38 CFR § 3.455 - Apportionment of a surviving spouse's dependency and indemnity compensation.

---
identifier: "/us/cfr/t38/s3.455"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "38 CFR § 3.455 - Apportionment of a surviving spouse's dependency and indemnity compensation."
title_number: 38
title_name: "Pensions, Bonuses, and Veterans' Relief"
section_number: "3.455"
section_name: "Apportionment of a surviving spouse's dependency and indemnity compensation."
chapter_name: "DEPARTMENT OF VETERANS AFFAIRS"
part_number: "3"
part_name: "ADJUDICATION"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
cfr_part: "3"
---


# 3.455 Apportionment of a surviving spouse's dependency and indemnity compensation.

(a) *Conditions under which apportionment may be made.* The surviving spouse's award of dependency and indemnity compensation (DIC) will be apportioned where there is a child under 18 years of age and the surviving spouse is incarcerated and meets the provisions of § 3.665. DIC will not be apportioned under this paragraph (a) for a child over age 18 years unless the child is permanently incapable of self-support in accordance with the provisions of § 3.57.

(b) *Rates payable.* The amount of apportionment of DIC will be determined in accordance with the provisions of § 3.665.

(Authority: 38 U.S.C. 101(4)(A), 104(a), 5307)

[91 FR 906, Jan. 9, 2026]