38 USC § 5310 - Payment of benefits for month of death

(a) If, in accordance with the provisions of section 5110 (d) of this title, a surviving spouse is entitled to death benefits under chapter 11, 13, or 15 of this title for the month in which a veteran’s death occurs, the amount of such death benefits for that month shall be not less than the amount of benefits the veteran would have received under chapter 11 or 15 of this title for that month but for the death of the veteran.

(b)

(1) If the surviving spouse of a veteran who was in receipt of compensation or pension at the time of death is not entitled to death benefits under chapter 11, 13, or 15 of this title for the month in which the veteran’s death occurs, that surviving spouse shall be entitled to a benefit for that month in the amount of benefits the veteran would have received under chapter 11 or 15 of this title for that month but for the death of the veteran.

(2) If (notwithstanding section 5112 (b)(1) of this title) a check or other payment is issued to, and in the name of, the deceased veteran as a benefit payment under chapter 11 or 15 of this title for the month in which death occurs, that check or other payment

(A) shall be treated for all purposes as being payable to the surviving spouse, and

(B) if that check or other payment is negotiated or deposited, shall be considered to be the benefit to which the surviving spouse is entitled under paragraph (1). However, if such check or other payment is in an amount less than the amount of the benefit under paragraph (1), the unpaid amount shall be treated in the same manner as an accrued benefit under section 5121 of this title.

Source

(Added Pub. L. 87–825, § 4(a),Oct. 15, 1962, 76 Stat. 950, § 3110; amended Pub. L. 98–160, title VII, § 703(3),Nov. 21, 1983, 97 Stat. 1010; renumbered § 5310 and amended Pub. L. 102–40, title IV, § 402(b)(1), (d)(1),May 7, 1991, 105 Stat. 238, 239; Pub. L. 104–275, title V, § 506(a),Oct. 9, 1996, 110 Stat. 3343; Pub. L. 105–114, title IV, § 401(f),Nov. 21, 1997, 111 Stat. 2294.)

Amendments

1997—Subsec. (b)(2). Pub. L. 105–114substituted “under paragraph (1)” for “under this paragraph” before period at end of first sentence.

1996—Pub. L. 104–275designated existing provisions as subsec. (a) and added subsec. (b).

1991—Pub. L. 102–40renumbered section 3110 of this title as this section and substituted “5110(d)” for “3010(d)”.

1983—Pub. L. 98–160substituted “surviving spouse” for “widow”, and “the death of the veteran” for “his death”.

Effective Date of 1996 Amendment

Section 506(b) ofPub. L. 104–275provided that: “The amendments made by this section [amending this section] shall apply with respect to the death of compensation and pension recipients occurring after December 31, 1996.”

Effective Date

Section effective first day of second calendar month which begins after Oct. 15, 1962, see section 7 ofPub. L. 87–825, set out as an Effective Date of 1962 Amendment note under section 110 of this title.