---
kind: "range"
citation: "20 C.F.R. §§ 404.1350–404.1352"
title: "20"
from: "404.1350"
to: "404.1352"
count: 3
url: "https://uscodex.org/cfr/20/404.1350..404.1352"
---

# §404.1350. Deemed insured status.

- (a) **When deemed insured status applies.** If you are the survivor of a World War II veteran, we consider the veteran to have died fully insured as discussed in [§ 404.111](/cfr/20/404.111.md) and we include wage credits in determining your monthly benefit or lump-sum death payment if—
  - (1) The veteran was separated from active service of the United States before July 27, 1951; and
  - (2) **The veteran died within 3 years after separation from active service and before July 27, 1954.**
- (b) **Amount of credit given for deemed insured World War II veterans.**
  - (1) **When we compute a survivor's benefit or lump-sum death payment, we give credit for—**
    - (i) $200 (for increment year purposes) for each calendar year in which the veteran had at least 30 days of active service beginning September 16, 1940, through 1950; and
    - (ii) **An average monthly wage of $160.**
  - (2) If the World War II veteran was fully or currently insured without the wage credits, we add increment years (years after 1936 and prior to 1951 in which the veteran had at least $200 in creditable earnings) to the increment years based on the veteran's wages.

# §404.1351. When deemed insured status does not apply.


As a survivor of a World War II veteran, you cannot get a monthly benefit or lump-sum death payment based on the veteran's deemed insured status as explained in [§ 404.1350](/cfr/20/404.1350.md) if—

- (a) Your monthly benefit or lump-sum death payment is larger without using the wage credits;
- (b) The Veterans Administration has determined that a pension or compensation is payable to you based on the veteran's death;
- (c) The veteran died while in the active service of the United States;
- (d) The veteran was first separated from active service after July 26, 1951;
- (e) The veteran died after July 26, 1954; or
- (f) The veteran's only service during the World War II period was by enlistment in the Philippine Scouts as authorized by the Armed Forces Voluntary Recruitment Act of 1945 (Pub. L. 190 of the 79th Congress).

# §404.1352. Benefits and payments based on deemed insured status.

- (a) **Our determination.** We determine your monthly benefit or lump-sum death payment under the deemed insured status provisions in §§ [404.1350](/cfr/20/404.1350.md) and [404.1351](/cfr/20/404.1351.md) regardless of whether the Veterans Administration has determined that any pension or compensation is payable to you.
- (b) **Certification for payment.** If we determine that you can be paid a monthly benefit or lump-sum death payment, we certify these benefits for payment. However, the amount of your monthly benefit or lump-sum death payment may be changed if we are informed by the Veterans Administration that a pension or compensation is payable because of the veteran's death as explained in [§ 404.1360](/cfr/20/404.1360.md).
- (c) **Payments not considered as pension or compensation.** We do not consider as pension or compensation—
  - (1) National Service Life Insurance payments;
  - (2) United States Government Life Insurance payments; or
  - (3) **Burial allowance payments made by the Veterans Administration.**