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| 64.105 PENSION TO VETERANS SURVIVING SPOUSES, AND CHILDREN |
| (Death Pension) |
| FEDERAL AGENCY |
| VETERANS BENEFITS ADMINISTRATION, DEPARTMENT OF VETERANS AFFAIRS |
| AUTHORIZATION |
| 38 U.S.C. 1541, 1542, 1543. |
| OBJECTIVES |
| To assist needy surviving spouses, and children of deceased war-time veterans whose deaths were not due to service. |
| TYPES OF ASSISTANCE |
| Direct Payments with Unrestricted Use. |
| USES AND USE RESTRICTIONS |
| No restrictions. |
| Applicant Eligibility |
| Unmarried surviving spouses and children of deceased veterans who had at least 90 days of honorable active war-time service or, if less than 90 days during war-time, were discharged for a service-connected disability. Veterans discharged on or after October 16, 1981, must have served for two years or the length to which called to active duty, if less than two years, or have a service-connected disability (38 U.S.C. 5303(A)). Income restrictions are prescribed. A child must be unmarried and under 18, between 18 and 23 if in school, or disabled before 18 and continuously incapable of self-support. Pension is not payable to those whose estates are so large that it is reasonable they use the estate for maintenance. |
| Beneficiary Eligibility |
| Needy surviving spouses and children of deceased war-time veterans. |
| Credentials/Documentation |
| Military discharge certificate, marriage certificate, and birth certificate(s). Income and net worth must be limited as prescribed by statute. |
| Preapplication Coordination |
| None. This program is excluded from coverage under E.O. 12372. |
| Application Procedure |
| An application (VA Form 21-534) may be obtained from any VA office or regional office (see Appendix IV of the Catalog) and submitted to the regional office. Applications are also available on-line at http://www.va.gov/vaforms/. |
| Award Procedure |
| Awards are authorized by the Regional Office. |
| Deadlines |
| Effective December 2004, entitlement may be established from the first day of the month in which the veteran died if the application is received within one year of the death; otherwise, entitlement is established from the date of receipt of the claim. |
| Range of Approval/Disapproval Time |
| Approximately 72 percent completed in 180 days or less. |
| Appeals |
| Available. In the event of a denial, claimants are advised of appeal rights and procedures at the time of notification. |
| Renewals |
| Not applicable. |
| Formula and Matching Requirements |
| Not applicable. |
| Length and Time Phasing of Assistance |
| Not applicable. |
| Reports |
| A surviving spouse, or child must promptly report a change in marital status and income. Additionally, a change in schooling for a child over 18 but under 23 must be reported. Eligibility verification requests are sent periodically. |
| Audits |
| None. |
| Records |
| None. |
| Account Identification |
| 36-0102-0-1-701. |
| Obligations |
| (Direct Payments) FY 07 $828,121,000; FY 08 est $896,414,000; and FY 09 est $952,792,000. |
| Range and Average of Financial Assistance |
| $7,498 annually, reduced by countable income for a spouse without children ($11,985 if in need of aid and attendance and $9,164 if housebound) and $9,815 for a surviving spouse with one child ($14,298 if in need of aid and attendance and $11,478 if housebound) plus $1,909 for each additional child. These rates were effective December 1, 2007 for Improved Law Pensions. |
| PROGRAM ACCOMPLISHMENTS |
| In FY 07, 198,047 survivors cases received pension. The figures for subsequent periods are: FY 08, an estimated 200,317 cases; and FY 09, an estimated 198,949 cases. |
| REGULATIONS, GUIDELINES, AND LITERATURE |
| 38 CFR 3.3. "Federal Benefits for Veterans and Dependents," Pamphlet 80-0-01, $5.00, available from Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 15250-7954. The stock number: 051-000-00-233-4. |
| Regional or Local Office |
| See Appendix IV of the Catalog for Veterans Benefits Administration field offices. |
| Headquarters Office |
| Department of Veterans Affairs, Washington, DC 20420. Telephone: (202) 461-9700. |
| Web Site Address |
| http://www.va.gov |
| RELATED PROGRAMS |
| 64.101, Burial Expenses Allowance for Veterans; 64.103, Life Insurance for Veterans; 96.004, Social Security_Survivors Insurance. |
| EXAMPLES OF FUNDED PROJECTS |
| Not applicable. |
| CRITERIA FOR SELECTING PROPOSALS |
| Not applicable. |
|
General Services Administration Office of Chief Acquisition Officer Regulatory and Federal Assistance Division (VIR) |
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