What this means
m21-1:XII.ii.2.A explains special allowance under 38 u.s.c. 1312(a). In plain terms, the official guidance says the special allowance under 38 U.S.C. 1312(a) is a gratuitous benefit to the surviving dependents of a member of a uniformed service who was not a fully and currently insured individual under Title II of the Social Security Act who died on or after January 1, 1957 per 38 CFR 3.804, either It also addresses development of special allowance claims is the responsibility of the regional office (RO) with original jurisdiction.
How this may help with a claim
Use m21-1:XII.ii.2.A as an internal VA audit trail for special allowance under 38 u.s.c. 1312(a), not as a promise of a particular result. Compare the actions recorded in your claim file or decision notice with this source-specific detail: The special allowance under 38 U.S.C. 1312(a) is a gratuitous benefit to the surviving dependents of a member of a uniformed service who was not a fully and currently insured individual under Title II of the Social Security Act who died on or after January 1, 1957 per 38 CFR 3.804, either Development of special allowance claims is the responsibility of the regional office (RO) with original jurisdiction. If the record does not show the expected action, identify the missing step precisely when asking VA or an accredited representative to review the file.
What to review in your file
- Check the file against this official condition: The special allowance under 38 U.S.C. 1312(a) is a gratuitous benefit to the surviving dependents of a member of a uniformed service who was not a fully and currently insured individual under Title II of the Social Security Act who died on or after January 1, 1957 per 38 CFR 3.804, either
- Confirm that the record or notice addresses this source point: after separation as the result of a service-connected disability incurred after September 15, 1940.
- Document how this stated step or exception applies: When the SSA furnishes SSA Form 101, Determination of Award, SSA Form 101C, Determination of Award, or SSA Form 101U3, Determination of Award to the RO to authorize payment
Important limits
m21-1:XII.ii.2.A is primarily internal workflow guidance about special allowance under 38 u.s.c. 1312(a). It can help identify what VA was expected to document, but it does not by itself create a claimant deadline, a freestanding entitlement, or a guaranteed remedy. The source also states: The special allowance under 38 U.S.C. 1312(a) is a gratuitous benefit to the surviving dependents of a member of a uniformed service who was not a fully and currently insured individual under Title II of the Social Security Act who died on or after January 1, 1957 per 38 CFR 3.804, either Include the Social Security number on any correspondence sent to a payee. Send a copy of the letter to the servicing SSA Program Service Center (PSC).
Search terms when useful
Phrases that may help when searching your claim file or this library.
- Special Allowance Under 38 U.S.C. 1312(a)
- m21-1:XII.ii.2.A
- Special Allowance Under
- U.S.C. 1312
- Description Special Allowance Under
- This topic describes special
- description special allowance
- paid special allowance
Original VA guidance
The official VA text of this section
Overview
In This Section
This section contains the following topics:
Scroll sideways to see the full table.
| Topic | Topic Name |
|---|---|
| 1 | Description of the Special Allowance Under 38 U.S.C. 1312(a) |
| 2 | Jurisdiction for Payment of the Special Allowance Under 38 U.S.C. 1312(a) |
| 3 | Answering Inquiries From Claimants |
1. Description of the Special Allowance Under 38 U.S.C. 1312(a)
Introduction
This topic describes the special allowance under 38 U.S.C. 1312(a), including
- description of the special allowance
- who can be paid the special allowance, and
- who cannot be paid the special allowance.
Change Date
November 16, 2004
XII.ii.2.A.1.a. Description of the Special Allowance
The special allowance under 38 U.S.C. 1312(a) is a gratuitous benefit to the surviving dependents of a member of a uniformed service who was not a fully and currently insured individual under Title II of the Social Security Act who died on or after January 1, 1957 per 38 CFR 3.804, either
- while on active duty or active or inactive duty for training, or
- after separation as the result of a service-connected disability incurred after September 15, 1940.
XII.ii.2.A.1.b. Who Can Be Paid the Special Allowance
The special allowance is paid only to the persons as designated by and at the rates and for the periods certified by the Social Security Administration (SSA).
XII.ii.2.A.1.c. Who Cannot Be Paid the Special Allowance
The special allowance cannot be paid based on
- entitlement to compensation under
- 38 U.S.C. 1151, and
- 38 U.S.C. 1160, or
- Philippine service under 38 CFR 3.804(b)(2).
2. Jurisdiction for Payment of the Special Allowance Under 38 U.S.C. 1312(a)
Introduction
This topic contains information on the jurisdiction for payment of the special allowance under 38 U.S.C. 1312(a), including
- jurisdiction of special allowance claims, and
- transfer of folders to the Philadelphia Pension Management Center (PMC).
Change Date
August 14, 2014
XII.ii.2.A.2.a. Jurisdiction of Special Allowance Claims
The Philadelphia Pension Management Center (PMC) has the sole authority to make awards and payments of the special allowance under 38 U.S.C 1312(a).
Development of special allowance claims is the responsibility of the regional office (RO) with original jurisdiction.
References: For more information on
- development of entitlement for the special allowance, see M21-1, Part XII, Subpart ii, 2.C, and
- subsequent transfer of folders to the Philadelphia PMC, see M21-1, Part XII, Subpart ii, 2.A.2.b.
XII.ii.2.A.2.b. Transfer of Folders to the Philadelphia PMC
When the SSA furnishes SSA Form 101, Determination of Award, SSA Form 101C, Determination of Award, or SSA Form 101U3, Determination of Award to the RO to authorize payment
- take necessary adjudicative action on any other claim pending in the case, and
- once adjudicative action is completed, permanently transfer the deceased Veteran’s claims folder to the Philadelphia PMC for payment of the special allowance under 38 U.S.C 1312(a).
3. Answering Inquiries From Claimants
Introduction
This topic contains information on answering inquiries from claimants, including information on
- inquiries answered by the Department of Veterans Affairs (VA), and
- referring inquiries to the SSA.
Change Date
November 16, 2004
XII.ii.2.A.3.a. Inquiries Answered by VA
After the approval of an award, the Department of Veterans Affairs (VA) answers inquiries relating to
- when the initial payment will be made
- the nonreceipt of a check
- the change of address of the payee, and
- the change of fiduciary.
Note: Include the Social Security number on any correspondence sent to a payee. Send a copy of the letter to the servicing SSA Program Service Center (PSC).
XII.ii.2.A.3.b. Referring Inquiries to the SSA
Refer all inquiries pertaining to matters other than those listed in M21-1, Part XII, Subpart ii, 2.A.3.a to the servicing SSA PSC, using a locally-generated letter, and inform the claimant of the referral.
Note: This includes inquiries concerning the amount of payment and termination of payments.