Overview
In This Section |
This section contains the following topics:
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1. Award Information for the Special Allowance Under 39 U.S.C. 1312(a)
Introduction |
This topic contains award information for the special allowance under 38 U.S.C. 1312(a), including
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Change Date |
July 19, 2015
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IX.ii.1.D.1.a. General Award Information for the Special Allowance Award Under 38 U.S.C. 1312(a) |
Refer to the table below for general award information for the special allowance payable under 38 U.S.C. 1312(a).
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IX.ii.1.D.1.b. Determining Ending Dates for Awards Involving a Child or Children |
Use the table below to determine the ending dates for awards involving a child or children.
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IX.ii.1.D.1.c. New Awards Under 38 U.S.C. 1312(a) |
All running awards for the special allowance under 38 U.S.C. 1312(a) have been converted from the Benefits Delivery Network (BDN) to the Veterans Service Network (VETSNET).
New awards under 38 U.S.C. 1312(a) are rare. For additional information on starting a new award under 38 U.S.C. 1312(a) in VETSNET, contact Pension & Fiduciary (P&F) Service by e-mail at VAVBAWAS/CO/PENSION POL & PROC.
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IX.ii.1.D.1.d. Entering Award Data for a Running Award Under 38 U.S.C. 1312(a) |
Use the table below to enter award data in VETSNET for running awards of the special allowance payable under 38 U.S.C. 1312(a)
Reference: For more on VETSNET awards, see the VETSNET Awards User Guide.
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2. Sending Notification of the Original 38 U.S.C. 1312(a) Award
Introduction |
This topic contains information on sending notification of the original 38 U.S.C. 1312(a) award, including information on
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Change Date |
July 19, 2015
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3. Handling Death of the Claimant Before 38 U.S.C. 1312(a) Payment Is Made
Change Date |
November 16, 2004
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IX.ii.1.D.3.a. Handling Death of the Claimant |
Use the table below to determine what action is needed if the claimant dies before or after certification, but before 38 U.S.C. 1312 (a) payment is made.
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4. Determining Children’s Awards
Introduction |
This topic contains information on determining children’s 38 U.S.C. 1312(a) awards, including
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Change Date |
February 3, 2011
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IX.ii.1.D.4.b. Payment of the Child’s Award When the Spouse’s Payments Are Discontinued |
If payments to a surviving spouse are discontinued because of excessive earnings as certified by SSA, authorize payment of the share for each child, as certified by SSA on SSA Form 101, SSA Form 101C, SSA Form 101U3, or SSA Form 656,Information as to Continuing Eligibility Under Title 38 U.S.C., Section 412, Veterans Benefits, to a
Unless the SSA certifies otherwise, continue payments until the youngest child reaches age 18.
Reference: For more information on continuing payments until the youngest child reaches age 18, see M21-1, Part IX, Subpart ii, 1.D.7.
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IX.ii.1.D.4.c.Payment When the Surviving Spouse’s Payments Are Resumed |
If the surviving spouse again becomes entitled, make a separate award to the surviving spouse even though the children are in custody.
Notify both the surviving spouse and the parent under 38 CFR. 3.850(c) or fiduciary for each child that if, at any time, a child is no longer in the custody of the surviving spouse, VA and the SSA must be informed immediately.
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5. Discontinuing Payments
Introduction |
This topic contains information on discontinuing 38 U.S.C. 1312(a) payments, including information on
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Change Date |
November 16, 2004
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IX.ii.1.D.5.a. Temporary Suspension of Payments by VA |
VA may temporarily suspend payments, pending a final determination by the SSA, on receipt of any of the following notices:
Note: When payments to a surviving spouse are being terminated because a child under age 18 or helpless is no longer in custody, include in the letter to the payee notice of potential entitlement at age 60 upon the filing of a new application.
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IX.ii.1.D.5.b.Termination of Payments by the SSA |
The SSA
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IX.ii.1.D.5.c. Action Initiated by VA to Suspend Payments |
Follow the steps in the table below to suspend payments on receipt of the notices described in M21-1, Part IX, Subpart ii, 1.D.5.a.
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IX.ii.1.D.5.d. Action Taken by VA to Notify the Payee of Termination of Payments |
Follow the steps in the table below to notify the payee of termination of payments upon authorization by the SSA.
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6. Reinstating 38 U.S.C. 1312(a) Benefits
Change Date |
November 16, 2004
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IX.ii.1.D.6.a. Process to Reinstate Benefits |
The table below describes the process to reinstate 38 U.S.C. 1312(a) benefits.
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7. Terminating 38 U.S.C. 1312(a) Payments for Children Reaching Age 18
Introduction |
This topic contains information on terminating 38 U.S.C. 1312(a) payments for children reaching age 18, including information on
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Change Date |
November 16, 2004
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IX.ii.1.D.7.a. Hines ITC Message Six Months Prior to the Child’s 18thBirthday |
Six months prior to the child’s 18th birthday, the Hines Information Technology Center (ITC) furnishes Msg. Code 688, Child Reaching Age 18 Special Allowance SEC 1312(A).
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IX.ii.1.D.7.b. VA Notice to the SSA on the Child’s Approaching 18th Birthday |
Six months in advance of the 18th birthday of each child for whom payments are being made under 38 U.S.C. 1312(a), VA
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IX.ii.1.D.7.c. Action Taken by the SSA Upon Receipt of VA Notice of a Child’s Approaching 18th Birthday |
Upon receipt of the notice sent by VA, SSA furnishes VA with the following:
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IX.ii.1.D.7.d. Action Taken by VA on Receipt of the Certification from the SSA |
Follow the steps in the table below when the SSA furnishes the appropriate letter and the amended certification.
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8. Handling Appeals
Change Date |
April 19, 2005
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IX.ii.1.D.8.a. Following Appeal Procedures |
Follow the usual appeal procedures if a notice of disagreement (NOD) with a determination made by VA is received.
Refer any protests regarding determinations made by the SSA to the servicing SSA PSC and inform the claimant of the referral.
References: For more information on
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Historical_M21-1IX_ii_1_SecD_7-19-15.doc | May 19, 2019 | 136 KB |
5-3-19_Key-Changes_M21-1IX_ii_1_SecD.docx | May 19, 2019 | 54 KB |
Change-July-19-2015-Transmittal-Sheet-M21-1IX_ii_1_SecD_TS.docx | May 19, 2019 | 40 KB |
Transmittal-04_19_05.doc | May 19, 2019 | 34 KB |
Transmittal-11_16_04.doc | May 19, 2019 | 24 KB |
Transmittal-pt09_sp02_TS_02-08-11.doc | May 19, 2019 | 49 KB |
in Chapter 1 Special Allowance Under 38 U.S.C. 1312 (a) and Medal of Honor Pension, Part IX Ancillary and Special Benefits, Subpart ii Special Benefits
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