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38 USC § 1314 - Supplemental dependency and indemnity compensation to children

---
identifier: "/us/usc/t38/s1314"
source: "usc"
legal_status: "official_legal_evidence"
title: "38 USC § 1314 - Supplemental dependency and indemnity compensation to children"
title_number: 38
title_name: "VETERANS’ BENEFITS"
section_number: "1314"
section_name: "Supplemental dependency and indemnity compensation to children"
chapter_number: 13
chapter_name: "DEPENDENCY AND INDEMNITY COMPENSATION FOR SERVICE-CONNECTED DEATHS"
subchapter_number: "II"
subchapter_name: "DEPENDENCY AND INDEMNITY COMPENSATION"
part_number: "II"
part_name: "GENERAL BENEFITS"
positive_law: true
currency: "119-84"
last_updated: "2026-04-21"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1128, § 414; Pub. L. 88–21, § 3, May 15, 1963, 77 Stat. 17; Pub. L. 89–311, § 2(c)(2), Oct. 31, 1965, 79 Stat. 1155; Pub. L. 89–730, § 5, Nov. 2, 1966, 80 Stat. 1159; Pub. L. 91–262, § 3, May 21, 1970, 84 Stat. 256; Pub. L. 92–197, § 3, Dec. 15, 1971, 85 Stat. 661; Pub. L. 93–295, title II, § 203, May 31, 1974, 88 Stat. 183; Pub. L. 94–71, title II, § 203, Aug. 5, 1975, 89 Stat. 397; Pub. L. 94–433, title II, § 203, title IV, § 405(10), Sept. 30, 1976, 90 Stat. 1376, 1380; Pub. L. 95–117, title II, § 203, Oct. 3, 1977, 91 Stat. 1065; Pub. L. 95–479, title II, § 203, Oct. 18, 1978, 92 Stat. 1563; Pub. L. 96–128, title II, § 203, Nov. 28, 1979, 93 Stat. 985; Pub. L. 96–385, title II, § 203, Oct. 7, 1980, 94 Stat. 1530; Pub. L. 97–66, title II, § 203, Oct. 17, 1981, 95 Stat. 1029; Pub. L. 97–253, title IV, § 405(g), Sept. 8, 1982, 96 Stat. 804; Pub. L. 97–306, title I, §§ 106, 107, Oct. 14, 1982, 96 Stat. 1431; Pub. L. 98–223, title I, § 106, Mar. 2, 1984, 98 Stat. 39; Pub. L. 98–543, title I, § 106, Oct. 24, 1984, 98 Stat. 2737; Pub. L. 99–238, title I, § 106, Jan. 13, 1986, 99 Stat. 1767; Pub. L. 99–576, title I, § 106, Oct. 28, 1986, 100 Stat. 3252; Pub. L. 100–227, title I, § 106, Dec. 31, 1987, 101 Stat. 1555; Pub. L. 100–687, div. B, title XI, § 1105(b), Nov. 18, 1988, 102 Stat. 4124; Pub. L. 101–237, title I, § 105(b), Dec. 18, 1989, 103 Stat. 2064; Pub. L. 102–3, § 6(b), Feb. 6, 1991, 105 Stat. 9; renumbered § 1314, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102–152, § 6(b), Nov. 12, 1991, 105 Stat. 987; Pub. L. 103–78, § 5(b), Aug. 13, 1993, 107 Stat. 769; Pub. L. 103–140, § 6(b), Nov. 11, 1993, 107 Stat. 1487; Pub. L. 105–98, § 6(b), Nov. 19, 1997, 111 Stat. 2157; Pub. L. 106–118, § 6(b), Nov. 30, 1999, 113 Stat. 1603; Pub. L. 107–94, § 6(b), Dec. 21, 2001, 115 Stat. 902; Pub. L. 107–330, title III, § 309(e)(2), Dec. 6, 2002, 116 Stat. 2831; Pub. L. 108–454, title III, § 307(e)(2), Dec. 10, 2004, 118 Stat. 3614; Pub. L. 109–111, § 2(e)(2), Nov. 22, 2005, 119 Stat. 2364; Pub. L. 109–444, § 9(e)(2), Dec. 21, 2006, 120 Stat. 3315; Pub. L. 109–461, title X, §§ 1005(e)(2), 1006(b), Dec. 22, 2006, 120 Stat. 3468; Pub. L. 110–324, § 3(e)(2), Sept. 24, 2008, 122 Stat. 3552; Pub. L. 111–37, § 3(e)(2), June 30, 2009, 123 Stat. 1930.)"
---

# § 1314. Supplemental dependency and indemnity compensation to children

**(a)** In the case of a child entitled to dependency and indemnity compensation who has attained the age of eighteen and who, while under such age, became permanently incapable of self-support, the dependency and indemnity compensation paid monthly to such child shall be increased by $286.

**(b)** If dependency and indemnity compensation is payable monthly to a person as a surviving spouse and there is a child (of such person’s deceased spouse) who has attained the age of eighteen and who, while under such age, became permanently incapable of self-support, dependency and indemnity compensation shall be paid monthly to each such child, concurrently with the payment of dependency and indemnity compensation to the surviving spouse, in the amount of $488.

**(c)** If dependency and indemnity compensation is payable monthly to a person as a surviving spouse and there is a child (of such person’s deceased spouse), who has attained the age of eighteen and who, while under the age of twenty-three, is pursuing a course of instruction at an educational institution approved under section 104 of this title, dependency and indemnity compensation shall be paid monthly to each such child, concurrently with the payment of dependency and indemnity compensation to the surviving spouse, in the amount of $243.

---

**Source Credit**: (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1128, § 414; Pub. L. 88–21, § 3, May 15, 1963, 77 Stat. 17; Pub. L. 89–311, § 2(c)(2), Oct. 31, 1965, 79 Stat. 1155; Pub. L. 89–730, § 5, Nov. 2, 1966, 80 Stat. 1159; Pub. L. 91–262, § 3, May 21, 1970, 84 Stat. 256; Pub. L. 92–197, § 3, Dec. 15, 1971, 85 Stat. 661; Pub. L. 93–295, title II, § 203, May 31, 1974, 88 Stat. 183; Pub. L. 94–71, title II, § 203, Aug. 5, 1975, 89 Stat. 397; Pub. L. 94–433, title II, § 203, title IV, § 405(10), Sept. 30, 1976, 90 Stat. 1376, 1380; Pub. L. 95–117, title II, § 203, Oct. 3, 1977, 91 Stat. 1065; Pub. L. 95–479, title II, § 203, Oct. 18, 1978, 92 Stat. 1563; Pub. L. 96–128, title II, § 203, Nov. 28, 1979, 93 Stat. 985; Pub. L. 96–385, title II, § 203, Oct. 7, 1980, 94 Stat. 1530; Pub. L. 97–66, title II, § 203, Oct. 17, 1981, 95 Stat. 1029; Pub. L. 97–253, title IV, § 405(g), Sept. 8, 1982, 96 Stat. 804; Pub. L. 97–306, title I, §§ 106, 107, Oct. 14, 1982, 96 Stat. 1431; Pub. L. 98–223, title I, § 106, Mar. 2, 1984, 98 Stat. 39; Pub. L. 98–543, title I, § 106, Oct. 24, 1984, 98 Stat. 2737; Pub. L. 99–238, title I, § 106, Jan. 13, 1986, 99 Stat. 1767; Pub. L. 99–576, title I, § 106, Oct. 28, 1986, 100 Stat. 3252; Pub. L. 100–227, title I, § 106, Dec. 31, 1987, 101 Stat. 1555; Pub. L. 100–687, div. B, title XI, § 1105(b), Nov. 18, 1988, 102 Stat. 4124; Pub. L. 101–237, title I, § 105(b), Dec. 18, 1989, 103 Stat. 2064; Pub. L. 102–3, § 6(b), Feb. 6, 1991, 105 Stat. 9; renumbered § 1314, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102–152, § 6(b), Nov. 12, 1991, 105 Stat. 987; Pub. L. 103–78, § 5(b), Aug. 13, 1993, 107 Stat. 769; Pub. L. 103–140, § 6(b), Nov. 11, 1993, 107 Stat. 1487; Pub. L. 105–98, § 6(b), Nov. 19, 1997, 111 Stat. 2157; Pub. L. 106–118, § 6(b), Nov. 30, 1999, 113 Stat. 1603; Pub. L. 107–94, § 6(b), Dec. 21, 2001, 115 Stat. 902; Pub. L. 107–330, title III, § 309(e)(2), Dec. 6, 2002, 116 Stat. 2831; Pub. L. 108–454, title III, § 307(e)(2), Dec. 10, 2004, 118 Stat. 3614; Pub. L. 109–111, § 2(e)(2), Nov. 22, 2005, 119 Stat. 2364; Pub. L. 109–444, § 9(e)(2), Dec. 21, 2006, 120 Stat. 3315; Pub. L. 109–461, title X, §§ 1005(e)(2), 1006(b), Dec. 22, 2006, 120 Stat. 3468; Pub. L. 110–324, § 3(e)(2), Sept. 24, 2008, 122 Stat. 3552; Pub. L. 111–37, § 3(e)(2), 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

### Amendments

2009—Subsec. (a). , substituted “$286” for “$271”.

Subsec. (b). , substituted “$488” for “$462”.

Subsec. (c). , substituted “$243” for “$230”.

2008—Subsec. (a). , substituted “$271” for “$265”.

Subsec. (b). , substituted “$462” for “$452”.

Subsec. (c). , substituted “$230” for “$225”.

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). , substituted “$265” for “$257”.

, which substituted “$265” for “$257”, was terminated by . See Amendment notes above.

Subsec. (b). , substituted “$452” for “$438”.

, which substituted “$452” for “$438”, was terminated by . See Amendment notes above.

Subsec. (c). , substituted “$225” for “$218”.

, which substituted “$225” for “$218”, was terminated by . See Amendment notes above.

2005—Subsec. (a). , substituted “$257” for “$241”.

Subsec. (b). , substituted “$438” for “$410”.

Subsec. (c). , substituted “$218” for “$205”.

2004—Subsec. (a). , substituted “$241” for “$237”.

Subsec. (b). , substituted “$410” for “$402”.

Subsec. (c). , substituted “$205” for “$201”.

2002—Subsec. (a). , substituted “$237” for “$234”.

Subsec. (b). , substituted “$402” for “$397”.

Subsec. (c). , substituted “$201” for “$199”.

2001—Subsec. (a). , substituted “$234” for “$222”.

Subsec. (b). , substituted “$397” for “$373”.

Subsec. (c). , substituted “$199” for “$188”.

1999—Subsec. (a). , substituted “$222” for “$215”.

Subsec. (b). , substituted “$373” for “$361”.

Subsec. (c). , substituted “$188” for “$182”.

1997—Subsec. (a). , substituted “$215” for “$195”.

Subsec. (b). , substituted “$361” for “$327”.

Subsec. (c). , substituted “$182” for “$166”.

1993—Subsec. (a). , substituted “$195” for “$191”.

, substituted “$191” for “$185”.

Subsec. (b). , substituted “$327” for “$319”.

, substituted “$319” for “$310”.

Subsec. (c). , substituted “$166” for “$162”.

, substituted “$162” for “$157”.

1991— renumbered  as this section.

Subsec. (a). , substituted “$185” for “$178”.

, substituted “$178” for “$169”.

Subsec. (b). , substituted “$310” for “$299”.

, substituted “$299” for “$284”.

Subsec. (c). , substituted “$157” for “$151”.

, substituted “$151” for “$144”.

1989—Subsec. (a). , substituted “$169” for “$161”.

Subsec. (b). , substituted “$284” for “$271”.

Subsec. (c). , substituted “$144” for “$138”.

1988—Subsec. (a). , substituted “$161” for “$155”.

Subsec. (b). , substituted “$271” for “$261”.

Subsec. (c). , substituted “$138” for “$133”.

1987—Subsec. (a). , substituted “$155” for “$149”.

Subsec. (b). , substituted “$261” for “$251”.

Subsec. (c). , substituted “$133” for “$128”.

1986—Subsec. (a). , substituted “$149” for “$147”.

, substituted “$147” for “$143”.

Subsec. (b). , substituted “$251” for “$247”.

, substituted “$247” for “$240”.

Subsec. (c). , substituted “$128” for “$126”.

, substituted “$126” for “$122”.

1984—Subsec. (a). , substituted “$143” for “$139”.

, substituted “$139” for “$134”.

Subsec. (b). , substituted “$240” for “$233”.

, substituted “$233” for “$225”.

Subsec. (c). , substituted “$122” for “$118”.

, substituted “$118” for “$114”.

1982—Subsec. (a). , §§ 106(1), 107, 108, substituted “$134” for “$125”, and repealed amendment made by , eff. .

, (h), eff. , substituted “$124” for “$125”.

Subsec. (b). , §§ 106(2), 107, 108, substituted “$225” for “$210”, and repealed amendment made by , eff. .

, (h), eff. , substituted “$209” for “$210”.

Subsec. (c). , §§ 106(3), 107, 108, substituted “$114” for “$107”, and repealed amendment made by , eff. .

, (h), eff. , substituted “$106” for “$107”.

1981—Subsec. (a). , substituted “$125” for “$112”.

Subsec. (b). , substituted “$210” for “$189”.

Subsec. (c). , substituted “$107” for “$96”.

1980—Subsec. (a). , substituted “$112” for “$98”.

Subsec. (b). , substituted “$189” for “$165”.

Subsec. (c). , substituted “$96” for “$84”.

1979—Subsec. (a). , substituted “$98” for “$89”.

Subsec. (b). , substituted “$165” for “$150”.

Subsec. (c). , substituted “$84” for “$76”.

1978—Subsec. (a). , substituted “$89” for “$83”.

Subsec. (b). , substituted “$150” for “$140”.

Subsec. (c). , substituted “$76” for “$71”.

1977—Subsec. (a). , substituted “$83” for “$78”.

Subsec. (b).  substituted “$140” for “$131”.

Subsec. (c). , substituted “$71” for “$67”.

1976—Subsec. (a). , §§ 203(1), 405(10), substituted “$78” for “$72” and “such child” for “him”.

Subsec. (b). , §§ 203(2), 405(10), substituted “$131” for “$121” and “person” for “woman”, “surviving spouse” for “widow” and “such person’s deceased spouse” for “her deceased husband” wherever appearing.

Subsec. (c). , §§ 203(3), 405(10), substituted “$67” for “$62” and “person” for “woman”, “surviving spouse” for “widow” and “such person’s deceased spouse” for “her deceased husband” wherever appearing.

1975—Subsec. (a). , substituted “$72” for “$64”.

Subsec. (b). , substituted “$121” for “$108”.

Subsec. (c). , substituted “$62” for “$55”.

1974—Subsec. (a). , substituted “$64” for “55”.

Subsec. (b). , substituted “$108” for “$92”.

Subsec. (c). , 203(c), substituted “$55” for “$47”.

1971—Subsec. (a). , substituted “$55” for “$32”.

Subsec. (b). , substituted “$92” for “$88”.

Subsec. (c). , substituted “$47” for “$45”.

1970—Subsec. (a). , substituted “$32” for “$29”.

Subsec. (b). , substituted “$88” for “$80”.

Subsec. (c). , substituted “$45” for “$41”.

1966—Subsec. (a). , substituted “$29” for “$28”.

Subsec. (b). , substituted “$80” for “$77”.

Subsec. (c). , substituted “41” for “39”.

1965—Subsec. (c).  substituted “twenty-three” for “twenty-one”.

1963—Subsec. (a). , substituted “$28” for “$25”.

Subsec. (b). , substituted “$77” for “$70”.

Subsec. (c). , substituted “$39” for “$35”.

## 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 .

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

Amendment by  effective first day of second calendar month following May 1970, see , set out as a note under .

### 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 1965 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. .