§ 5121. Payment of certain accrued benefits upon death of a beneficiary
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/usc/title-38/section-5121A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Except as provided in sections 3329 and 3330 of title 31, periodic monetary benefits (other than insurance and servicemen’s indemnity) under laws administered by the Secretary to which an individual was entitled at death under existing ratings or decisions or those based on evidence in the file at date of death (hereinafter in this section and section 5122 of this title referred to as “accrued benefits”) and due and unpaid, shall, upon the death of such individual be paid as follows:
(1)Upon the death of a person receiving an apportioned share of benefits payable to a veteran, all or any part of such benefits to the veteran or to any other dependent or dependents of the veteran, as may be determined by the Secretary.
(2)Upon the death of a veteran, to the living person first listed below:
(A)The veteran’s spouse.
(B)The veteran’s children (in equal shares).
(C)The veteran’s dependent parents (in equal shares).
(3)Upon the death of a surviving spouse or remarried surviving spouse, to the children of the deceased veteran.
(4)Upon the death of a child, to the surviving children of the veteran who are entitled to death compensation, dependency and indemnity compensation, or death pension.
(5)Upon the death of a child claiming benefits under chapter 18 of this title, to the surviving parents.
(6)In all other cases, only so much of the accrued benefits may be paid as may be necessary to reimburse the person who bore the expense of last sickness and burial.
(b)No part of any accrued benefits shall be used to reimburse any political subdivision of the United States for expenses incurred in the last sickness or burial of any beneficiary.
(c)Applications for accrued benefits must be filed within one year after the date of death. If a claimant’s application is incomplete at the time it is originally submitted, the Secretary shall notify the claimant of the evidence necessary to complete the application. If such evidence is not received within one year from the date of such notification, no accrued benefits may be paid.
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1228, § 3021; Pub. L. 92–328, title I, § 105(b), June 30, 1972, 86 Stat. 395; Pub. L. 97–258, § 3(k)(4), Sept. 13, 1982, 96 Stat. 1065; Pub. L. 98–160, title VII, § 703(1), Nov. 21, 1983, 97 Stat. 1010; Pub. L. 99–576, title VII, § 701(66), Oct. 28, 1986, 100 Stat. 3296; renumbered § 5121 and amended Pub. L. 102–40, title IV, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 102–83, § 4(a)(1), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 403–405; Pub. L. 104–275, title V, § 507, Oct. 9, 1996, 110 Stat. 3343; Pub. L. 107–14, § 8(a)(16), June 5, 2001, 115 Stat. 35; Pub. L. 108–183, title I, § 104(a)–(c), Dec. 16, 2003, 117 Stat. 2656.)
Connections210 cite this · traces to 3
Cited by 210 sections · top 55
CFR
- § 3.1000Entitlement under 38 U.S.C. 5121 to benefits due and unpaid upon death of a beneficiary.
- § 3.816Awards under the Nehmer Court Orders for disability or death caused by a condition presumptively associated with herbicide exposure.
- § 3.272Exclusions from income.
- § 3.1010Substitution under 38 U.S.C. 5121A following death of a claimant.
- § 21.9681Certifications and release of payments---for provisions effective after July 31, 2011.
- § 21.7140Certifications and release of payments.
- § 21.3133Payment procedures.
- § 21.9680Certifications and release of payments---for provisions effective before August 1, 2011.
- § 3.1002Political subdivisions of United States.
- § 21.5067Death of participant.
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37 references not yet in our index
- Pub. L. 85–857
- 72 Stat. 1228
- Pub. L. 92–328, title I, § 105(b)
- 86 Stat. 395
- Pub. L. 97–258, § 3(k)(4)
- 96 Stat. 1065
- Pub. L. 98–160, title VII, § 703(1)
- 97 Stat. 1010
- Pub. L. 99–576, title VII, § 701(66)
- 100 Stat. 3296
- Pub. L. 102–40, title IV, § 402(b)(1)
- 105 Stat. 238
- Pub. L. 102–83, § 4(a)(1)
- 105 Stat. 403–405
- Pub. L. 104–275, title V, § 507
- 110 Stat. 3343
- Pub. L. 107–14, § 8(a)(16)
- 115 Stat. 35
- Pub. L. 108–183, title I, § 104(a)
- 117 Stat. 2656
- Pub. L. 108–183, § 104(c)(1)
- Pub. L. 108–183, § 104(a)
- Pub. L. 108–183, § 104(c)(2)
- Pub. L. 108–183, § 104(b)
- Pub. L. 107–14
- Pub. L. 104–275
- Pub. L. 102–40, § 402(b)(1)
- Pub. L. 102–83, § 4(b)(1)
- Pub. L. 102–40, § 402(d)(1)
- Pub. L. 99–576, § 701(66)(A)
- Pub. L. 99–576, § 701(66)(B)
- Pub. L. 98–160
- Pub. L. 97–258
- Pub. L. 92–328
- section 3203(a)(2)(A) of this title
- Pub. L. 108–183, title I, § 104(d)
- section 301(a) of Pub. L. 92–328
Citation graph
cites case law
§ 5121
Payment of certain accrued benefits upon death of a beneficiary
Fed. Reg.×186
C.F.R.×14
U.S.C.×9
Stat.×1
Pub. L.Pub. L. 85–857
Stat.72 Stat. 1228
Pub. L.Pub. L. 92–328, title I, § 105(b)
Stat.86 Stat. 395
Pub. L.Pub. L. 97–258, § 3(k)(4)
Cites 40 · showing 8Cited by 210 across 4 sources