US Code

Public Law 119-73 (01/23/2026)

38 U.S.C. § 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.

Pub. L. 85–85772 Stat. 1128Pub. L. 88–21, § 277 Stat. 17Pub. L. 89–730, § 480 Stat. 1159Pub. L. 91–262, § 284 Stat. 256Pub. L. 92–197, § 285 Stat. 660Pub. L. 93–295, title II, § 20288 Stat. 182Pub. L. 94–71, title II, § 20289 Stat. 397Pub. L. 94–433, title II, § 20290 Stat. 1376Pub. L. 95–117, title II, § 20291 Stat. 1065Pub. L. 95–479, title II, § 20292 Stat. 1563Pub. L. 96–128, title II, § 20293 Stat. 985Pub. L. 96–385, title II, § 20294 Stat. 1530Pub. L. 97–66, title II95 Stat. 1029Pub. L. 97–253, title IV, § 405(f)96 Stat. 804Pub. L. 97–306, title I96 Stat. 1431Pub. L. 98–223, title I, § 10598 Stat. 39Pub. L. 98–543, title I, § 10598 Stat. 2737Pub. L. 99–238, title I, § 10599 Stat. 1767Pub. L. 99–576, title I, § 105100 Stat. 3252Pub. L. 100–227, title I, § 105101 Stat. 1554Pub. L. 100–687, div. B, title XI, § 1105(a)102 Stat. 4124Pub. L. 101–237, title I, § 105(a)103 Stat. 2064Pub. L. 102–3, § 6(a)105 Stat. 9Pub. L. 102–83, § 5(a)105 Stat. 406Pub. L. 102–152, § 6(a)105 Stat. 987Pub. L. 103–78, § 5(a)107 Stat. 768Pub. L. 103–140, § 6(a)107 Stat. 1487Pub. L. 105–98, § 6(a)111 Stat. 2157Pub. L. 106–118, § 6(a)113 Stat. 1603Pub. L. 107–94, § 6(a)115 Stat. 902Pub. L. 107–330, title III, § 309(e)(1)116 Stat. 2831Pub. L. 108–454, title III, § 307(e)(1)118 Stat. 3614Pub. L. 109–111, § 2(e)(1)119 Stat. 2364Pub. L. 109–444, § 9(e)(1)120 Stat. 3315Pub. L. 109–461, title X120 Stat. 3468Pub. L. 110–324, § 3(e)(1)122 Stat. 3552Pub. L. 111–37, § 3(e)(1)123 Stat. 1930(, , , § 413; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , §§ 202, 204(a), , ; , , ; , §§ 105, 107, , ; , , ; , , ; , , ; , title VII, § 703(a)(1), , , 3302; , , ; , , ; , , ; , , ; renumbered § 1313, , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , §§ 1005(e)(1), 1006(b), , ; , , ; , , .)

Disability Compensation and Dependency and Indemnity Compensation Rate Increases

section 1114 of this titleFor increases in rates of Department of Veterans Affairs disability compensation and dependency and indemnity compensation, see notes set out under .

Editorial Notes

Codification

section 105 of Pub. L. 99–576section 105 of Pub. L. 99–238section 105 of Pub. L. 98–223Amendments 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

Pub. L. 111–37, § 3(e)(1)(A)2009—Subsec. (a)(1). , substituted “$488” for “$462”.

Pub. L. 111–37, § 3(e)(1)(B)Subsec. (a)(2). , substituted “$701” for “$663”.

Pub. L. 111–37, § 3(e)(1)(C)Subsec. (a)(3). , substituted “$915” for “$865”.

Pub. L. 111–37, § 3(e)(1)(D)Subsec. (a)(4). , substituted “$915” and “$174” for “$865” and “$165”, respectively.

Pub. L. 110–324, § 3(e)(1)(A)2008—Subsec. (a)(1). , substituted “$462” for “$452”.

Pub. L. 110–324, § 3(e)(1)(B)Subsec. (a)(2). , substituted “$663” for “$649”.

Pub. L. 110–324, § 3(e)(1)(C)Subsec. (a)(3). , substituted “$865” for “$846”.

Pub. L. 110–324, § 3(e)(1)(D)Subsec. (a)(4). , substituted “$865” and “$165” for “$846” and “$162”, respectively.

Pub. L. 109–461, § 1006(b)Pub. L. 109–461Pub. L. 109–444Pub. L. 109–444section 1006(b) of Pub. L. 109–461Pub. L. 109–444section 101 of this title2006—, 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 .

Pub. L. 109–461, § 1005(e)(1)(A)Subsec. (a)(1). , substituted “$452” for “$438”.

Pub. L. 109–444, § 9(e)(1)(A)Pub. L. 109–461, § 1006(b), which substituted “$452” for “$438”, was terminated by . See Amendment notes above.

Pub. L. 109–461, § 1005(e)(1)(B)Subsec. (a)(2). , substituted “$649” for “$629”.

Pub. L. 109–444, § 9(e)(1)(B)Pub. L. 109–461, § 1006(b), which substituted “$649” for “$629”, was terminated by . See Amendment notes above.

Pub. L. 109–461, § 1005(e)(1)(C)Subsec. (a)(3). , substituted “$846” for “$819”.

Pub. L. 109–444, § 9(e)(1)(C)Pub. L. 109–461, § 1006(b), which substituted “$846” for “$819”, was terminated by . See Amendment notes above.

Pub. L. 109–461, § 1005(e)(1)(D)Subsec. (a)(4). , substituted “$846” and “$162” for “$819” and “$157”, respectively.

Pub. L. 109–444, § 9(e)(1)(D)Pub. L. 109–461, § 1006(b), which substituted “$846” and “$162” for “$819” and “$157”, respectively, was terminated by . See Amendment notes above.

Pub. L. 109–111, § 2(e)(1)(A)2005—Subsec. (a)(1). , substituted “$438” for “$410”.

Pub. L. 109–111, § 2(e)(1)(B)Subsec. (a)(2). , substituted “$629” for “$590”.

Pub. L. 109–111, § 2(e)(1)(C)Subsec. (a)(3). , substituted “$819” for “$767”.

Pub. L. 109–111, § 2(e)(1)(D)Subsec. (a)(4). , substituted “$819” and “$157” for “$767” and “$148”, respectively.

Pub. L. 108–454, § 307(e)(1)(A)2004—Subsec. (a)(1). , substituted “$410” for “$402”.

Pub. L. 108–454, § 307(e)(1)(B)Subsec. (a)(2). , substituted “$590” for “$578”.

Pub. L. 108–454, § 307(e)(1)(C)Subsec. (a)(3). , substituted “$767” for “$752”.

Pub. L. 108–454, § 307(e)(1)(D)Subsec. (a)(4). , substituted “$767” and “$148” for “$752” and “$145”, respectively.

Pub. L. 107–330, § 309(e)(1)(A)2002—Subsec. (a)(1). , substituted “$402” for “$397”.

Pub. L. 107–330, § 309(e)(1)(B)Subsec. (a)(2). , substituted “$578” for “$571”.

Pub. L. 107–330, § 309(e)(1)(C)Subsec. (a)(3). , substituted “$752” for “$742”.

Pub. L. 107–330, § 309(e)(1)(D)Subsec. (a)(4). , substituted “$752” and “$145” for “$742” and “$143”, respectively.

Pub. L. 107–94, § 6(a)(1)2001—Subsec. (a)(1). , substituted “$397” for “$373”.

Pub. L. 107–94, § 6(a)(2)Subsec. (a)(2). , substituted “$571” for “$538”.

Pub. L. 107–94, § 6(a)(3)Subsec. (a)(3). , substituted “$742” for “$699”.

Pub. L. 107–94, § 6(a)(4)Subsec. (a)(4). , substituted “$742” and “$143” for “$699” and “$136”, respectively.

Pub. L. 106–118, § 6(a)(1)1999—Subsec. (a)(1). , substituted “$373” for “$361”.

Pub. L. 106–118, § 6(a)(2)Subsec. (a)(2). , substituted “$538” for “$520”.

Pub. L. 106–118, § 6(a)(3)Subsec. (a)(3). , substituted “$699” for “$675”.

Pub. L. 106–118, § 6(a)(4)Subsec. (a)(4). , substituted “$699” and “$136” for “$675” and “$132”, respectively.

Pub. L. 105–98, § 6(a)(1)1997—Subsec. (a)(1). , substituted “$361” for “$327”.

Pub. L. 105–98, § 6(a)(2)Subsec. (a)(2). , substituted “$520” for “$471”.

Pub. L. 105–98, § 6(a)(3)Subsec. (a)(3). , substituted “$675” for “$610”.

Pub. L. 105–98, § 6(a)(4)Subsec. (a)(4). , substituted “$675” and “$132” for “$610” and “$120”, respectively.

Pub. L. 103–140, § 6(a)(1)1993—Subsec. (a)(1). , substituted “$327” for “$319”.

Pub. L. 103–78, § 5(a)(1), substituted “$319” for “$310”.

Pub. L. 103–140, § 6(a)(2)Subsec. (a)(2). , substituted “$471” for “$460”.

Pub. L. 103–78, § 5(a)(2), substituted “$460” for “$447”.

Pub. L. 103–140, § 6(a)(3)Subsec. (a)(3). , substituted “$610” for “$595”.

Pub. L. 103–78, § 5(a)(3), substituted “$595” for “$578”.

Pub. L. 103–140, § 6(a)(4)Subsec. (a)(4). , substituted “$610” for “$595” and “$120” for “$117”.

Pub. L. 103–78, § 5(a)(4), substituted “$595” for “$578” and “$117” for “$114”.

Pub. L. 102–83section 413 of this title1991— renumbered as this section.

Pub. L. 102–152, § 6(a)(1)Subsec. (a)(1). , substituted “$310” for “$299”.

Pub. L. 102–3, § 6(a)(1), substituted “$299” for “$284”.

Pub. L. 102–152, § 6(a)(2)Subsec. (a)(2). , substituted “$447” for “$431”.

Pub. L. 102–3, § 6(a)(2), substituted “$431” for “$409”.

Pub. L. 102–152, § 6(a)(3)Subsec. (a)(3). , substituted “$578” for “$557”.

Pub. L. 102–3, § 6(a)(3), substituted “$557” for “$529”.

Pub. L. 102–152, § 6(a)(4)Subsec. (a)(4). , substituted “$578” for “$557” and “$114” for “$110”.

Pub. L. 102–3, § 6(a)(4), substituted “$557” for “$529” and “$110” for “$105”.

Pub. L. 101–237, § 105(a)(1)1989—Subsec. (a)(1). , substituted “$284” for “$271”.

Pub. L. 101–237, § 105(a)(2)Subsec. (a)(2). , substituted “$409” for “$391”.

Pub. L. 101–237, § 105(a)(3)Subsec. (a)(3). , substituted “$529” for “$505”.

Pub. L. 101–237, § 105(a)(4)Subsec. (a)(4). , substituted “$529” and “$105” for “$505” and “$100”, respectively.

Pub. L. 100–687, § 1105(a)(1)1988—Subsec. (a)(1). , substituted “$271” for “$261”.

Pub. L. 100–687, § 1105(a)(2)Subsec. (a)(2). , substituted “$391” for “$376”.

Pub. L. 100–687, § 1105(a)(3)Subsec. (a)(3). , substituted “$505” for “$486”.

Pub. L. 100–687, § 1105(a)(4)Subsec. (a)(4). , substituted “$505” and “$100” for “$486” and “$97”, respectively.

Pub. L. 100–227, § 105(1)1987—Subsec. (a)(1). , substituted “$261” for “$251”.

Pub. L. 100–227, § 105(2)Subsec. (a)(2). , substituted “$376” for “$361”.

Pub. L. 100–227, § 105(3)Subsec. (a)(3). , substituted “$486” for “$467”.

Pub. L. 100–227, § 105(4)Subsec. (a)(4). , substituted “$486” and “$97” for “$467” and “$94”, respectively.

Pub. L. 99–576, § 703(a)(1)Pub. L. 98–543, § 1051986—Subsec. (a). , amended directory language of . See 1984 Amendment notes below.

Pub. L. 99–576, § 105(1)Subsec. (a)(1). , substituted “$251” for “$247”.

Pub. L. 99–238, § 105(1), substituted “$247” for “$240”.

Pub. L. 99–576, § 105(2)Subsec. (a)(2). , substituted “$361” for “$356”.

Pub. L. 99–238, § 105(2), substituted “$356” for “$345”.

Pub. L. 99–576, § 105(3)Subsec. (a)(3). , substituted “$467” for “$460”.

Pub. L. 99–238, § 105(3), substituted “$460” for “$446”.

Pub. L. 99–576, § 105(4)Subsec. (a)(4). , substituted “$467” and “$94” for “$460” and “$93”, respectively.

Pub. L. 99–238, § 105(4), substituted “$460” and “$93” for “$446” and “$90”, respectively.

Pub. L. 98–543, § 105(1)Pub. L. 99–576, § 703(a)1984—Subsec. (a)(1). , as amended by , substituted “$240” for “$233”.

Pub. L. 98–223, § 105(1), substituted “$233” for “$225”.

Pub. L. 98–543, § 105(2)Pub. L. 99–576, § 703(a)Subsec. (a)(2). , as amended by , substituted “$345” for “$334”.

Pub. L. 98–223, § 105(2), substituted “$334” for “$323”.

Pub. L. 98–543, § 105(3)Pub. L. 99–576, § 703(a)Subsec. (a)(3). , as amended by , substituted “$446” for “$432”.

Pub. L. 98–223, § 105(3), substituted “$432” for “$417”.

Pub. L. 98–543, § 105(4)Pub. L. 99–576, § 703(a)Subsec. (a)(4). , as amended by , substituted “$446” and “$90” for “$432” and “$87”, respectively.

Pub. L. 98–223, § 105(4), substituted “$432” and “$87” for “$417” and “$84”, respectively.

Pub. L. 97–306Pub. L. 97–253, § 405(f)(1)1982—Subsec. (a)(1). , §§ 105(1), 107, 108, substituted “$225” for “$210”, and repealed amendment made by , eff. .

Pub. L. 97–253, § 405(f)(1), (h), eff. , substituted “$209” for “$210”.

Pub. L. 97–306Pub. L. 97–253, § 405(f)(2)Subsec. (a)(2). , §§ 105(2), 107, 108, substituted “$323” for “$301”, and repealed amendment made by , eff. .

Pub. L. 97–253, § 405(f)(2), (h), eff. , substituted “$300” for “$301”.

Pub. L. 97–306Pub. L. 97–253, § 405(f)(3)Subsec. (a)(3). , §§ 105(3), 107, 108, substituted “$417” for “$389”, and repealed amendment made by , eff. .

Pub. L. 97–253, § 405(f)(3), (h), eff. , substituted “$388” for “$389”.

Pub. L. 97–306Pub. L. 97–253, § 405(f)(4)Subsec. (a)(4). , §§ 105(4), 107, 108, substituted “$417, plus $84” for “$389, plus $79”, and repealed amendments made by , eff. .

Pub. L. 97–253, § 405(f)(4), (h), eff. , substituted “$388, plus $78” for “$389, plus $79”.

Pub. L. 97–661981—, §§ 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).

Pub. L. 97–66, § 204(a)Subsec. (b). , added subsec. (b).

Pub. L. 96–3851980— substituted “$189”, “$271”, “$350”, “$350” and “$71” for “$165”, “$237”, “$306”, “$306” and “$62”, respectively, in pars. (1), (2), (3), and (4).

Pub. L. 96–1281979— substituted “$165”, “$237”, “$306”, “$306” and “$62” for “$150”, “$216”, “$278”, “278” and “$56”, in pars. (1), (2), (3), and (4), respectively.

Pub. L. 95–4791978— substituted “$150”, “$216”, “$278”, “$278” and “$56” for “$140”, “$201”, “$259”, “$259” and “$52”, in pars. (1), (2), (3), and (4), respectively.

Pub. L. 95–1171977— substituted “$140”, “$201”, “$259”, “$259”, and “$52” for “$131”, “$189”, “$243”, “$243”, and “$49”, in pars. (1), (2), (3), and (4), respectively.

Pub. L. 94–4331976— 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.

Pub. L. 94–711975— substituted $121, $175, $225, $225 and $45 for $108, $156, $201, $201 and $40 in pars. (1), (2), (3) and (4), respectively.

Pub. L. 93–2951974— substituted “$108”, “$156”, “$201”, “$201”, and “$40” for “$92”, “$133”, “$172”, “$172”, and “$34”, in pars. (1), (2), (3), and (4), respectively.

Pub. L. 92–1971971— substituted “$92”, “$133”, “$172”, and “$172” and “$34” for “$88”, “$127”, “$164” and “164” and “$32”, in pars. (1), (2), (3), and (4), respectively.

Pub. L. 91–2621970— substituted “$88”, “$127”, “$164”, and “$164” and “$32”, for “$80”, “$115”, “$149”, and “$149” and “$29”, in pars. (1), (2), (3), and (4), respectively.

Pub. L. 89–7301966— substituted “$80”, “$115”, “$149”, and “$29”, for “$77”, “$110”, “$143”, and “$143” and “$28”, in pars. (1), (2), (3), and (4), respectively.

Pub. L. 88–211963— 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

Pub. L. 111–37section 3(g) of Pub. L. 111–37section 1114 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 2008 Amendment

Pub. L. 110–324section 3(f) of Pub. L. 110–324section 1114 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 2005 Amendment

Pub. L. 109–111section 2(f) of Pub. L. 109–111section 1114 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 2001 Amendment

Pub. L. 107–94section 7 of Pub. L. 107–94section 1114 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1999 Amendment

Pub. L. 106–118section 7 of Pub. L. 106–118section 1114 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1997 Amendment

Pub. L. 105–98section 7 of Pub. L. 105–98section 1114 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1993 Amendment

Pub. L. 103–140section 7 of Pub. L. 103–140section 1114 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1991 Amendments

Pub. L. 102–152section 7 of Pub. L. 102–152section 1114 of this titleAmendment by effective , see , set out as a note under .

Pub. L. 102–3section 7 of Pub. L. 102–3section 1114 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1989 Amendment

Pub. L. 101–237section 106 of Pub. L. 101–237section 1114 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1988 Amendment

Pub. L. 100–687section 1106 of Pub. L. 100–687section 1114 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1987 Amendment

Pub. L. 100–227section 107 of Pub. L. 100–227section 1114 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1986 Amendments

Pub. L. 99–576section 415(i) of Title 42section 107 of Pub. L. 99–576section 1114 of this titleAmendment 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 .

Pub. L. 99–576, title VII, § 703(c)100 Stat. 3303

section 1163 of this titlePublic Law 98–543“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:

Pub. L. 99–238section 107 of Pub. L. 99–238section 1114 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1984 Amendments

Pub. L. 98–543section 107 of Pub. L. 98–543section 1114 of this titleAmendment by effective , see , set out as a note under .

Pub. L. 98–223section 107 of Pub. L. 98–223section 1114 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1982 Amendment

Pub. L. 97–306section 108 of Pub. L. 97–306section 1114 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1981 Amendment

Pub. L. 97–66section 701(a) of Pub. L. 97–66section 1114 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1980 Amendment

Pub. L. 96–385section 601(a) of Pub. L. 96–385section 1114 of this titleAmendment by applicable only to payments for months beginning after , see , set out as a note under .

Effective Date of 1979 Amendment

Pub. L. 96–128section 601(a)(1) of Pub. L. 96–128section 1114 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1978 Amendment

Pub. L. 95–479section 401(a) of Pub. L. 95–479section 1114 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1977 Amendment

Pub. L. 95–117section 501 of Pub. L. 95–117section 1114 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1976 Amendment

Pub. L. 94–433section 406 of Pub. L. 94–433section 1101 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1975 Amendment

Pub. L. 94–71section 301 of Pub. L. 94–71section 1114 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1974 Amendment

Pub. L. 93–295section 401 of Pub. L. 93–295section 1114 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1971 Amendment

Pub. L. 92–197section 10 of Pub. L. 92–197section 1311 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1970 Amendment

Pub. L. 91–262, § 484 Stat. 256

“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

Pub. L. 89–730section 7(a) of Pub. L. 89–730section 1315 of this titleAmendment by effective first day of second calendar month following , see , set out as a note under .

Effective Date of 1963 Amendment

Pub. L. 88–21section 5 of Pub. L. 88–21section 1311 of this titleAmendment by effective first day of second calendar month beginning after , see , set out as a note under .

Repeal

Pub. L. 97–253, title IV, § 405(f)96 Stat. 804Pub. L. 97–30696 Stat. 1431, , , cited as a credit to this section, was repealed by , §§ 107, 108, , , 1432, eff. .