M21-1 Manual  /  Part XII, Subpart ii, Chapter 2, Section A

Special Allowance Under 38 U.S.C. 1312(a)

M21-1, Part XII, Subpart ii, Chapter 2, Section A

Overview

In This Section

 This section contains the following topics:
TopicTopic Name
1 Description of the Special Allowance Under 38 U.S.C. 1312(a)
2 Jurisdiction for Payment of the Special Allowance Under 38 U.S.C. 1312(a)
3 Answering Inquiries From Claimants

1. Description of the Special Allowance Under 38 U.S.C. 1312(a)

Introduction

 This topic describes the special allowance under 38 U.S.C. 1312(a), including
  • description of the special allowance
  • who can be paid the special allowance, and
  • who cannot be paid the special allowance.

Change Date

 November 16, 2004

XII.ii.2.A.1.a. Description of the Special Allowance

 The special allowance under 38 U.S.C. 1312(a) is a gratuitous benefit to the surviving dependents of a member of a uniformed service who was not a fully and currently insured individual under Title II of the Social Security Act who died on or after January 1, 1957 per 38 CFR 3.804, either
  • while on active duty or active or inactive duty for training, or
  • after separation as the result of a service-connected disability incurred after September 15, 1940.

XII.ii.2.A.1.b. Who Can Be Paid the Special Allowance

 The special allowance is paid only to the persons as designated by and at the rates and for the periods certified by the Social Security Administration (SSA).

XII.ii.2.A.1.c. Who Cannot Be Paid the Special Allowance

 The special allowance cannot be paid based on

2. Jurisdiction for Payment of the Special Allowance Under 38 U.S.C. 1312(a)

Introduction

 This topic contains information on the jurisdiction for payment of the special allowance under 38 U.S.C. 1312(a), including
  • jurisdiction of special allowance claims, and
  • transfer of folders to the Philadelphia Pension Management Center (PMC).

Change Date

 August 14, 2014

XII.ii.2.A.2.a. Jurisdiction of Special Allowance Claims

 The Philadelphia Pension Management Center (PMC) has the sole authority to make awards and payments of the special allowance under 38 U.S.C 1312(a). Development of special allowance claims is the responsibility of the regional office (RO) with original jurisdiction. References: For more information on

XII.ii.2.A.2.b. Transfer of Folders to the Philadelphia PMC

 When the SSA furnishes SSA Form 101, Determination of Award, SSA Form 101C, Determination of Award, or SSA Form 101U3, Determination of Award to the RO to authorize payment
  • take necessary adjudicative action on any other claim pending in the case, and
  • once adjudicative action is completed, permanently transfer the deceased Veteran’s claims folder to the Philadelphia PMC for payment of the special allowance under 38 U.S.C 1312(a).

3. Answering Inquiries From Claimants

Introduction

 This topic contains information on answering inquiries from claimants, including information on
  • inquiries answered by the Department of Veterans Affairs (VA), and
  • referring inquiries to the SSA.

Change Date

 November 16, 2004

XII.ii.2.A.3.a. Inquiries Answered by VA

 After the approval of an award, the Department of Veterans Affairs (VA) answers inquiries relating to
  • when the initial payment will be made
  • the nonreceipt of a check
  • the change of address of the payee, and
  • the change of fiduciary.
Note: Include the Social Security number on any correspondence sent to a payee. Send a copy of the letter to the servicing SSA Program Service Center (PSC).

XII.ii.2.A.3.b. Referring Inquiries to the SSA

 Refer all inquiries pertaining to matters other than those listed in M21-1, Part XII, Subpart ii, 2.A.3.a to the servicing SSA PSC, using a locally-generated letter, and inform the claimant of the referral. Note: This includes inquiries concerning the amount of payment and termination of payments.

Source: VA M21-1 Adjudication Procedures Manual, M21-1, Part XII, Subpart ii, Chapter 2, Section A (U.S. government work, reproduced for reference). Browse all sections →