St. Louis Regional Office (RO) Actions on Claims for Benefits Under the Restored Entitlement Program for Survivors (REPS)

In This Section

Introduction

• responsibility for establishing electronic claims folders (eFolders), and
• how to process incoming REPS applications.

Change Date

XII.ii.3.C.1.a. Responsibility for Establishing eFolders

• establishes electronic claims folders (eFolders) in the Veterans Benefits Management System (VBMS), when necessary, for the processing of REPS claims, and
• stores all REPS-related documentation in the eFolders.

XII.ii.3.C.1.b. How to Process Incoming REPS Applications

Introduction

• determining
  • eligibility for REPS benefits, and
  • whether a claimant is a dependent according to SSA criteria
  • filing a claim with SSA
  • advising claimants to file a claim with SSA, and
  • accepting prior decisions made by SSA regarding an individual’s status as a dependent.

Change Date

XII.ii.3.C.2.a. Determining Eligibility for REPS Benefits

XII.ii.3.C.2.b. Determining Whether a Claimant Is a Dependent According to SSA Criteria

XII.ii.3.C.2.c. Filing a Claim With SSA

XII.ii.3.C.2.d. Advising Claimants to File a Claim With SSA

XII.ii.3.C.2.e. Accepting Prior Decisions Made by SSA Regarding an Individual’s Status as a Dependent

Introduction

• when to request an MBR
• how to request an MBR
• maintaining control of MBR requests, and
• information in an MBR.

Change Date

November 30, 2020

XII.ii.3.C.3.a. When to Request an MBR

• for all initial claims, and
• in any instance where it appears that a change in SSA payments may have an effect on payments to any beneficiary receiving REPS payments.

XII.ii.3.C.3.b. How to Request an MBR

XII.ii.3.C.3.c. Maintaining Control of MBR Requests

XII.ii.3.C.3.d. Information in an MBR

• REPS primary insurance amount (PIA)
• REPS family maximum, and
• names of eligible dependents under the Veteran’s Social Security record.

Introduction

• REPS monthly benefit
• computing the REPS PIA and REPS family maximum separately
• how to calculate the REPS PIA and REPS family maximum
• paying the minimum sole survivor rate (MSSR)
• applying legislative increases to running awards
• deductions affecting payment of REPS benefits
• offsets affecting payment of REPS benefits, and
• automated computing of the REPS PIA and REPS family maximum.

Change Date

XII.ii.3.C.4.a. REPS Monthly Benefit

• REPS PIA, if there are two or fewer potential claimants for REPS or SSA benefits, or
• claimant’s proportionate share of the REPS family maximum, if there are more than two potential claimants for REPS or SSA benefits.

XII.ii.3.C.4.b. Computing the REPS PIA and REPS Family Maximum Separately

• surviving spouse’s PIA and family maximum are subject to legislative increases in Dependency and Indemnity Compensation (DIC), and
• student’s PIA and family maximum are subject to legislative increases in Dependents’ Educational Assistance (DEA) under 38 U.S.C. Chapter 35.

XII.ii.3.C.4.c. How to Calculate the REPS PIA and REPS Family Maximum

XII.ii.3.C.4.d. Paying the MSSR

• Base the MSSR paid on the applicable PIA factor code.
• Increase the MSSR by the percentage of any legislative increases that apply to REPS payees.

XII.ii.3.C.4.e. Applying Legislative Increases to Running Awards

XII.ii.3.C.4.f. Deductions Affecting Payment of REPS Benefits

• A phase-out student is only entitled to the difference between the amount of the gross monthly benefit payable under the REPS computation and the amount SSA is paying.
• The REPS benefit payable is subject to reduction based on wages and self-employment earnings.

XII.ii.3.C.4.g. Offsets Affecting Payment of REPS Benefits

• payment as the parent of a surviving child, and
• a pension from the Federal Government, a State government, or any political subdivision thereof.

• The pension must be based on the individual’s own earnings for the offset to apply.
• The offset does not apply if eligibility for the government pension was established prior to
  • December 1982, or
  • July 1983 and the claimant established that one half of his/her support was provided by the deceased Veteran wage earner.
  • The offset rate
    • for the period January 1978 through June 1983 is 100 percent, and
    • from July 1983 is $2 in REPS benefits for every $3 of monthly pension payable.

XII.ii.3.C.4.h. Automated Computing of the REPS PIA and REPS Family Maximum

Introduction

• considering the existence of potential claimants
• when to withhold benefits and make payments
• time limits relating to REPS benefits eligibility
• payment of available difference when withholding has not been made, and
• example of making payment when withholding has not been made.

Change Date

XII.ii.3.C.5.a. Considering the Existence of Potential Claimants

XII.ii.3.C.5.b. When to Withhold Benefits and Make Payments

• a student claimant files a REPS application and the evidence of record shows there is another potentially eligible child claimant, or
• a child will attain age 18 while the REPS beneficiary is being paid.

XII.ii.3.C.5.c. Time Limits Relating to REPS Benefits Eligibility

XII.ii.3.C.5.d. Payment of Available Difference When Withholding Has Not Been Made

• another eligible claimant files a claim for benefits after an award has been made, and
• there has been no prior withholding of benefits.

XII.ii.3.C.5.e. Example of Making Payment When Withholding Has Not Been Made

Introduction

• effective dates for payment of REPS benefits
• payment of REPS benefits for children
• when a school
  • approval is required, and
  • is considered approved, and
• establishing full-time attendance.

Change Date

XII.ii.3.C.6.a. Effective Dates for Payment of REPS Benefits

XII.ii.3.C.6.b. Payment of REPS Benefits for Children

• an entitled child is
  • between the ages of 18 and 22, and
  • enrolled in a postsecondary program as a full-time student, and
  • the school meets SSA’s approval requirements.
  Do not pay REPS benefits for
  • correspondence courses
  • on-the-job training programs, or
  • online courses.

XII.ii.3.C.6.c. When a School Approval Is Required

• evidence of record does not show the school or training institution has current VA approval, or
• course is not listed in POMS.

XII.ii.3.C.6.d. When a School Is Considered Approved

• it is approved by a State or national accrediting agency
• it is operated or supported by the United States Government or a State or local government, or
• its credits are accepted on transfer by three institutions that meet one of the requirements described in the preceding bullets.

XII.ii.3.C.6.e. Establishing Full-Time Attendance

Introduction

• requirement of certification of attendance
• payment during a period of nonattendance
• controlling for re-enrollment after a period of nonattendance
• certification when there is
  • an active DEA benefit payment, and
  • no active DEA benefit payment
• certification at the end of the school year, and
• process if certification is not received.

Change Date

XII.ii.3.C.7.a. Requirement of Certification of Attendance

XII.ii.3.C.7.b. Payment During a Period of Nonattendance

• the period of nonattendance is four full calendar months or less, and
• the student establishes that he/she
  • intends to be in full-time attendance at a postsecondary school immediately following the period of nonattendance, or
  • is in full-time attendance at a postsecondary school immediately following the period of nonattendance.

XII.ii.3.C.7.c. Controlling for Re-enrollment After a Period of Nonattendance

• establish a diary to provide for release of a certification no later than 30 days after the scheduled commencement date of attendance, and
• request an immediate certification of attendance, VA Form 21P-8926, if there is any question about the claimant’s actual attendance that would affect entitlement to payment of benefits.

XII.ii.3.C.7.d. Certification When There Is an Active DEA Payment

XII.ii.3.C.7.e. Certification When There Is No Active DEA Payment

XII.ii.3.C.7.f. Process if Certification Is Not Received

Introduction

• setting limits on the annual amount of wages or earnings
• determining
  • entitlement to REPS benefits by evaluating monthly earnings, and
  • whether self-employment
    • is an issue for consideration, and
    • services are substantial, and
• considering a beneficiary’s foreign earnings.

Change Date

XII.ii.3.C.8.a. Setting Limits on the Annual Amount of Wages or Earnings

XII.ii.3.C.8.b. Determining Entitlement to REPS Benefits by Evaluating Monthly Earnings

• going up and down from month to month, or
• being stopped for one or more months during an initial or grace year.

XII.ii.3.C.8.c. Determining Whether Self-Employment Is an Issue for Consideration

• a REPS beneficiary that is self-employed reports earnings that are above the exempt amount, and
• the review period is during the initial or grace year.

XII.ii.3.C.8.d. Determining Whether Self-Employment Services Are Substantial

• a highly skilled occupation, or
• the management of a sizable business.

• A special determination of REPS eligibility is required when a beneficiary reports
  • wages that exceed a monthly limit set by law, or
  • more than 45 hours of self-employment in one month.
  • To view the monthly wage limit referenced in the preceding paragraph,
    • access SSA’s COLA Information webpage
    • scroll down to the paragraph that lists hyperlinks to documents titled The [year] COLA, and
    • click on the hyperlink to the document containing COLA information for the year in question.

XII.ii.3.C.8.e. Considering a Beneficiary’s Foreign Earnings

Introduction

• completing award or denial action
• establishing REPS accounts receivable
• notifying claimants of decisions, and
• handling disagreements based on a prior SSA determination.

Change Date

XII.ii.3.C.9.a. Completing Award Action

• establish the appropriate EP if one was not previously established
• follow the computer prompts to enter the award or denial data
• follow the instructions in M21-1, Part XII, Subpart ii, 3.C.9.d, and
• upload a copy of the decision notice into the appropriate eFolder.

XII.ii.3.C.9.b. Establishing REPS Accounts Receivable

• establishing any REPS accounts receivable
• collecting all REPS debts, and
• any waiver actions resulting from REPS overpayments.

XII.ii.3.C.9.c. Notifying Claimants of Decisions

• contains all applicable elements of decision notification, as described in 38 CFR 3.103(f)
• explains the reasons for award action or denial, and
• discloses the creation of any overpayment.

XII.ii.3.C.9.d. Handling Disagreements Based on a Prior SSA Determination

Change Date

XII.ii.3.C.10.a. Reviewing REPS Payment Data