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38 U.S.C. § 1314

U.S. CodeFederalPositive Law
Supplemental dependency and indemnity compensation to children
About This Law
/us/usc/t38/s1314
Title
38 — Veterans’ Benefits
Chapter
PTII/CH13
Release
119-84
Release Date
2026-04-17

Section Text

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(a) In the case of a child entitled to dependency and indemnity compensation who has attained the age of eighteen and who, while under such age, became permanently incapable of self-support, the dependency and indemnity compensation paid monthly to such child shall be increased by $286. (b) If dependency and indemnity compensation is payable monthly to a person as a surviving spouse and there is a child (of such person’s deceased spouse) who has attained the age of eighteen and who, while under such age, became permanently incapable of self-support, dependency and indemnity compensation shall be paid monthly to each such child, concurrently with the payment of dependency and indemnity compensation to the surviving spouse, in the amount of $488. (c) If dependency and indemnity compensation is payable monthly to a person as a surviving spouse and there is a child (of such person’s deceased spouse), who has attained the age of eighteen and who, while under the age of twenty-three, is pursuing a course of instruction at an educational institution approved under section 104 of this title, dependency and indemnity compensation shall be paid monthly to each such child, concurrently with the payment of dependency and indemnity compensation to the surviving spouse, in the amount of $243. (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1128, § 414; Pub. L. 88–21, § 3, May 15, 1963, 77 Stat. 17; Pub. L. 89–311, § 2(c)(2), Oct. 31, 1965, 79 Stat. 1155; Pub. L. 89–730, § 5, Nov. 2, 1966, 80 Stat. 1159; Pub. L. 91–262, § 3, May 21, 1970, 84 Stat. 256; Pub. L. 92–197, § 3, Dec. 15, 1971, 85 Stat. 661; Pub. L. 93–295, title II, § 203, May 31, 1974, 88 Stat. 183; Pub. L. 94–71, title II, § 203, Aug. 5, 1975, 89 Stat. 397; Pub. L. 94–433, title II, § 203, title IV, § 405(10), Sept. 30, 1976, 90 Stat. 1376, 1380; Pub. L. 95–117, title II, § 203, Oct. 3, 1977, 91 Stat. 1065; Pub. L. 95–479, title II, § 203, Oct. 18, 1978, 92 Stat. 1563; Pub. L. 96–128, title II, § 203, Nov. 28, 1979, 93 Stat. 985; Pub. L. 96–385, title II, § 203, Oct. 7, 1980, 94 Stat. 1530; Pub. L. 97–66, title II, § 203, Oct. 17, 1981, 95 Stat. 1029; Pub. L. 97–253, title IV, § 405(g), Sept. 8, 1982, 96 Stat. 804; Pub. L. 97–306, title I, §§ 106, 107, Oct. 14, 1982, 96 Stat. 1431; Pub. L. 98–223, title I, § 106, Mar. 2, 1984, 98 Stat. 39; Pub. L. 98–543, title I, § 106, Oct. 24, 1984, 98 Stat. 2737; Pub. L. 99–238, title I, § 106, Jan. 13, 1986, 99 Stat. 1767; Pub. L. 99–576, title I, § 106, Oct. 28, 1986, 100 Stat. 3252; Pub. L. 100–227, title I, § 106, Dec. 31, 1987, 101 Stat. 1555; Pub. L. 100–687, div. B, title XI, § 1105(b), Nov. 18, 1988, 102 Stat. 4124; Pub. L. 101–237, title I, § 105(b), Dec. 18, 1989, 103 Stat. 2064; Pub. L. 102–3, § 6(b), Feb. 6, 1991, 105 Stat. 9; renumbered § 1314, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102–152, § 6(b), Nov. 12, 1991, 105 Stat. 987; Pub. L. 103–78, § 5(b), Aug. 13, 1993, 107 Stat. 769; Pub. L. 103–140, § 6(b), Nov. 11, 1993, 107 Stat. 1487; Pub. L. 105–98, § 6(b), Nov. 19, 1997, 111 Stat. 2157; Pub. L. 106–118, § 6(b), Nov. 30, 1999, 113 Stat. 1603; Pub. L. 107–94, § 6(b), Dec. 21, 2001, 115 Stat. 902; Pub. L. 107–330, title III, § 309(e)(2), Dec. 6, 2002, 116 Stat. 2831; Pub. L. 108–454, title III, § 307(e)(2), Dec. 10, 2004, 118 Stat. 3614; Pub. L. 109–111, § 2(e)(2), Nov. 22, 2005, 119 Stat. 2364; Pub. L. 109–444, § 9(e)(2), Dec. 21, 2006, 120 Stat. 3315; Pub. L. 109–461, title X, §§ 1005(e)(2), 1006(b), Dec. 22, 2006, 120 Stat. 3468; Pub. L. 110–324, § 3(e)(2), Sept. 24, 2008, 122 Stat. 3552; Pub. L. 111–37, § 3(e)(2), June 30, 2009, 123 Stat. 1930.) Disability Compensation and Dependency and Indemnity Compensation Rate IncreasesFor increases in rates of Department of Veterans Affairs disability compensation and dependency and indemnity compensation, see notes set out under section 1114 of this title. Editorial Notes Amendments2009—Subsec. (a). Pub. L. 111–37, § 3(e)(2)(A), substituted “$286” for “$271”. Subsec. (b). Pub. L. 111–37, § 3(e)(2)(B), substituted “$488” for “$462”. Subsec. (c). Pub. L. 111–37, § 3(e)(2)(C), substituted “$243” for “$230”. 2008—Subsec. (a). Pub. L. 110–324, § 3(e)(2)(A), substituted “$271” for “$265”. Subsec. (b). Pub. L. 110–324, § 3(e)(2)(B), substituted “$462” for “$452”. Subsec. (c). Pub. L. 110–324, § 3(e)(2)(C), substituted “$230” for “$225”. 2006—Pub. L. 109–461, § 1006(b), provided that as of the enactment of Pub. L. 109–461, the amendments made by Pub. L. 109–444 were deemed for all purposes not to have taken effect and that Pub. L. 109–444 ceased to be in effect. See Amendment notes below and section 1006(b) of Pub. L. 109–461, set out as a Coordination of Provisions With Pub. L. 109–444 note under section 101 of this title. Subsec. (a). Pub. L. 109–461, § 1005(e)(2)(A), substituted “$265” for “$257”. Pub. L. 109–444, § 9(e)(2)(A), which substituted “$265” for “$257”, was terminated by Pub. L. 109–461, § 1006(b). See Amendment notes above. Subsec. (b). Pub. L. 109–461, § 1005(e)(2)(B), substituted “$452” for “$438”. Pub. L. 109–444, § 9(e)(2)(B), which substituted “$452” for “$438”, was terminated by Pub. L. 109–461, § 1006(b). See Amendment notes above. Subsec. (c). Pub. L. 109–461, § 1005(e)(2)(C), substituted “$225” for “$218”. Pub. L. 109–444, § 9(e)(2)(C), which substituted “$225” for “$218”, was terminated by Pub. L. 109–461, § 1006(b). See Amendment notes above. 2005—Subsec. (a). Pub. L. 109–111, § 2(e)(2)(A), substituted “$257” for “$241”. Subsec. (b). Pub. L. 109–111, § 2(e)(2)(B), substituted “$438” for “$410”. Subsec. (c). Pub. L. 109–111, § 2(e)(2)(C), substituted “$218” for “$205”. 2004—Subsec. (a). Pub. L. 108–454, § 307(e)(2)(A), substituted “$241” for “$237”. Subsec. (b). Pub. L. 108–454, § 307(e)(2)(B), substituted “$410” for “$402”. Subsec. (c). Pub. L. 108–454, § 307(e)(2)(C), substituted “$205” for “$201”. 2002—Subsec. (a). Pub. L. 107–330, § 309(e)(2)(A), substituted “$237” for “$234”. Subsec. (b). Pub. L. 107–330, § 309(e)(2)(B), substituted “$402” for “$397”. Subsec. (c). Pub. L. 107–330, § 309(e)(2)(C), substituted “$201” for “$199”. 2001—Subsec. (a). Pub. L. 107–94, § 6(b)(1), substituted “$234” for “$222”. Subsec. (b). Pub. L. 107–94, § 6(b)(2), substituted “$397” for “$373”. Subsec. (c). Pub. L. 107–94, § 6(b)(3), substituted “$199” for “$188”. 1999—Subsec. (a). Pub. L. 106–118, § 6(b)(1), substituted “$222” for “$215”. Subsec. (b). Pub. L. 106–118, § 6(b)(2), substituted “$373” for “$361”. Subsec. (c). Pub. L. 106–118, § 6(b)(3), substituted “$188” for “$182”. 1997—Subsec. (a). Pub. L. 105–98, § 6(b)(1), substituted “$215” for “$195”. Subsec. (b). Pub. L. 105–98, § 6(b)(2), substituted “$361” for “$327”. Subsec. (c). Pub. L. 105–98, § 6(b)(3), substituted “$182” for “$166”. 1993—Subsec. (a). Pub. L. 103–140, § 6(b)(1), substituted “$195” for “$191”. Pub. L. 103–78, § 5(b)(1), substituted “$191” for “$185”. Subsec. (b). Pub. L. 103–140, § 6(b)(2), substituted “$327” for “$319”. Pub. L. 103–78, § 5(b)(2), substituted “$319” for “$310”. Subsec. (c). Pub. L. 103–140, § 6(b)(3), substituted “$166” for “$162”. Pub. L. 103–78, § 5(b)(3), substituted “$162” for “$157”. 1991—Pub. L. 102–83 renumbered section 414 of this title as this section. Subsec. (a). Pub. L. 102–152, § 6(b)(1), substituted “$185” for “$178”. Pub. L. 102–3, § 6(b)(1), substituted “$178” for “$169”. Subsec. (b). Pub. L. 102–152, § 6(b)(2), substituted “$310” for “$299”. Pub. L. 102–3, § 6(b)(2), substituted “$299” for “$284”. Subsec. (c). Pub. L. 102–152, § 6(b)(3), substituted “$157” for “$151”. Pub. L. 102–3, § 6(b)(3), substituted “$151” for “$144”. 1989—Subsec. (a). Pub. L. 101–237, § 105(b)(1), substituted “$169” for “$161”. Subsec. (b). Pub. L. 101–237, § 105(b)(2), substituted “$284” for “$271”. Subsec. (c). Pub. L. 101–237, § 105(b)(3), substituted “$144” for “$138”. 1988—Subsec. (a). Pub. L. 100–687, § 1105(b)(1), substituted “$161” for “$155”. Subsec. (b). Pub. L. 100–687, § 1105(b)(2), substituted “$271” for “$261”. Subsec. (c). Pub. L. 100–687, § 1105(b)(3), substituted “$138” for “$133”. 1987—Subsec. (a). Pub. L. 100–227, § 106(1), substituted “$155” for “$149”. Subsec. (b). Pub. L. 100–227, § 106(2), substituted “$261” for “$251”. Subsec. (c). Pub. L. 100–227, § 106(3), substituted “$133” for “$128”. 1986—Subsec. (a). Pub. L. 99–576, § 106(1), substituted “$149” for “$147”. Pub. L. 99–238, § 106(1), substituted “$147” for “$143”. Subsec. (b). Pub. L. 99–576, § 106(2), substituted “$251” for “$247”. Pub. L. 99–238, § 106(2), substituted “$247” for “$240”. Subsec. (c). Pub. L. 99–576, § 106(3), substituted “$128” for “$126”. Pub. L. 99–238, § 106(3), substituted “$126” for “$122”. 1984—Subsec. (a). Pub. L. 98–543, § 106(1), substituted “$143” for “$139”. Pub. L. 98–223, § 106(1), substituted “$139” for “$134”. Subsec. (b). Pub. L. 98–543, § 106(2), substituted “$240” for “$233”. Pub. L. 98–223, § 106(2), substituted “$233” for “$225”. Subsec. (c). Pub. L. 98–543, § 106(3), substituted “$122” for “$118”. Pub. L. 98–223, § 106(3), substituted “$118” for “$114”. 1982—Subsec. (a). Pub. L. 97–306, §§ 106(1), 107, 108, substituted “$134” for “$125”, and repealed amendment made by Pub. L. 97–253, § 405(g)(1), eff. Oct. 1, 1982. Pub. L. 97–253, § 405(g)(1), (h), eff. Jan. 1, 1983, substituted “$124” for “$125”. Subsec. (b). Pub. L. 97–306, §§ 106(2), 107, 108, substituted “$225” for “$210”, and repealed amendment made by Pub. L. 97–253, § 405(g)(2), eff. Oct. 1, 1982. Pub. L. 97–253, § 405(g)(2), (h), eff. Jan. 1, 1983, substituted “$209” for “$210”. Subsec. (c). Pub. L. 97–306, §§ 106(3), 107, 108, substituted “$114” for “$107”, and repealed amendment made by Pub. L. 97–253, § 405(g)(3), eff. Oct. 1, 1982. Pub. L. 97–253, § 405(g)(3), (h), eff. Jan. 1, 1983, substituted “$106” for “$107”. 1981—Subsec. (a). Pub. L. 97–66, § 203(1), substituted “$125” for “$112”. Subsec. (b). Pub. L. 97–66, § 203(2), substituted “$210” for “$189”. Subsec. (c). Pub. L. 97–66, § 203(3), substituted “$107” for “$96”. 1980—Subsec. (a). Pub. L. 96–385, § 203(1), substituted “$112” for “$98”. Subsec. (b). Pub. L. 96–385, § 203(2), substituted “$189” for “$165”. Subsec. (c). Pub. L. 96–385, § 203(3), substituted “$96” for “$84”. 1979—Subsec. (a). Pub. L. 96–128, § 203(1), substituted “$98” for “$89”. Subsec. (b). Pub. L. 96–128, § 203(2), substituted “$165” for “$150”. Subsec. (c). Pub. L. 96–128, § 203(3), substituted “$84” for “$76”. 1978—Subsec. (a). Pub. L. 95–479, § 203(1), substituted “$89” for “$83”. Subsec. (b). Pub. L. 95–479, § 203(2), substituted “$150” for “$140”. Subsec. (c). Pub. L. 95–479, § 203(3), substituted “$76” for “$71”. 1977—Subsec. (a). Pub. L. 95–117, § 203(1), substituted “$83” for “$78”. Subsec. (b). Pub. L. 95–117, § 203(2) substituted “$140” for “$131”. Subsec. (c). Pub. L. 95–117, § 203(3), substituted “$71” for “$67”. 1976—Subsec. (a). Pub. L. 94–433, §§ 203(1), 405(10), substituted “$78” for “$72” and “such child” for “him”. Subsec. (b). Pub. L. 94–433, §§ 203(2), 405(10), substituted “$131” for “$121” and “person” for “woman”, “surviving spouse” for “widow” and “such person’s deceased spouse” for “her deceased husband” wherever appearing. Subsec. (c). Pub. L. 94–433, §§ 203(3), 405(10), substituted “$67” for “$62” and “person” for “woman”, “surviving spouse” for “widow” and “such person’s deceased spouse” for “her deceased husband” wherever appearing. 1975—Subsec. (a). Pub. L. 94–71, § 203(a), substituted “$72” for “$64”. Subsec. (b). Pub. L. 94–71, § 203(b), substituted “$121” for “$108”. Subsec. (c). Pub. L. 94–71, § 203(c), substituted “$62” for “$55”. 1974—Subsec. (a). Pub. L. 93–295, § 203(a), substituted “$64” for “55”. Subsec. (b). Pub. L. 93–295, § 203(b), substituted “$108” for “$92”. Subsec. (c). Pub. L. 93–295, 203(c), substituted “$55” for “$47”. 1971—Subsec. (a). Pub. L. 92–197, § 3(a), substituted “$55” for “$32”. Subsec. (b). Pub. L. 92–197, § 3(b), substituted “$92” for “$88”. Subsec. (c). Pub. L. 92–197, § 3(c), substituted “$47” for “$45”. 1970—Subsec. (a). Pub. L. 91–262, § 3(a), substituted “$32” for “$29”. Subsec. (b). Pub. L. 91–262, § 3(b), substituted “$88” for “$80”. Subsec. (c). Pub. L. 91–262, § 3(c), substituted “$45” for “$41”. 1966—Subsec. (a). Pub. L. 89–730, § 5(1), substituted “$29” for “$28”. Subsec. (b). Pub. L. 89–730, § 5(2), substituted “$80” for “$77”. Subsec. (c). Pub. L. 89–730, § 5(3), substituted “41” for “39”. 1965—Subsec. (c). Pub. L. 89–311 substituted “twenty-three” for “twenty-one”. 1963—Subsec. (a). Pub. L. 88–21, § 3(1), substituted “$28” for “$25”. Subsec. (b). Pub. L. 88–21, § 3(2), substituted “$77” for “$70”. Subsec. (c). Pub. L. 88–21, § 3(3), substituted “$39” for “$35”. Statutory Notes and Related Subsidiaries Effective Date of 2009 AmendmentAmendment by Pub. L. 111–37 effective Dec. 1, 2008, see section 3(g) of Pub. L. 111–37, set out as a note under section 1114 of this title. Effective Date of 2008 AmendmentAmendment by Pub. L. 110–324 effective Dec. 1, 2007, see section 3(f) of Pub. L. 110–324, set out as a note under section 1114 of this title. Effective Date of 2005 AmendmentAmendment by Pub. L. 109–111 effective Dec. 1, 2005, see section 2(f) of Pub. L. 109–111, set out as a note under section 1114 of this title. Effective Date of 2001 AmendmentAmendment by Pub. L. 107–94 effective Dec. 1, 2001, see section 7 of Pub. L. 107–94, set out as a note under section 1114 of this title. Effective Date of 1999 AmendmentAmendment by Pub. L. 106–118 effective Dec. 1, 1999, see section 7 of Pub. L. 106–118, set out as a note under section 1114 of this title. Effective Date of 1997 AmendmentAmendment by Pub. L. 105–98 effective Dec. 1, 1997, see section 7 of Pub. L. 105–98, set out as a note under section 1114 of this title. Effective Date of 1993 AmendmentAmendment by Pub. L. 103–140 effective Dec. 1, 1993, see section 7 of Pub. L. 103–140, set out as a note under section 1114 of this title. Effective Date of 1991 AmendmentsAmendment by Pub. L. 102–152 effective Dec. 1, 1991, see section 7 of Pub. L. 102–152, set out as a note under section 1114 of this title. Amendment by Pub. L. 102–3 effective Jan. 1, 1991, see section 7 of Pub. L. 102–3, set out as a note under section 1114 of this title. Effective Date of 1989 AmendmentAmendment by Pub. L. 101–237 effective Dec. 1, 1989, see section 106 of Pub. L. 101–237, set out as a note under section 1114 of this title. Effective Date of 1988 AmendmentAmendment by Pub. L. 100–687 effective Dec. 1, 1988, see section 1106 of Pub. L. 100–687, set out as a note under section 1114 of this title. Effective Date of 1987 AmendmentAmendment by Pub. L. 100–227 effective Dec. 1, 1987, see section 107 of Pub. L. 100–227, set out as a note under section 1114 of this title. Effective Date of 1986 AmendmentsAmendment by Pub. L. 99–576 effective Dec. 1, 1986, but not effective unless benefit amounts payable under section 401 et seq. of Title 42, The Public Health and Welfare, are increased effective Dec. 1, 1986, as a result of a determination under section 415(i) of Title 42, see section 107 of Pub. L. 99–576, set out as a note under section 1114 of this title. Amendment by Pub. L. 99–238 effective Dec. 1, 1985, see section 107 of Pub. L. 99–238, set out as a note under section 1114 of this title. Effective Date of 1984 AmendmentsAmendment by Pub. L. 98–543 effective Dec. 1, 1984, see section 107 of Pub. L. 98–543, set out as a note under section 1114 of this title. Amendment by Pub. L. 98–223 effective Apr. 1, 1984, see section 107 of Pub. L. 98–223, set out as a note under section 1114 of this title. Effective Date of 1982 AmendmentAmendment by Pub. L. 97–306 effective Oct. 1, 1982, see section 108 of Pub. L. 97–306, set out as a note under section 1114 of this title. Effective Date of 1981 AmendmentAmendment 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 1114 of this title. Effective Date of 1980 AmendmentAmendment 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 1114 of this title. Effective Date of 1979 AmendmentAmendment 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 1114 of this title. Effective Date of 1978 AmendmentAmendment 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 1114 of this title. Effective Date of 1977 AmendmentAmendment by Pub. L. 95–117 effective Oct. 1, 1977, see section 501 of Pub. L. 95–117, set out as a note under section 1114 of this title. Effective Date of 1976 AmendmentAmendment 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. Effective Date of 1975 AmendmentAmendment by Pub. L. 94–71 effective Aug. 1, 1975, see section 301 of Pub. L. 94–71, set out as a note under section 1114 of this title. Effective Date of 1974 AmendmentAmendment by Pub. L. 93–295 effective May 1, 1974, see section 401 of Pub. L. 93–295, set out as a note under section 1114 of this title. Effective Date of 1971 AmendmentAmendment 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 AmendmentAmendment by Pub. L. 91–262 effective first day of second calendar month following May 1970, see section 4 of Pub. L. 91–262, set out as a note under section 1313 of this title. Effective Date of 1966 AmendmentAmendment by Pub. L. 89–730 effective first day of second calendar month following Nov. 2, 1966, see section 7(a) of Pub. L. 89–730, set out as a note under section 1315 of this title. Effective Date of 1965 AmendmentAmendment by Pub. L. 89–311 effective first day of second calendar month following Oct. 31, 1965, see section 9 of Pub. L. 89–311, set out as a note under section 1114 of this title. Effective Date of 1963 AmendmentAmendment 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. RepealSection 405(g) 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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