Q: I am a surviving spouse of a 100% service connected veteran receiving DIC. My husband had a child before we were married who is living with the mother. Is that child entitled to any portion of my DIC payments?
A: Yes, DIC can be apportioned if the child is under the age of 18 and not living with the surviving spouse. The child is only entitled to DIC in their own right if they were over the age of 18 and in college or a helpless child.
Dependency and indemnity compensation (DIC)
(a) Conditions under which apportionment may be made. The surviving spouse’s award of dependency and indemnity compensation will be apportioned where there is a child or children under 18 years of age and not in the custody of the surviving spouse. The surviving spouse’s award of dependency and indemnity compensation will not be apportioned under this condition for a child over the age of 18 years.
(b) Rates payable.
(1) The share for each of the children under 18 years of age, including those in the surviving spouse’s custody as well as those who are not in such custody, will be at rates approved by the Under Secretary for Benefits except when the facts and circumstances in a case warrant special apportionment. The share for the surviving spouse will be the difference between the children’s share and the total amount payable. However, the surviving spouse’s share will not be reduced to an amount less than 50 percent of that to which the surviving spouse would otherwise be entitled.
(2) The additional amount of aid and attendance, where applicable, will be added to the surviving spouse’s share and not otherwise included in the computation.
(3) Where the surviving spouse has elected to receive dependency and indemnity compensation instead of death compensation, the share of dependency and indemnity compensation for a child or children under 18 years of age will be whichever is the greater.