Dependency and indemnity compensation to a widow

§ 411. Dependency and indemnity compensation to a widow (a) Dependency and indemnity compensation shall be paid to a widow at a monthly rate equal to $112 plus 12 per centum of the basic pay of her deceased husband. (b) If there is a widow and two or more children below the age of eighteen of a deceased veteran, and— (1) the total of the monthly benefits to which such widow and children are (or would be, upon the filing of an application) entitled on the basis of such deceased veteran’s status under the laws referred to in subsection (d); is less than (2) the amount described in subsection (e); then the dependency and indemnity compensation paid monthly to the widow shall be increased by $25 for each such child in excess of one; however, the total of increases under this subsection shall not exceed the difference between the amounts referred to in subparagraphs (1) and (2) of this subsection. (c) If the amount determined under subsection (a), after increase (if any) under subsection (b), involves a fraction of a dollar, the amount payable shall be increased by the Administrator to the next higher dollar. 72 Stat. 1128 (d) The laws referred to in subsection (b)(1) are— (1) section 412 of this title; (2) section 402 of title 42 (including the reduction provisions of subsection (a) of section 403 of title 42, but without regard to the deduction provisions of section 403); and (3) section 228e of title 45 (including the reduction provisions of section 228c–1 (i) and 228e (h) of title 45). (e) The amount referred to in subsection (b)(2) is an amount equal to the total of the monthly benefits to which a widow and two children of a deceased fully and currently insured individual would be entitled under section 402 of title 42 (after reduction under subsection (a) of section 403 of title 42 but without regard to deduction provisions of section 403) if such deceased individual’s average monthly wage had been $160. (f) The amount referred to in subsection (b)(1) shall be determined by the Secretary of Health, Education, and Welfare, or the Railroad Retirement Board, as the case may be, and shall be certified to the Administrator upon his request.