# § 1313. Dependency and indemnity compensation to children
**(a)** Whenever there is no surviving spouse of a deceased veteran entitled to dependency and indemnity compensation, dependency and indemnity compensation shall be paid in equal shares to the children of the deceased veteran at the following monthly rates:
**(1)** one child, $488;
**(2)** two children, $701;
**(3)** three children, $915; and
**(4)** more than three children, $915, plus $174 for each child in excess of three.
**(b)** If dependency and indemnity compensation has been awarded under this section to a veteran’s child or children and the entitlement to dependency and indemnity compensation under this section of an additional child of that veteran who is over the age of eighteen years and who had previously been entitled to dependency and indemnity compensation under this section before becoming eighteen years of age is later reestablished effective retroactively upon determination that such child is pursuing a course of instruction at an approved educational institution, the amount payable retroactively to the additional child is the amount equal to the difference between the total of the increased award payable under this section to the children of the deceased veteran for the retroactive period and the prior total award for such purpose for that period.
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**Source Credit**: (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1128, § 413; Pub. L. 88–21, § 2, May 15, 1963, 77 Stat. 17; Pub. L. 89–730, § 4, Nov. 2, 1966, 80 Stat. 1159; Pub. L. 91–262, § 2, May 21, 1970, 84 Stat. 256; Pub. L. 92–197, § 2, Dec. 15, 1971, 85 Stat. 660; Pub. L. 93–295, title II, § 202, May 31, 1974, 88 Stat. 182; Pub. L. 94–71, title II, § 202, Aug. 5, 1975, 89 Stat. 397; Pub. L. 94–433, title II, § 202, Sept. 30, 1976, 90 Stat. 1376; Pub. L. 95–117, title II, § 202, Oct. 3, 1977, 91 Stat. 1065; Pub. L. 95–479, title II, § 202, Oct. 18, 1978, 92 Stat. 1563; Pub. L. 96–128, title II, § 202, Nov. 28, 1979, 93 Stat. 985; Pub. L. 96–385, title II, § 202, Oct. 7, 1980, 94 Stat. 1530; Pub. L. 97–66, title II, §§ 202, 204(a), Oct. 17, 1981, 95 Stat. 1029; Pub. L. 97–253, title IV, § 405(f), Sept. 8, 1982, 96 Stat. 804; Pub. L. 97–306, title I, §§ 105, 107, Oct. 14, 1982, 96 Stat. 1431; Pub. L. 98–223, title I, § 105, Mar. 2, 1984, 98 Stat. 39; Pub. L. 98–543, title I, § 105, Oct. 24, 1984, 98 Stat. 2737; Pub. L. 99–238, title I, § 105, Jan. 13, 1986, 99 Stat. 1767; Pub. L. 99–576, title I, § 105, title VII, § 703(a)(1), Oct. 28, 1986, 100 Stat. 3252, 3302; Pub. L. 100–227, title I, § 105, Dec. 31, 1987, 101 Stat. 1554; Pub. L. 100–687, div. B, title XI, § 1105(a), Nov. 18, 1988, 102 Stat. 4124; Pub. L. 101–237, title I, § 105(a), Dec. 18, 1989, 103 Stat. 2064; Pub. L. 102–3, § 6(a), Feb. 6, 1991, 105 Stat. 9; renumbered § 1313, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102–152, § 6(a), Nov. 12, 1991, 105 Stat. 987; Pub. L. 103–78, § 5(a), Aug. 13, 1993, 107 Stat. 768; Pub. L. 103–140, § 6(a), Nov. 11, 1993, 107 Stat. 1487; Pub. L. 105–98, § 6(a), Nov. 19, 1997, 111 Stat. 2157; Pub. L. 106–118, § 6(a), Nov. 30, 1999, 113 Stat. 1603; Pub. L. 107–94, § 6(a), Dec. 21, 2001, 115 Stat. 902; Pub. L. 107–330, title III, § 309(e)(1), Dec. 6, 2002, 116 Stat. 2831; Pub. L. 108–454, title III, § 307(e)(1), Dec. 10, 2004, 118 Stat. 3614; Pub. L. 109–111, § 2(e)(1), Nov. 22, 2005, 119 Stat. 2364; Pub. L. 109–444, § 9(e)(1), Dec. 21, 2006, 120 Stat. 3315; Pub. L. 109–461, title X, §§ 1005(e)(1), 1006(b), Dec. 22, 2006, 120 Stat. 3468; Pub. L. 110–324, § 3(e)(1), Sept. 24, 2008, 122 Stat. 3552; Pub. L. 111–37, § 3(e)(1), June 30, 2009, 123 Stat. 1930.)
### Disability Compensation and Dependency and Indemnity Compensation Rate Increases
For increases in rates of Department of Veterans Affairs disability compensation and dependency and indemnity compensation, see notes set out under .
## Editorial Notes
### Codification
Amendments by , , and , which directed that cls. (1) to (4) of this section be amended, were executed by amending subsec. (a) of this section, as the probable intent of Congress, in view of subsec. (a) containing cls. (1) to (4).
### Amendments
2009—Subsec. (a)(1). , substituted “$488” for “$462”.
Subsec. (a)(2). , substituted “$701” for “$663”.
Subsec. (a)(3). , substituted “$915” for “$865”.
Subsec. (a)(4). , substituted “$915” and “$174” for “$865” and “$165”, respectively.
2008—Subsec. (a)(1). , substituted “$462” for “$452”.
Subsec. (a)(2). , substituted “$663” for “$649”.
Subsec. (a)(3). , substituted “$865” for “$846”.
Subsec. (a)(4). , substituted “$865” and “$165” for “$846” and “$162”, respectively.
2006—, provided that as of the enactment of , the amendments made by were deemed for all purposes not to have taken effect and that ceased to be in effect. See Amendment notes below and , set out as a Coordination of Provisions With note under .
Subsec. (a)(1). , substituted “$452” for “$438”.
, which substituted “$452” for “$438”, was terminated by . See Amendment notes above.
Subsec. (a)(2). , substituted “$649” for “$629”.
, which substituted “$649” for “$629”, was terminated by . See Amendment notes above.
Subsec. (a)(3). , substituted “$846” for “$819”.
, which substituted “$846” for “$819”, was terminated by . See Amendment notes above.
Subsec. (a)(4). , substituted “$846” and “$162” for “$819” and “$157”, respectively.
, which substituted “$846” and “$162” for “$819” and “$157”, respectively, was terminated by . See Amendment notes above.
2005—Subsec. (a)(1). , substituted “$438” for “$410”.
Subsec. (a)(2). , substituted “$629” for “$590”.
Subsec. (a)(3). , substituted “$819” for “$767”.
Subsec. (a)(4). , substituted “$819” and “$157” for “$767” and “$148”, respectively.
2004—Subsec. (a)(1). , substituted “$410” for “$402”.
Subsec. (a)(2). , substituted “$590” for “$578”.
Subsec. (a)(3). , substituted “$767” for “$752”.
Subsec. (a)(4). , substituted “$767” and “$148” for “$752” and “$145”, respectively.
2002—Subsec. (a)(1). , substituted “$402” for “$397”.
Subsec. (a)(2). , substituted “$578” for “$571”.
Subsec. (a)(3). , substituted “$752” for “$742”.
Subsec. (a)(4). , substituted “$752” and “$145” for “$742” and “$143”, respectively.
2001—Subsec. (a)(1). , substituted “$397” for “$373”.
Subsec. (a)(2). , substituted “$571” for “$538”.
Subsec. (a)(3). , substituted “$742” for “$699”.
Subsec. (a)(4). , substituted “$742” and “$143” for “$699” and “$136”, respectively.
1999—Subsec. (a)(1). , substituted “$373” for “$361”.
Subsec. (a)(2). , substituted “$538” for “$520”.
Subsec. (a)(3). , substituted “$699” for “$675”.
Subsec. (a)(4). , substituted “$699” and “$136” for “$675” and “$132”, respectively.
1997—Subsec. (a)(1). , substituted “$361” for “$327”.
Subsec. (a)(2). , substituted “$520” for “$471”.
Subsec. (a)(3). , substituted “$675” for “$610”.
Subsec. (a)(4). , substituted “$675” and “$132” for “$610” and “$120”, respectively.
1993—Subsec. (a)(1). , substituted “$327” for “$319”.
, substituted “$319” for “$310”.
Subsec. (a)(2). , substituted “$471” for “$460”.
, substituted “$460” for “$447”.
Subsec. (a)(3). , substituted “$610” for “$595”.
, substituted “$595” for “$578”.
Subsec. (a)(4). , substituted “$610” for “$595” and “$120” for “$117”.
, substituted “$595” for “$578” and “$117” for “$114”.
1991— renumbered as this section.
Subsec. (a)(1). , substituted “$310” for “$299”.
, substituted “$299” for “$284”.
Subsec. (a)(2). , substituted “$447” for “$431”.
, substituted “$431” for “$409”.
Subsec. (a)(3). , substituted “$578” for “$557”.
, substituted “$557” for “$529”.
Subsec. (a)(4). , substituted “$578” for “$557” and “$114” for “$110”.
, substituted “$557” for “$529” and “$110” for “$105”.
1989—Subsec. (a)(1). , substituted “$284” for “$271”.
Subsec. (a)(2). , substituted “$409” for “$391”.
Subsec. (a)(3). , substituted “$529” for “$505”.
Subsec. (a)(4). , substituted “$529” and “$105” for “$505” and “$100”, respectively.
1988—Subsec. (a)(1). , substituted “$271” for “$261”.
Subsec. (a)(2). , substituted “$391” for “$376”.
Subsec. (a)(3). , substituted “$505” for “$486”.
Subsec. (a)(4). , substituted “$505” and “$100” for “$486” and “$97”, respectively.
1987—Subsec. (a)(1). , substituted “$261” for “$251”.
Subsec. (a)(2). , substituted “$376” for “$361”.
Subsec. (a)(3). , substituted “$486” for “$467”.
Subsec. (a)(4). , substituted “$486” and “$97” for “$467” and “$94”, respectively.
1986—Subsec. (a). , amended directory language of . See 1984 Amendment notes below.
Subsec. (a)(1). , substituted “$251” for “$247”.
, substituted “$247” for “$240”.
Subsec. (a)(2). , substituted “$361” for “$356”.
, substituted “$356” for “$345”.
Subsec. (a)(3). , substituted “$467” for “$460”.
, substituted “$460” for “$446”.
Subsec. (a)(4). , substituted “$467” and “$94” for “$460” and “$93”, respectively.
, substituted “$460” and “$93” for “$446” and “$90”, respectively.
1984—Subsec. (a)(1). , as amended by , substituted “$240” for “$233”.
, substituted “$233” for “$225”.
Subsec. (a)(2). , as amended by , substituted “$345” for “$334”.
, substituted “$334” for “$323”.
Subsec. (a)(3). , as amended by , substituted “$446” for “$432”.
, substituted “$432” for “$417”.
Subsec. (a)(4). , as amended by , substituted “$446” and “$90” for “$432” and “$87”, respectively.
, substituted “$432” and “$87” for “$417” and “$84”, respectively.
1982—Subsec. (a)(1). , §§ 105(1), 107, 108, substituted “$225” for “$210”, and repealed amendment made by , eff. .
, (h), eff. , substituted “$209” for “$210”.
Subsec. (a)(2). , §§ 105(2), 107, 108, substituted “$323” for “$301”, and repealed amendment made by , eff. .
, (h), eff. , substituted “$300” for “$301”.
Subsec. (a)(3). , §§ 105(3), 107, 108, substituted “$417” for “$389”, and repealed amendment made by , eff. .
, (h), eff. , substituted “$388” for “$389”.
Subsec. (a)(4). , §§ 105(4), 107, 108, substituted “$417, plus $84” for “$389, plus $79”, and repealed amendments made by , eff. .
, (h), eff. , substituted “$388, plus $78” for “$389, plus $79”.
1981—, §§ 202, 204(a), designated existing provisions as subsec. (a) and, in subsec. (a) as so designated, substituted “$210”, “$301”, “$389”, and “$79” for “$189”, “$271”, “$350”, and “$71”, respectively, in pars. (1), (2), (3), and (4).
Subsec. (b). , added subsec. (b).
1980— substituted “$189”, “$271”, “$350”, “$350” and “$71” for “$165”, “$237”, “$306”, “$306” and “$62”, respectively, in pars. (1), (2), (3), and (4).
1979— substituted “$165”, “$237”, “$306”, “$306” and “$62” for “$150”, “$216”, “$278”, “278” and “$56”, in pars. (1), (2), (3), and (4), respectively.
1978— substituted “$150”, “$216”, “$278”, “$278” and “$56” for “$140”, “$201”, “$259”, “$259” and “$52”, in pars. (1), (2), (3), and (4), respectively.
1977— substituted “$140”, “$201”, “$259”, “$259”, and “$52” for “$131”, “$189”, “$243”, “$243”, and “$49”, in pars. (1), (2), (3), and (4), respectively.
1976— substituted “surviving spouse” for “widow” in introductory text and $131, $189, $243, $243, and $49 for $121, $175, $225, $225, and $45 in pars. (1), (2), (3), and (4), respectively.
1975— substituted $121, $175, $225, $225 and $45 for $108, $156, $201, $201 and $40 in pars. (1), (2), (3) and (4), respectively.
1974— substituted “$108”, “$156”, “$201”, “$201”, and “$40” for “$92”, “$133”, “$172”, “$172”, and “$34”, in pars. (1), (2), (3), and (4), respectively.
1971— substituted “$92”, “$133”, “$172”, and “$172” and “$34” for “$88”, “$127”, “$164” and “164” and “$32”, in pars. (1), (2), (3), and (4), respectively.
1970— substituted “$88”, “$127”, “$164”, and “$164” and “$32”, for “$80”, “$115”, “$149”, and “$149” and “$29”, in pars. (1), (2), (3), and (4), respectively.
1966— substituted “$80”, “$115”, “$149”, and “$29”, for “$77”, “$110”, “$143”, and “$143” and “$28”, in pars. (1), (2), (3), and (4), respectively.
1963— substituted “$77”, “$110”, “$143” and “28” for “$70”, “$100”, “$130” and “$25”, in pars. (1), (2), (3), and (4), respectively.
## Statutory Notes and Related Subsidiaries
### Effective Date of 2009 Amendment
Amendment by effective , see , set out as a note under .
### Effective Date of 2008 Amendment
Amendment by effective , see , set out as a note under .
### Effective Date of 2005 Amendment
Amendment by effective , see , set out as a note under .
### Effective Date of 2001 Amendment
Amendment by effective , see , set out as a note under .
### Effective Date of 1999 Amendment
Amendment by effective , see , set out as a note under .
### Effective Date of 1997 Amendment
Amendment by effective , see , set out as a note under .
### Effective Date of 1993 Amendment
Amendment by effective , see , set out as a note under .
### Effective Date of 1991 Amendments
Amendment by effective , see , set out as a note under .
Amendment by effective , see , set out as a note under .
### Effective Date of 1989 Amendment
Amendment by effective , see , set out as a note under .
### Effective Date of 1988 Amendment
Amendment by effective , see , set out as a note under .
### Effective Date of 1987 Amendment
Amendment by effective , see , set out as a note under .
### Effective Date of 1986 Amendments
Amendment by effective , but not effective unless benefit amounts payable under section 401 et seq. of Title 42, The Public Health and Welfare, are increased effective , as a result of a determination under , see , set out as a note under .
> “The amendments made by this section [amending this section and sections 524 and 525 [now 1524 and 1525] of this title and amending provisions set out as a note under
>
> ] shall take effect as if included in the Veterans’ Benefits Improvement Act of 1984 (
>
> ).”
, , , provided that:
Amendment by effective , see , set out as a note under .
### Effective Date of 1984 Amendments
Amendment by effective , see , set out as a note under .
Amendment by effective , see , set out as a note under .
### Effective Date of 1982 Amendment
Amendment by effective , see , set out as a note under .
### Effective Date of 1981 Amendment
Amendment by effective , see , set out as a note under .
### Effective Date of 1980 Amendment
Amendment by applicable only to payments for months beginning after , see , set out as a note under .
### Effective Date of 1979 Amendment
Amendment by effective , see , set out as a note under .
### Effective Date of 1978 Amendment
Amendment by effective , see , set out as a note under .
### Effective Date of 1977 Amendment
Amendment by effective , see , set out as a note under .
### Effective Date of 1976 Amendment
Amendment by effective , see , set out as a note under .
### Effective Date of 1975 Amendment
Amendment by effective , see , set out as a note under .
### Effective Date of 1974 Amendment
Amendment by effective , see , set out as a note under .
### Effective Date of 1971 Amendment
Amendment by effective , see , set out as a note under .
### Effective Date of 1970 Amendment
> “The amendments made by sections 2 and 3 of this Act [amending this section and section 414 [now 1314] of this title] shall become effective on the first day of the second calendar month following the month in which this Act is enacted [May 1970].”
, , , provided that:
### Effective Date of 1966 Amendment
Amendment by effective first day of second calendar month following , see , set out as a note under .
### Effective Date of 1963 Amendment
Amendment by effective first day of second calendar month beginning after , see , set out as a note under .
### Repeal
, , , cited as a credit to this section, was repealed by , §§ 107, 108, , , 1432, eff. .