38 U.S.C. § 5121 — Payment of certain accrued benefits upon

Page 1049 TITLE 38—VETERANS’ BENEFITS § 5121 places, ‘‘to the surviving spouse’’ for ‘‘to her’’, and ‘‘by the’’ for ‘‘by her’’ in first sentence. Subsec. (f). Pub. L. 99–570 added subsec. (f). 1982—Subsec. (a). Pub. L. 97–295 substituted ‘‘United States Postal Service’’ for ‘‘Post Office Department’’. 1977—Pub. L. 95–117, § 402(b)(1), struck out ‘‘by check’’ after ‘‘benefits’’ in section catchline. Subsecs. (d), (e). Pub. L. 95–117, § 402(a), added subsecs. (d) and (e). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1986 AMENDMENT Pub. L. 99–570, title XI, § 11007(b)(2), Oct. 27, 1986, 100 Stat. 3207–170, provided that: ‘‘The amendment made by subsection (a)(2) [amending this section] shall take ef- fect with respect to payments made on or after October 1, 1986.’’ EFFECTIVE DATE OF 1977 AMENDMENT Pub. L. 95–117, title IV, § 402(c), Oct. 3, 1977, 91 Stat. 1066, provided that: ‘‘The amendments made by this section [amending this section] shall be effective on the date of enactment of this Act [Oct. 3, 1977].’’ § 5121. Payment of certain accrued benefits upon death of a beneficiary (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 re- ferred to as ‘‘accrued benefits’’) and due and un- paid, 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 vet- eran, all or any part of such benefits to the veteran or to any other dependent or depend- ents 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 sur- viving children of the veteran who are entitled to death compensation, dependency and in- demnity compensation, or death pension. (5) Upon the death of a child claiming bene- fits under chapter 18 of this title, to the sur- viving parents. (6) In all other cases, only so much of the ac- crued benefits may be paid as may be nec- essary 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 nec- essary to complete the application. If such evi- dence 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; renum- bered § 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.) Editorial Notes AMENDMENTS 2003—Subsec. (a). Pub. L. 108–183, § 104(c)(1), struck out comma after ‘‘or decisions’’ in introductory provi- sions. Pub. L. 108–183, § 104(a), struck out ‘‘for a period not to exceed two years’’ after ‘‘unpaid’’ in introductory provisions. Subsec. (a)(1) to (4). Pub. L. 108–183, § 104(c)(2), sub- stituted period for semicolon at end of pars. (1) to (4) and subpars. (A) and (B) of par. (2). Subsec. (a)(5), (6). Pub. L. 108–183, § 104(b), added par. (5) and redesignated former par. (5) as (6). 2001—Subsec. (a). Pub. L. 107–14 substituted ‘‘herein- after’’ for ‘‘hereafter’’ in introductory provisions. 1996—Subsec. (a). Pub. L. 104–275 substituted ‘‘two years’’ for ‘‘one year’’ in introductory provisions. 1991—Pub. L. 102–40, § 402(b)(1), renumbered section 3021 of this title as this section. Subsec. (a). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted ‘‘Secretary’’ for ‘‘Administrator’’ in par. (1). Pub. L. 102–83, § 4(a)(1), substituted ‘‘administered by the Secretary’’ for ‘‘administered by the Veterans’ Ad- ministration’’ in introductory provisions. Pub. L. 102–40, § 402(d)(1), substituted ‘‘5122’’ for ‘‘3022’’ in introductory provisions. Subsec. (c). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted ‘‘Secretary’’ for ‘‘Administrator’’. 1986—Subsec. (a). Pub. L. 99–576, § 701(66)(A), struck out ‘‘his’’ after ‘‘entitled at’’. Subsec. (a)(2)(A) to (C). Pub. L. 99–576, § 701(66)(B), substituted ‘‘The veteran’s’’ for ‘‘His’’. 1983—Subsec. (a)(3). Pub. L. 98–160 substituted ‘‘sur- viving spouse’’ for ‘‘widow’’ in two places. 1982—Subsec. (a). Pub. L. 97–258 substituted ‘‘sections 3329 and 3330 of title 31’’ for ‘‘sections 123–128 of title 31’’. 1972—Subsec. (a). Pub. L. 92–328 struck out reference to section 3203(a)(2)(A) of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2003 AMENDMENT Pub. L. 108–183, title I, § 104(d), Dec. 16, 2003, 117 Stat. 2656, provided that: ‘‘The amendments made by sub- sections (a) and (b) [amending this section] shall apply with respect to deaths occurring on or after the date of the enactment of this Act [Dec. 16, 2003].’’ EFFECTIVE DATE OF 1972 AMENDMENT Amendment by Pub. L. 92–328 effective first day of second calendar month which begins after June 30, 1972, see section 301(a) of Pub. L. 92–328, set out as a note under section 1114 of this title. Page 1050 TITLE 38—VETERANS’ BENEFITS § 5121A § 5121A. Substitution in case of death of claimant (a) SUBSTITUTION.—(1) If a claimant dies while a claim for any benefit under a law administered by the Secretary, or an appeal of a decision with respect to such a claim, is pending, a living per- son who would be eligible to receive accrued benefits due to the claimant under section 5121(a) of this title may, not later than one year after the date of the death of such claimant, file a request to be substituted as the claimant for the purposes of processing the claim to comple- tion. (2) Any person seeking to be substituted for the claimant shall present evidence of the right to claim such status within such time as pre- scribed by the Secretary in regulations. (3) Substitution under this subsection shall be in accordance with such regulations as the Sec- retary may prescribe. (b) LIMITATION.—Those who are eligible to make a claim under this section shall be deter- mined in accordance with section 5121 of this title. (Added Pub. L. 110–389, title II, § 212(a), Oct. 10, 2008, 122 Stat. 4151.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 110–389, title II, § 212(c), Oct. 10, 2008, 122 Stat. 4151, provided that: ‘‘Section 5121A of title 38, United States Code, as added by subsection (a), shall apply with respect to the claim of any claimant who dies on or after the date of the enactment of this Act [Oct. 10, 2008].’’ § 5122. Cancellation of checks mailed to deceased payees A check received by a payee in payment of ac- crued benefits shall, if the payee died on or after the last day of the period covered by the check, be returned to the issuing office and canceled, unless negotiated by the payee or the duly ap- pointed representative of the payee’s estate. The amount represented by such check, or any amount recovered by reason of improper nego- tiation of any such check, shall be payable in the manner provided in section 5121 of this title, without regard to section 5121(c) of this title. Any amount not paid in the manner provided in section 5121 of this title shall be paid to the es- tate of the deceased payee unless the estate will escheat. (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1229, § 3022; Pub. L. 99–576, title VII, § 701(67), Oct. 28, 1986, 100 Stat. 3296; renumbered § 5122 and amended Pub. L. 102–40, title IV, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 104–316, title II, § 202(t), Oct. 19, 1996, 110 Stat. 3845.) Editorial Notes AMENDMENTS 1996—Pub. L. 104–316 in last sentence struck out ‘‘upon settlement by the General Accounting Office’’ after ‘‘shall be paid’’. 1991—Pub. L. 102–40 renumbered section 3022 of this title as this section and substituted ‘‘5121’’ for ‘‘3021’’ in two places and ‘‘5121(c)’’ for ‘‘3021(c)’’. 1986—Pub. L. 99–576 substituted ‘‘the payee’s’’ for ‘‘his’’ in first sentence. § 5123. Rounding down of pension rates The monthly or other periodic rate of pension payable to an individual under section 1521, 1541, or 1542 of this title or under section 306(a) of the Veterans’ and Survivors’ Pension Improvement Act of 1978 (Public Law 95–588), if not a multiple of $1, shall be rounded down to the nearest dol- lar. (Added Pub. L. 97–253, title IV, § 403(a)(1), Sept. 8, 1982, 96 Stat. 802, § 3023; renumbered § 5123, Pub. L. 102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; amended Pub. L. 102–83, § 5(c)(1), Aug. 6, 1991, 105 Stat. 406.) Editorial Notes REFERENCES IN TEXT Section 306(a) of the Veterans’ and Survivors’ Pen- sion Improvement Act of 1978 (Public Law 95–588), re- ferred to in text, is section 306(a) of Pub. L. 95–588, title III, Nov. 4, 1978, 92 Stat. 2508, which is set out as a note under section 1521 of this title. PRIOR PROVISIONS Prior sections 5201 to 5228 were renumbered sections 8501 to 8528 of this title, respectively. AMENDMENTS 1991—Pub. L. 102–40 renumbered section 3023 of this title as this section. Pub. L. 102–83 substituted ‘‘1521, 1541, or 1542’’ for ‘‘521, 541, or 542’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section 403(b) of Pub. L. 97–253, as amended by Pub. L. 98–21, title I, § 111(e), Apr. 20, 1983, 97 Stat. 73; Pub. L. 98–369, div. B, title VI, § 2662(j), July 18, 1984, 98 Stat. 1160, provided that: ‘‘(1) Except as provided in paragraph (2), the amend- ment made by subsection (a)(1) [enacting this section] shall apply with respect to amounts payable for periods beginning after May 31, 1983. ‘‘(2) In the cases of individuals to whom pension is payable under sections 521, 541, and 542 [now 1521, 1541, and 1542] of title 38, United States Code, the amend- ment made by subsection (a)(1) shall take effect on the first day after May 31, 1983, that an increase is made in maximum annual rates of pension pursuant to section 3112 [now 5312] of title 38, United States Code.’’ § 5124. Acceptance of claimant’s statement as proof of relationship (a) For purposes of benefits under laws admin- istered by the Secretary, the Secretary may ac- cept the written statement of a claimant as proof of the existence of any relationship speci- fied in subsection (b) for the purpose of acting on such individual’s claim for benefits. (b) Subsection (a) applies to proof of the exist- ence of any of the following relationships be- tween a claimant and another person: (1) Marriage. (2) Dissolution of a marriage. (3) Birth of a child. (4) Death of any family member. (c) The Secretary may require the submission of documentation in support of the claimant’s statement if— (1) the claimant does not reside within a State;