§ 3.455 Apportionment of a surviving spouse's dependency and indemnity compensation.
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Title 38 CFR: Pensions, Bonuses, and Veterans' Relief › Chapter I: DEPARTMENT OF VETERANS AFFAIRS › Part 3: ADJUDICATION › Subpart A: Pension, Compensation, and Dependency and Indemnity Compensation › § 3.455: § 3.455 Apportionment of a surviving spouse's dependency and indemnity compensation.
Text
(a)
Conditions under which apportionment may be made.
The surviving spouse's award of dependency and indemnity compensation (DIC) will be apportioned where there is a child under 18 years of age and the surviving spouse is incarcerated and meets the provisions of § 3.665. DIC will not be apportioned under this paragraph (a) for a child over age 18 years unless the child is permanently incapable of self-support in accordance with the provisions of § 3.57.
(b)
Rates payable.
The amount of apportionment of DIC will be determined in accordance with the provisions of § 3.665.
(Authority: 38 U.S.C. 101(4)(A), 104(a), 5307)
[91 FR 906, Jan. 9, 2026]
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