§ 3.455 Apportionment of a surviving spouse's dependency and indemnity compensation.
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Title 38—Pensions, Bonuses, and Veterans' Relief > CHAPTER I—DEPARTMENT OF VETERANS AFFAIRS > PART 3—ADJUDICATION > Subpart A—Pension, Compensation, and Dependency and Indemnity Compensation > Apportionments
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(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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