dependency and indemnity compensation in cases of prior deaths

dependency and indemnity compensation in cases of prior deaths Sec. 206. (a) (1) Any person who, on or after December 31, 1956, is eligible as a widow or child for death compensation under any other law administered by the Veterans’ Administration by reason of a death occurring on or before that date may receive dependency and indemnity compensation under this title upon application therefor, without regard to clause (1) of section 209 (c). (2) Any person who, on or after December 31, 1956, is eligible as a parent, or, but for his annual income, would be eligible as a parent, for death compensation under any other law administered by the Veterans’ Administration by reason of a death occurring on or before that date may receive dependency and indemnity compensation under this title upon application therefor, without regard to clause (1) of section 209 (c); however, the annual income limitations established by section 205 shall apply to each such parent. (b) (1) Whenever the widow of a deceased person is granted dependency and indemnity compensation by reason of this section, payments to her and to the children of the deceased person shall thereafter be made under this title, and shall not thereafter be made to them by reason of the death of the deceased person under (A) any other law administered by the Veterans’ Administration providing for the payment of compensation or pension or (B) the Federal Employees’ Compensation Act. (2) Whenever the child or parent of any deceased person is granted dependency and indemnity compensation by reason of this section, payments shall not thereafter be made to such child or parent by reason of the death of the deceased person under (A) any other law administered by the Veterans’ Administration providing for the payment of compensation or pension or (B) the Federal Employees’ Compensation Act. (c) If children of a deceased person are receiving death compensation under any other law administered by the Veterans’ Administration, and all such children have not applied for benefits under this title, (1) benefits paid to each such child under this title shall not exceed the amounts which would be paid if the application had been made by, or on behalf of, all such children, and (2) benefits paid to each child under any other law administered by the Veterans’ Administration providing for the payment of death compensation or death pension, or under the Federal Employees’ Compensation Act, shall 70 Stat. 866 not exceed the amounts which would be paid to him if no such application had been made. (d) If there are two parents of a deceased person eligible for benefits by reason of subsection (a), and an application for benefits under this title is not made by both parents, (1) benefits paid to the parent who applies therefor shall not exceed the amounts which would be paid to him if both parents had so applied, and (2) benefits paid to the other parent under any other law administered by the Veterans’ Administration providing for the payment of death compensation, or under the Federal Employees’ Compensation Act, shall not exceed the amounts which would be paid to him if no such application had been made. (e) (1) Except as provided in paragraphs (3) and (4), no person who, on January 1, 1957, is a principal or contingent beneficiary of any payments under the Servicemen’s Indemnity Act of 1951 may receive any such payments based upon the death giving rise to such payments after he has been granted dependency and indemnity compensation by reason of this section. No principal or contingent beneficiary who assigns his interest in payments under the Servicemen’s Indemnity Act of 1951 after June 28, 1956, may receive any payments under this title based upon the death giving rise to such payments until the portion of the indemnity so assigned is no longer payable to any person. (2) Where a beneficiary is barred from the receipt of payments under the Servicemen’s Indemnity Act of 1951 by virtue of the first sentence of paragraph (1), no payments of the portion of indemnity in which such beneficiary had an interest shall be made to any other beneficiary. (3) In the case of a child who has applied for dependency and indemnity compensation pursuant to this section, and who is or becomes a beneficiary under the Servicemen’s Indemnity Act of 1951 by reason of the death giving rise to his eligibility for dependency and indemnity compensation, the Administrator shall determine and pay to such child for each month, or part thereof, payments under this title or under such Act, whichever payment he determines to be the greater amount. (4) Notwithstanding paragraph (2), where a child receives dependency and indemnity compensation under this title, and thereafter dies, the portion of servicemen’s indemnity in which such child had an interest may be paid (subject to paragraph (3)) to another child of the person by reason of whose death such servicemen’s indemnity was payable.