 42” in clause (1) and inserting in lieu thereof “section 214 of the Social Security Act (42 U.S.C. 414)”; (B) by striking out “section 402 of title 42” in clause (3) and inserting in lieu thereof “section 202 of the Social Security Act (42 U.S.C. 402)”; and (C) by striking out “subchapter II of chapter 7 of title 42” in the matter after clause (3) and inserting in lieu thereof “title II of the Social Security Act (42 U.S.C. 201 et seq.)”; andPub. L. 102–54 § 14(b)(3) · 105 Stat. 267
Substituted · 38 U.S.C. § 1312(a)
Pub. L. 102–54 substituted “401” for “201” in concluding provisions
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 102–54 substituted “401” for “201” in concluding provisions.Enacted provision · exact public law section
(3) Section 412(a) is amended by striking out “201” and inserting in lieu thereof “401”.Pub. L. 102–83 § 5(a) · 105 Stat. 378
Changed · 38 U.S.C. § 1312
Pub. L. 102–83, § 5(a), renumbered section 412 of this title as this section
Source evidence
Code amendment note
Pub. L. 102–83, § 5(a), renumbered section 412 of this title as this section.Enacted provision · exact public law section
(a) Redesignation of Sections to Conform to Chapter Numbers.— Each section contained in any of chapters 11 through 23 is redesignated by replacing the first digit of the section number with the number of the chapter containing that section. Each section contained in any of chapters 24 through 42 is redesignated so that the first two digits of the section number of that section are the same as the chapter number of the chapter containing that section.Pub. L. 102–83 § 4(b)(1) · 105 Stat. 378
Substituted · 38 U.S.C. § 1312(a)
Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in two places in concluding provisions
Source evidence
Code amendment note
Subsec. (a). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in two places in concluding provisions.Enacted provision · exact public law section
(1) Title 38 is further amended by striking out “Administrator” and “Administrator’s” each place they appear (except as provided in paragraphs (2) and (9) and including where they appear in section headings and tables of sections) and inserting in lieu thereof “Secretary” and “Secretary’s”, respectively.Pub. L. 102–83 § 4(b)(1) · 105 Stat. 378
Substituted · 38 U.S.C. § 1312(b)
Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”.Enacted provision · exact public law section
(1) Title 38 is further amended by striking out “Administrator” and “Administrator’s” each place they appear (except as provided in paragraphs (2) and (9) and including where they appear in section headings and tables of sections) and inserting in lieu thereof “Secretary” and “Secretary’s”, respectively.
10 of 14 references resolved to an enrolled provision · 4 partial
Editorial Notes
References in Text
The Social Security Act, referred to in subsec. (a), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title II of the Social Security Act is classified generally to subchapter II (§ 401 et seq.) of chapter 7 of Title 42, The Public Health and Welfare. Sections 214 and 202 of the Social Security Act are classified to sections 414 and 402 of Title 42, respectively. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.
Amendments1961–1991 · 5 rounds
1991
Pub. L. 102–83, § 5(a), renumbered section 412 of this title as this section.
Subsec. (a). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in two places in concluding provisions.
Pub. L. 102–54 substituted “401” for “201” in concluding provisions.
Subsec. (b). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”.
1984
Subsec. (a). Pub. L. 98–223, § 213(2), substituted “section 214 of the Social Security Act (42 U.S.C. 414)” for “section 414 of title 42” in par. (1), “section 202 of the Social Security Act (42 U.S.C. 402)” for “section 402 of title 42” in par. (3), and “title II of the Social Security Act (42 U.S.C. 201 et seq.)” for “subchapter II of chapter 7 of title 42” in provision following par. (3).
1976
Subsec. (a). Pub. L. 94–433 substituted “such veteran’s” for “his” in cls. (1) and (3) and in text following cl. (3) and “such veteran” for “he” in cl. (3).
Subsec. (b). Pub. L. 94–433 substituted “surviving spouse” for “widow” wherever appearing.
1966
Pub. L. 89–466 inserted “to a widow who has children”, “to (1) such widow, or (2) such children if the widow were not entitled”, and “such widow”.
1961
Pub. L. 87–268 designated existing provisions as subsec. (a) and added subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 1976 Amendment
Amendment by Pub. L. 94–433 effective , see section 406 of Pub. L. 94–433, set out as a note under section 1101 of this title.
Effective Date of 1961 Amendment
Pub. L. 87–268, § 3, , 75 Stat. 566, provided that: “The amendments made by this Act [amending this section and sections 107, 411 [now 1311], 415 [now 1315], 422 [now 1322], and 503 [now 1503] of this title and enacting provisions set out as notes under this section] shall take effect as of the first day of the first calendar month which begins after the date of its enactment [].”
Filing of Application for Benefits
Pub. L. 87–268, § 2, , 75 Stat. 566, provided that the increased pension benefits authorized by Pub. L. 87–268 were to be payable from the effective date of Pub. L. 87–268 to anyone receiving dependency and indemnity compensation on such date only if the application for such increased benefits were filed with the Veterans’ Administration within one year from such date and evidence of entitlement were of record or received within one year from the date of request therefor.
Credits
1958–1991 · 7 acts
- 1958Pub. L. 85–857, , 72 Stat. 1128, § 412
- 1961Pub. L. 87–268, § 1(a), , 75 Stat. 566
- 1966Pub. L. 89–466, , 80 Stat. 217
- 1976Pub. L. 94–433, title IV, § 405(9), , 90 Stat. 1379
- 1984Pub. L. 98–223, title II, § 213(2), , 98 Stat. 46
- 1991Pub. L. 102–54, § 14(b)(3), , 105 Stat. 283
- 1991renumbered § 1312 and amended Pub. L. 102–83, §§ 4(b)(1), (2)(E), 5(a), , 105 Stat. 404–406.
Show as published
(Pub. L. 85–857, , 72 Stat. 1128, § 412; Pub. L. 87–268, § 1(a), , 75 Stat. 566; Pub. L. 89–466, , 80 Stat. 217; Pub. L. 94–433, title IV, § 405(9), , 90 Stat. 1379; Pub. L. 98–223, title II, § 213(2), , 98 Stat. 46; Pub. L. 102–54, § 14(b)(3), , 105 Stat. 283; renumbered § 1312 and amended Pub. L. 102–83, §§ 4(b)(1), (2)(E), 5(a), , 105 Stat. 404–406.)