---
title: "§ 3.455 Apportionment of a surviving spouse's dependency and indemnity compensation."
document: "38 CFR"
section: "§ 3.455"
canonical: "https://veteranai.co/va-regulations/38-cfr/3.455-apportionment-of-a-surviving-spouses-dependency-and"
source: "https://www.ecfr.gov/current/title-38/section-3.455"
updated: "2026-09-06T14:35:32.320321Z"
---

# § 3.455. Apportionment of a surviving spouse's dependency and indemnity compensation.

(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.

[91 FR 906, Jan. 9, 2026]