Revised November 16, 2004
XII.ii.2.A.1.aDescription 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.bWho 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.cWho 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).
2Jurisdiction for Payment of the Special Allowance Under 38 U.S.C. 1312(a)
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).
Revised August 14, 2014
XII.ii.2.A.2.aJurisdiction 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.bTransfer 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).
3Answering Inquiries From Claimants
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.
Revised November 16, 2004
XII.ii.2.A.3.aInquiries 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.bReferring 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.
End of Part XII, Subpart ii, Chapter 2, Section A