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38 U.S.C. 501(a), unless otherwise noted.
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Nomenclature changes to part 3 appear at 61 FR 7216, Feb. 27, 1996; 62 FR 35970, July 3, 1997; 62 FR 47532, Sept. 9, 1997; and 67 FR 46868, July 17, 2002. 91 FR 2713, Jan. 22, 2026
(a) Conditions under which apportionment may be made. The surviving spouse's award of dependency and indemnity compensation (DIC) will be apportioned where there is a child under 18 years of age and the surviving spouse is incarcerated and meets the provisions of § 3.665. DIC will not be apportioned under this paragraph (a) for a child over age 18 years unless the child is permanently incapable of self-support in accordance with the provisions of § 3.57.
(b) Rates payable. The amount of apportionment of DIC will be determined in accordance with the provisions of § 3.665.
(Authority: 38 U.S.C. 101(4)(A), 104(a), 5307)
[91 FR 906, Jan. 9, 2026]