Overview
In This Section |
This section contains the following topics:
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1. Processing and Maintaining Incoming REPS Applications
Introduction |
This topic contains information on processing and maintaining incoming REPS applications, including
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Change Date |
December 6, 2004
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IX.i.6.C.1.a. Responsibility for Establishing and Maintaining REPS Claims Folders |
The St. Louis Special Processing Unit (21Q) establishes and maintains all Restored Entitlement Program for Survivors (REPS) claims folders.
All VA Forms 21P-8924, Application of Surviving Spouse or Child for REPS Benefits (Restored Entitlement Program for Survivors), and related REPS material addressed to the St. Louis Regional Office (RO) are forwarded directly to the St. Louis Special Processing Unit (21Q).
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IX.i.6.C.1.b. How to Process Incoming REPS Applications |
Follow the steps in the table below to process all incoming VA Forms 21P-8924.
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IX.i.6.C.1.c. Proper Destruction of Photocopies of REPS Applications |
When the original application is returned or the control period expires, destroy the photocopy in accordance with the Records Control Schedule VB-1, Part I, Item 13-052.200.
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2. Establishing Relationship and Dependency for REPS Benefits
Introduction |
This topic contains information on establishing relationship and dependency for REPS benefits, including
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Change Date |
December 6, 2004
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IX.i.6.C.2.a. Determining Eligibility to REPS Benefits |
For information on eligibility to REPS benefits, see M21-1, Part IX, Subpart i, 6.A.2.
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IX.i.6.C.2.b. Determining Dependency by Applying the SSA Dependency Criteria |
Apply the Social Security Administration (SSA) dependency criteria set forth in the SSA Program Operations Manual System (POMS) procedures to determine if a person qualifies as a dependent under the REPS program.
The Department of Veterans Affairs (VA) accepts SSA decisions regarding dependency.
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IX.i.6.C.2.c. Filing a Claim With SSA |
A REPS claimant is not required to file a claim with SSA and failure to do so is nota bar to further processing of the REPS claim.
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IX.i.6.C.2.d. Advising Claimants to File a Claim With SSA |
If a REPS claimant is not receiving SSA benefits, but there appears to be possible entitlement under the SSA program, advise the claimant to file a claim with SSA.
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IX.i.6.C.2.e. Accepting Prior Dependency Decisions Made by SSA |
If a person previously denied benefits by SSA for failure to establish relationship files a REPS claim, VA must accept the prior decision made by SSA.
Notify the claimant that the REPS claim has been denied because the claimant, as a dependent, has not established entitlement to Social Security benefits, which the REPS program replaces. Include VA decision review rights.
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IX.i.6.C.2.f. SSA POMS References for Establishing Surviving Spouse Relationship |
Adjudicate a claimed surviving spouse relationship using the procedures contained in POMS Part RS, “Retirement and Survivors Insurance,”
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IX.i.6.C.2.g. SSA POMS References for Establishing Child Dependency and Relationship |
Adjudicate a child’s dependency and relationship using the procedure contained inPOMS Part RS, “Retirement and Survivors Insurance,” Chapter 002, “Benefits and Payments,” Subchapter 03, “Child’s Benefits.”
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3. Requesting an MBR From SSA
Introduction |
This topic contains information on requesting an MBR from SSA, including
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Change Date |
July 23, 2015 |
IX.i.6.C.3.a. When to Request an MBR |
Request a Master Beneficiary Record (MBR) from the local SSA District Office
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IX.i.6.C.3.b. How to Request an MBR |
Request the MBR by submitting a list containing Social Security numbers (SSNs) to the local SSA District Office using the routing “VAREPS.”
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IX.i.6.C.3.c. Maintaining Control of MBR Requests |
Maintain a five-workday control for both first and second requests for an MBR.
If there is no reply after submission of a second request, refer the case to the SSA District Office liaison for REPS claims. |
IX.i.6.C.3.d. Information in an MBR |
Normally, an MBR will be available from SSA and must contain the necessary information upon which payments can be made. |
4. Requesting an Earnings Record From SSA
Introduction |
This topic contains information on requesting an earnings record from SSA, including
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Change Date |
July 23, 2015
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IX.i.6.C.4.a. When to Request an Earnings Record |
If, in a new case, there have not been any prior claims for benefits filed with SSA, it may be necessary to submit a request to the SSA District Office for an
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IX.i.6.C.4.b. Definition: Lag Wages |
Lag wages are the deceased’s wages or earnings for the year of death and the two preceding years.
Note: These years normally have not yet been posted to the wage earner’s record.
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IX.i.6.C.4.c. Using SSA Form 450 to Request an Earnings Record |
Use SSA Form 450, Claims Input Data, to request a complete earnings record from SSA.
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IX.i.6.C.4.d. Completing Items on SSA-450 |
Use the table below to complete items on SSA-450 with the specified coding entry.
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IX.i.6.C.4.e. Forms Used by SSA to Provide Earnings Records |
SSA provides earnings records and other pertinent data on either of the following forms:
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5. Calculating the Monthly REPS Benefit for Claimants
Introduction |
This topic contains information on calculating the monthly REPS benefit for claimants, including
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Change Date |
November 21, 2006
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IX.i.6.C.5.a. REPS Monthly Benefit |
The REPS monthly benefit is the lesser of 75 percent of the
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IX.i.6.C.5.b. Computing a REPS PIA and a REPS Family Maximum Separately |
Compute the REPS PIA and the REPS Family Maximum separately for a surviving spouse/parent claimant and for a student claimant because the
Reference: For more information on legislative increases in benefits, see 38 CFR 3.812(b).
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IX.i.6.C.5.c. How to Calculate the REPS PIA and REPS Family Maximum |
Follow the steps in the table below to calculate the REPS PIA and REPS Family Maximum benefit.
Note: This calculation is performed automatically by the computer program if the information requested in Step 1 has been entered.
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IX.i.6.C.5.d. Paying the MSSR |
If the claimant is the sole survivor, pay the Minimum Sole Survivor Rate (MSSR) if it is greater than the original benefit rate and the wage earner was entitled prior to January 1, 1982.
Reference: For more information, see POMS RS 615.650.
Notes:
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IX.i.6.C.5.e. Applying Legislative Increases to Running Awards |
Any legislative increase for DIC will apply to REPS surviving spouse payees and any 38 U.S.C. Chapter 35 legislative increase will apply to REPS student payees.
Apply the percentage of these statutory increases of VA benefits to the REPS PIA and the REPS Family Maximum.
Note: This calculation is performed automatically by the computer program.
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IX.i.6.C.5.f. Deductions Affecting Payment of REPS Benefits |
REPS benefits are subject to the deductions listed below.
Reference: For more information on the limit on wages and self-employment earnings, see M21-1, Part IX, Subpart i, 6.C.9.
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IX.i.6.C.5.g. Offsets Affecting Payment of REPS Benefits |
The REPS gross benefit amount is subject to offset if the beneficiary is receiving
Notes:
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IX.i.6.C.5.h. Computing the REPS PIA and REPS Family Maximum |
If SSA has not computed the REPS PIA, VA’s computer system will automatically determine the REPS PIA and REPS Family Maximum.
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6. Withholding and Paying REPS Benefits for Other Potential Claimants
Introduction |
This topic contains information on withholding and paying REPS benefits for other potential claimants, including
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Change Date |
April 19, 2005
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IX.i.6.C.6.a. Considering the Existence of Potential Claimants |
When taking award action, consider the existence of any other potential claimant who appears to have entitlement to either REPS or SSA benefits, based on information from SSA’s MBR and VA’s Beneficiary Identification and Records Locator Subsystem. If dependency information of record indicates there is a potential claimant, compute the award as if the potential claimant were to be awarded benefits.
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IX.i.6.C.6.b. When to Withhold Benefits and Make Payments |
Withhold benefits in the following cases:
Make payment in these cases during the potential period of concurrent payment as if there were actually two schoolchild beneficiaries in receipt of payments.
Note: The withholding stays in effect until
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IX.i.6.C.6.c. Time Limits Relating to REPS Benefits Eligibility |
Under 38 CFR 3.812(f) there is no time limit for filing a claim for REPS benefits.
Under 38 CFR 3.652(b) there is no time limit for furnishing certification of continued benefit eligibility for purposes of reducing or eliminating an overpayment created due to an initial failure to furnish evidence of continued eligibility.
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IX.i.6.C.6.d. Payment of Available Difference When Withholding Has Not Been Made |
If another claimant files for benefits after an award has been made and there has been no prior withholding of benefits
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IX.i.6.C.6.e. Example of Making Payment When Withholding Has Not Been Made |
Situation: Two schoolchild beneficiaries are receiving REPS and an additional schoolchild establishes REPS entitlement retroactively. The first two schoolchildren have been receiving payment at 75 percent of the PIA, but with the additional child the Family Maximum must be applied.
Action:
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7. REPS Provisions for Effective Dates and School Provisions
Introduction |
This topic contains information on REPS provisions for effective dates and school provisions, including
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Change Date |
July 23, 2015
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IX.i.6.C.7.a. Effective Dates for Payment of REPS Benefits |
Upon the filing of a claim for REPS benefits, pay REPS benefits for all periods of eligibility beginning on or after the first day of the month in which the claimant becomes eligible.
Notes:
References: For more information on
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IX.i.6.C.7.b. Payment of REPS Benefits for Children |
Pay REPS benefits when an entitled child is enrolled in a post-secondary program as a full-time student and the school meets SSA’s approval requirements.
Do not pay REPS benefits for
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IX.i.6.C.7.c. When a School Approval Is Required |
A determination regarding school approval is necessary only if the
Reference: For more information on verification development, see POMS RS 00205.250.
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IX.i.6.C.7.d. When a School Is Considered Approved |
A school is approved if
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IX.i.6.C.7.e. Establishing Full-Time Attendance |
Certification by an official of a college or university that attendance is full-time according to the institution’s standards is sufficient to establish full-time attendance.
For non-college degree programs (technical, trade, or vocational schools), the student must be attending full-time by the school’s standards.
Note: Normally, 20 clock hours of attendance per week establishes full-time attendance for non-college degree programs.
Reference: For more information on full-time attendance, see
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8. Certification of School Attendance
Introduction |
This topic contains information on certification of school attendance, including
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Change Date |
April 17, 2019
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IX.i.6.C.8.a. Requirement of Certification of Attendance |
Certification of attendance by a school official is required at the beginning and end of each school year.
Certifications are normally sent to the student but must be returned by the school.
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IX.i.6.C.8.b. Payment During a Period of Nonattendance |
Award benefits before the beginning date of school attendance, based on the statement of the student on the application if
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IX.i.6.C.8.c. Controlling for Re-enrollment After a Period of Nonattendance |
To control for re-enrollment that is scheduled to begin after a period of nonattendance
Note: During the end of the month (EOM) in October, a system-generated listing is produced and mailed to the St. Louis RO showing active REPS student beneficiaries.
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IX.i.6.C.8.d. Certification When There Is an Active Chapter 35 Benefit Payment |
Follow the steps in the table below for handling certifications when there is an active Chapter 35 benefit payment being made to the claimant.
Note: The RO is provided a list of active REPS student beneficiaries during the EOM in October.
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IX.i.6.C.8.e. Certification When There Is No Active Chapter 35 Benefit Payment |
Follow the steps in the table below for handling certifications when there is no active Chapter 35 benefit payment being made to the claimant.
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IX.i.6.C.8.f. Certification at the End of the School Year |
Follow the steps in the table below for handling certifications at the end of the school year.
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IX.i.6.C.8.g. Process if Certification Is Not Received |
The table below describes the process when school certification has not been received.
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9. Limitations on Annual Wages and Earnings for REPS Eligibility
Introduction |
This topic contains information on the limitations on annual wages and earnings for REPS eligibility, including information on
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Change Date |
December 6, 2004
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IX.i.6.C.9.a. Setting Limits on the Annual Amount of Wages or Earnings |
REPS cases are subject to an annual wage/earnings test that sets a limit on the annual amount of wages or earnings.
Authorization must reduce or terminate payments if a beneficiary reports excessive wages. Reduce the REPS benefit by one dollar for every two dollars of wages over the annual limit.
Note: The annual wage limit is amended by law each year.
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IX.i.6.C.9.b. Requesting the Annual Report of Wages and Earnings |
The table below describes how to request the annual report of wages and earnings from beneficiaries.
Note: In cases where the earnings data is being reported to SSA and the data can be obtained from SSA, use the SSA earnings data in lieu of having the beneficiary file VA Form 21P-8941.
Example: Phase out student cases and spouse cases in which SSA has made payments during the year.
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IX.i.6.C.9.c. Using a Monthly Earnings Test During Grace Years |
A monthly earnings test can be used during grace years. The two grace years are the
Note: For schoolchild beneficiaries, any year can be a grace year.
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IX.i.6.C.9.d. Reasons to Use a Monthly Earnings Test |
Use the monthly earnings test
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IX.i.6.C.9.e. Determining Entitlement to REPS Benefits by Evaluating Monthly Earnings |
Determine entitlement by evaluating the beneficiary’s monthly earnings. The monthly earnings may result in a beneficiary’s REPS benefits either
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IX.i.6.C.9.f. Considering a Beneficiary’s Services in Self-Employment |
Consider if the claimant is engaged in substantial services in self-employment, if
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IX.i.6.C.9.g. Determining Substantial Employment |
When more than 45 hours are devoted to self-employment in a month, services are considered substantial.
When less than 15 hours are devoted to self-employment in a month, services arenot considered substantial.
Generally, if between 15 and 45 hours are devoted to self-employment, services are considered substantial if the beneficiary is involved in a highly skilled occupation or the management of a sizable business.
Note: A special determination of REPS eligibility is required when a beneficiary reports
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IX.i.6.C.9.h. Considering a Beneficiary’s Foreign Earnings |
When a beneficiary reports foreign earnings, apply the procedure described inPOMS RS 2605.
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10. Preparing REPS Awards and Denials
Introduction |
This topic contains information on preparing REPS awards and denials, including information on
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Change Date |
April 17, 2019
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IX.i.6.C.10.a. Completing Award Action |
Prepare initial and supplemental awards in original only unless a copy is required because the claimant has a fiduciary payee.
Notes:
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IX.i.6.C.10.b. Completing Award Action |
When completing REPS award action in the PC program
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IX.i.6.C.10.c. Responsibilities of the Authorization Activity |
The authorization activity is responsible for
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IX.i.6.C.10.d. Responsibilities of the Finance Activity |
The finance activity is responsible for inputting
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IX.i.6.C.10.e. Finance Activity Award Action Procedures |
The table below describes the finance activity’s award action process.
Note: Input by one clerk and review by another clerk is mandatory because information entered on the Q01 and Q02 screens does not require authorization such as CAUT or FAUT.
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IX.i.6.C.10.f. Establishing REPS Accounts Receivable |
The St. Louis RO is responsible for
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IX.i.6.C.10.g. Preparing Denials |
REPS denials are prepared by a VSR and approved by a Senior VSR. Prepare denials in the PC program and file the authorized denial in the REPS claims folder.
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IX.i.6.C.10.h. Completing Denial Action |
When completing denial action in the PC program
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IX.i.6.C.10.i. Notifying Claimants of Decisions |
After awarding or denying entitlement to REPS benefits, issue the claimant a decision notice that
Reference: For more information on required elements of a decision notice, seeM21-1, Part III, Subpart v, 2.B.1.b.
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IX.i.6.C.10.j. Handling Disagreements Based on Prior SSA Dependency Determinations |
Follow the steps in the table below when a claimant submits a legacy notice of disagreement (NOD) or request for decision review under 38 CFR 3.2500, regarding denial of a REPS claim based on a prior SSA determination on dependency.
Reference: For information on handling a legacy NOD regarding denial of a claim for other reasons, such as marriage or full-time wages, see M21-1, Part I, 5.B.
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11. Exhibit 1: REPS Change Reason Codes for Awards
Change Date |
December 6, 2004
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IX.i.6.C.11.a. REPS Change Reason Codes for Awards |
This exhibit contains the REPS change reason codes for awards.
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12. Exhibit 2: REPS Change Reason Codes for Denials
Change Date |
December 6, 2004
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IX.i.6.C.12.a. REPS Change Reason Codes for Denial |
This exhibit contains the REPS change reason codes.
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Historical_M21-1IX_i_6_SecC_7-23-15.doc | May 19, 2019 | 344 KB |
4-17-19_Key-Changes_M21-1IX_i_6_SecC.docx | May 19, 2019 | 86 KB |
Historical_M21-1IX_i_6_SecC_11-21-2006.docx | May 19, 2019 | 71 KB |
Change-July-23-2015-Transmittal-Sheet-M21-1IX_i_6_SecC_TS.docx | May 19, 2019 | 41 KB |
in Chapter 6 Restored Entitlement Program For Survivors (REPS), Part IX Ancillary and Special Benefits, Subpart i Ancillary Benefits
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