---
kind: "section"
citation: "38 U.S.C. § 1316"
title: "38"
title_heading: "Veterans’ Benefits"
number: "1316"
heading: "Dependency and indemnity compensation in cases of prior deaths"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/38/1316"
units:
  - "Part II — General Benefits"
  - "Chapter 13 — Dependency and Indemnity Compensation for Service-Connected Deaths"
  - "Subchapter II — Dependency and Indemnity Compensation"
---

# §1316. Dependency and indemnity compensation in cases of prior deaths

- (a)
  - (1) Any person who is eligible as a [surviving spouse](/usc/38/101.md?p=3) or [child](/usc/38/1831.md?p=1) for death [compensation](/usc/38/101.md?p=13) by reason of a death occurring before January 1, 1957, may receive [dependency and indemnity compensation](/usc/38/101.md?p=14) upon application therefor.
  - (2) Any person who is eligible as a [parent](/usc/38/101.md?p=5), or, but for such person’s annual income, would be eligible as a [parent](/usc/38/101.md?p=5), for death [compensation](/usc/38/101.md?p=13) by reason of a death occurring before January 1, 1957, may receive [dependency and indemnity compensation](/usc/38/101.md?p=14) upon application therefor; however, the annual income limitations established by [section 1315 of this title](/usc/38/1315.md) shall apply to each such [parent](/usc/38/101.md?p=5).
- (b)
  - (1) Whenever the [surviving spouse](/usc/38/101.md?p=3) of a [veteran](/usc/38/1101.md?p=1) has been granted [dependency and indemnity compensation](/usc/38/101.md?p=14) by reason of this section, payments to such [surviving spouse](/usc/38/101.md?p=3) and to the children of the [veteran](/usc/38/1101.md?p=1) shall thereafter be made under this chapter, and shall not thereafter be made to them by reason of the death of the [veteran](/usc/38/1101.md?p=1) under (A) other provisions of law administered by the [Secretary](/usc/38/101.md?p=1) providing for the payment of [compensation](/usc/38/101.md?p=13) or [pension](/usc/38/101.md?p=15), or (B) subchapter I of chapter 81 of title 5.
  - (2) Whenever the [child](/usc/38/1831.md?p=1) or [parent](/usc/38/101.md?p=5) of any [veteran](/usc/38/1101.md?p=1) is granted [dependency and indemnity compensation](/usc/38/101.md?p=14), payments shall not thereafter be made to such [child](/usc/38/1831.md?p=1) or [parent](/usc/38/101.md?p=5) by reason of the death of the [veteran](/usc/38/1101.md?p=1) under (A) other provisions of law administered by the [Secretary](/usc/38/101.md?p=1) providing for the payment of [compensation](/usc/38/101.md?p=13) or [pension](/usc/38/101.md?p=15), or (B) subchapter I of chapter 81 of title 5.
- (c) If children of a deceased individual are receiving death [compensation](/usc/38/101.md?p=13), and all such children have not applied for [dependency and indemnity compensation](/usc/38/101.md?p=14), (1) [dependency and indemnity compensation](/usc/38/101.md?p=14) paid to each [child](/usc/38/1831.md?p=1) who has applied therefor shall not exceed the amounts which would be paid if the application had been made by, or on behalf of, all such children, and (2) benefits paid under other provisions of law administered by the [Secretary](/usc/38/101.md?p=1) providing for the payment of [compensation](/usc/38/101.md?p=13) or [pension](/usc/38/101.md?p=15), or under subchapter I of [chapter 81](/usc/5/chptIII/sptG/ch81.md) of title 5, to each [child](/usc/38/1831.md?p=1) who has not so applied therefor shall not exceed the amounts which would be paid to such [child](/usc/38/1831.md?p=1) if no such application had been made.
- (d) If there are two [parents](/usc/38/101.md?p=5) of a deceased individual eligible for benefits by reason of [subsection (a)](#a), and an application for [dependency and indemnity compensation](/usc/38/101.md?p=14) is not made by both [parents](/usc/38/101.md?p=5), (1) [dependency and indemnity compensation](/usc/38/101.md?p=14) paid to the [parent](/usc/38/101.md?p=5) who applies therefor shall not exceed the amounts which would be paid to such [parent](/usc/38/101.md?p=5) if both [parents](/usc/38/101.md?p=5) had so applied, and (2) benefits paid under other provisions of law administered by the [Secretary](/usc/38/101.md?p=1) providing for the payment of [compensation](/usc/38/101.md?p=13), or under subchapter I of [chapter 81](/usc/5/chptIII/sptG/ch81.md) of title 5, to the [parent](/usc/38/101.md?p=5) who has not so applied therefor shall not exceed the amounts which would be paid to such [parent](/usc/38/101.md?p=5) if no such application had been made.
- (e)
  - (1) Except as provided in paragraphs [(3)](#e-3) and [(4)](#e-4), no person who, on January 1, 1957, was a principal or contingent beneficiary of any payments under the Servicemen’s Indemnity Act of 1951 may receive any such payments based upon the death giving rise to such payments after such person has been granted [dependency and indemnity compensation](/usc/38/101.md?p=14) based upon that death. No principal or contingent beneficiary who has assigned such beneficiary’s interest in payments under the Servicemen’s Indemnity Act of 1951 after June 28, 1956, may receive any payments under this chapter based upon the death giving rise to such payments until the portion of the indemnity so assigned is no longer payable to any person.
  - (2) Where a beneficiary is barred from the receipt of payments under the Servicemen’s Indemnity Act of 1951 by virtue of the first sentence of [paragraph (1)](#e-1), no payments of the portion of indemnity in which such beneficiary had an interest shall be made to any other beneficiary.
  - (3) In the case of a [child](/usc/38/1831.md?p=1) who has applied for [dependency and indemnity compensation](/usc/38/101.md?p=14) pursuant to this section or prior corresponding provisions of law, and who is or becomes a beneficiary under the Servicemen’s Indemnity Act of 1951 by reason of the death giving rise to such [child](/usc/38/1831.md?p=1)’s eligibility for [dependency and indemnity compensation](/usc/38/101.md?p=14), the [Secretary](/usc/38/101.md?p=1) shall determine and pay to such [child](/usc/38/1831.md?p=1) for each month, or part thereof, payments under this chapter or under such Act, whichever payment the [Secretary](/usc/38/101.md?p=1) determines to be the greater amount.
  - (4) Notwithstanding [paragraph (2)](#e-2), where a [child](/usc/38/1831.md?p=1) receives [dependency and indemnity compensation](/usc/38/101.md?p=14) under this chapter, and thereafter dies, the portion of servicemen’s indemnity in which such [child](/usc/38/1831.md?p=1) had an interest may be paid (subject to [paragraph (3)](#e-3)) to another [child](/usc/38/1831.md?p=1) of the person by reason of whose death such servicemen’s indemnity was payable.

## Source credit

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1130, § 416; Pub. L. 94–433, title IV, § 405(11)–(16), Sept. 30, 1976, 90 Stat. 1380; Pub. L. 97–295, § 4(11), Oct. 12, 1982, 96 Stat. 1305; renumbered § 1316 and amended Pub. L. 102–83, §§ 4(a)(1), (b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 403–406.)

## Notes

### Editorial Notes

### References in Text

The Servicemen’s Indemnity Act of 1951, referred to in subsec. (e), is act Apr. 25, 1951, ch. 39, pt. I, 65 Stat. 33, which was classified generally to subchapter II (§ 851 et seq.) of chapter 13 of former Title 38, Pensions, Bonuses, and Veterans’ Relief, and was repealed by act Aug. 1, 1956, ch. 837, title V, § 502(9), 70 Stat. 886.

### Amendments

1991—Pub. L. 102–83, § 5(a), renumbered section 416 of this title as this section.

Subsec. (a)(2). Pub. L. 102–83, § 5(c)(1), substituted “1315” for “415”.

Subsecs. (b) to (d). Pub. L. 102–83, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans’ Administration” wherever appearing.

Subsec. (e)(3). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in two places.

1982—Subsecs. (b)(1)(B), (2)(B), (c)(2), (d)(2). Pub. L. 97–295 substituted “subchapter I of chapter 81 of title 5” for “the Federal Employees’ Compensation Act” wherever appearing.

1976—Subsec. (a). Pub. L. 94–433, § 405(11), substituted “surviving spouse” for “widow” in par. (1) and “such person’s” for “his” in par. (2).

Subsec. (b)(1). Pub. L. 94–433, § 405(12), substituted “surviving spouse” and “such surviving spouse” for “widow” and “her”, respectively.

Subsec. (c). Pub. L. 94–433, § 405(13), substituted “paid to such child” for “paid to him”.

Subsec. (d). Pub. L. 94–433, § 405(14), substituted “such parent” for “him” in cls. (1) and (2).

Subsec. (e). Pub. L. 94–433, § 405(15), (16), substituted “such person” and “such beneficiary’s” for “he” and “his”, respectively, in par. (1) and “such child’s” and “the Administrator” for “his” and “he”, respectively, in par. (3).

### Statutory Notes and Related Subsidiaries

### 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 1101 of this title.