Source
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1128, § 412; Pub. L. 87–268, § 1(a), Sept. 21, 1961, 75 Stat. 566; Pub. L. 89–466, June 22, 1966, 80 Stat. 217; Pub. L. 94–433, title IV, § 405(9), Sept. 30, 1976, 90 Stat. 1379; Pub. L. 98–223, title II, § 213(2), Mar. 2, 1984, 98 Stat. 46; Pub. L. 102–54, § 14(b)(3), June 13, 1991, 105 Stat. 283; renumbered § 1312 and amended Pub. L. 102–83, §§ 4(b)(1), (2)(E),
5
(a), Aug. 6, 1991, 105 Stat. 404–406.)
References in Text
The Social Security Act, referred to in subsec. (a), is act Aug. 14, 1935, ch. 531,
49 Stat. 620, as amended. Title II of the Social Security Act is classified generally to subchapter II (§ 401 et seq.) of chapter
7 of Title
42, The Public Health and Welfare. Sections 214 and 202 of the Social Security Act are classified to sections
414 and
402 of Title
42, respectively. For complete classification of this Act to the Code, see section
1305 of Title
42 and Tables.
Amendments
1991—
Pub. L. 102–83, § 5(a), renumbered section
412 of this title as this section.
Subsec. (a).
Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in two places in concluding provisions.
Pub. L. 102–54 substituted “401” for “201” in concluding provisions.
Subsec. (b).
Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”.
1984—Subsec. (a).
Pub. L. 98–223, § 213(2), substituted “section 214 of the Social Security Act (
42 U.S.C.
414)” for “section
414 of title
42” in par. (1), “section 202 of the Social Security Act (
42 U.S.C.
402)” for “section
402 of title
42” in par. (3), and “title II of the Social Security Act (
42 U.S.C.
201 et seq.)” for “subchapter
II of chapter
7 of title
42” in provision following par. (3).
1976—Subsec. (a).
Pub. L. 94–433 substituted “such veteran’s” for “his” in cls. (1) and (3) and in text following cl. (3) and “such veteran” for “he” in cl. (3).
Subsec. (b).
Pub. L. 94–433 substituted “surviving spouse” for “widow” wherever appearing.
1966—
Pub. L. 89–466 inserted “to a widow who has children”, “to (1) such widow, or (2) such children if the widow were not entitled”, and “such widow”.
1961—
Pub. L. 87–268 designated existing provisions as subsec. (a) and added subsec. (b).
Effective Date of 1976 Amendment
Amendment by
Pub. L. 94–433 effective Oct. 1, 1976, see section 406 of
Pub. L. 94–433, set out as a note under section
1101 of this title.
Effective Date of 1961 Amendment
Section 3 of
Pub. L. 87–268 provided that: “The amendments made by this Act [amending this section and sections
107,
411 [now 1311], 415 [now 1315], 422 [now 1322], and 503 [now 1503] of this title and enacting provisions set out as notes under this section] shall take effect as of the first day of the first calendar month which begins after the date of its enactment [Sept. 21, 1961].”
Filing of Application for Benefits
Section 2 of
Pub. L. 87–268 provided that the increased pension benefits authorized by
Pub. L. 87–268 were to be payable from the effective date of
Pub. L. 87–268 to anyone receiving dependency and indemnity compensation on such date only if the application for such increased benefits were filed with the Veterans’ Administration within one year from such date and evidence of entitlement were of record or received within one year from the date of request therefor.