Page:United States Statutes at Large Volume 72 Part 1.djvu/1172

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[72 Stat. 1130]
[72 Stat. 1130]
PUBLIC LAW 85-000—MMMM. DD, 1958

1130

PUBLIC LAW 8 5 - 8 5 7 - S E P T. 2, 1958

[72

ST AT.

(d) If there are two parents who are living together, or if a parent has remarried and is living with his spouse, dependency and indemnity compensation shall be paid to each such parent at a monthly rate equal to the amount under column II of the following table opposite the total combined annual income of the parents, or of the parent and his spouse, as the case may be, as shown in column I: Column I

Column II

Total combined annual income More than—

$1, $1, $1, $2, $2,

42 USC 401 et aeq.

000 350 700 050 400

Equal to or but less than—• $1, $1, $1, $2, $2,

000 350 700 050 400

$50. $40. $30. $20. $10. No amount payable.

(e) The Administrator shall require as a condition of granting or continuing dependency and indemnity compensation to a parent that such parent file each year with him (on the form prescribed by him) a report showing the total income which such parent expects to receive in that year and the total income which such parent received in the preceding year. The parent or parents shall file with the Administrator a revised report whenever there is a material change in the estimated annual income. (f) If the Administrator ascertains that there have been overpayments to a parent under this section, he shall deduct such overpayments (unless waived) from any future payments made to such parent under this section. (g)(1) I n determining income under this section, all payments of any kind or from any source shall be included, except— (A) payments of the six-months' death gratuity; (B) donations from public or private relief or welfare organizations; (C) payments under this chapter (except section 412) and chapter 11 of this title; (D) lump-sum death payments under subchapter II of chapter 7 of title 42; (E) payments of bonus or similar cash gratuity by any State based upon service in the Armed Forces. (2) The Administrator may provide by regulation for the exclusion from income under this section of amounts paid by a parent for unusual medical expenses. § 416. Dependency and indemnity compensation in cases of prior

deaths (a)(1) Any person who is eligible as a widow or child for death compensation by reason of a death occurring before January 1, 1957, may receive dependency and indemnity compensation upon application therefor. (2) Any person who is eligible as a parent, or, but for his annual income, would be eligible as a parent, for death compensation by reason of a death occurring before January 1, 1957, may receive deendency and indemnity compensation upon application therefor; owever, the annual income limitations established by section 415 of this title shall apply to each such parent.

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