Part XII, Subpart ii, Chapter 3, Section AOverview of the Restored Entitlement Program for Survivors (REPS)

Revised May 8, 2019

XII.ii.3.A.1.a#Origin of REPS

Benefits payable under Public Law (PL) 97-377 , Section 156, are called Restored Entitlement Program for Survivors (REPS) benefits. The program was given this name because PL 97-377 , Section 156, restores Social Security Administration (SSA) benefits that were terminated as part of the Omnibus Budget Reconciliation Act of 1981,PL 97-35.

XII.ii.3.A.1.b#Relationship Between PL 97-35 and REPS

The 1981 changes in PL 97-35 eliminated

• the “parent with child in care” benefit when the last child in a surviving spouse’s care attains age 16, and
• most student benefits for children over the age of 18.

REPS restores benefits to

• a surviving spouse that is caring for a child of the Veteran and surviving spouse while the child is between the ages of 16 and 18, and
• unmarried postsecondary school students between ages 18 and 22.

XII.ii.3.A.1.c#Unique Nature of REPS

REPS is unique in that it is funded by the Department of War and administered by the Department of Veterans Affairs (VA) using a mixture of VA and SSA eligibility criteria. SSA eligibility criteria are used in order to pay benefits to the claimant for approximately the same duration they would have been paid but for the 1981 changes. Reference: For more information on REPS, see

• 38 CFR 3.812, and
• VA Form 21-0536, REPS Benefits Fact Sheet.

2Eligibility for REPS Benefits

This topic contains information on the eligibility criteria for REPS benefits, including information on

• applying for REPS benefits
• basic eligibility requirements
• who is eligible for REPS benefits
• ineligibility of former spouses
• establishing eligibility based on
  • service-connected (SC) death, and
  • death after separation from service
• considering character of discharge
• establishing eligibility in special circumstances, and
• establishing basic eligibility in wartime missing-in- action (MIA) cases.

Revised May 8, 2019

XII.ii.3.A.2.a#Applying for REPS Benefits

VA will consider a claim for REPS benefits only upon receipt of a completed VA Form 21P-8924 , Application of Surviving Spouse or Child for REPS Benefits (Restored Entitlement Program for Survivors).

XII.ii.3.A.2.b#Basic Eligibility Requirements

Certain spouses and schoolchildren have basic eligibility to REPS benefits if they are survivors of a member of the Armed Forces who

• died while on active duty before August 13, 1981, or
• died from disabilities incurred in or aggravated by active duty before August 13, 1981.

Reference: For more information on REPS eligibility requirements, see 38 CFR 3.812(a).

XII.ii.3.A.2.c#Who Is Eligible for REPS Benefits

Pay REPS benefits

• to a surviving spouse of the qualifying deceased Veteran who has in their care a child of the deceased Veteran and surviving spouse that is between the ages of 16 and 18, or
• to an unmarried schoolchild who is
  • between the ages of 18 and 22, and
  • in full-time attendance at an approved postsecondary school.

Notes:

• A surviving spouse who remarries may establish eligibility if the marriage is subsequently terminated.
• A child who marries after eligibility has been established
  • may again establish eligibility if the marriage is voided or annulled, but
  • may not again establish eligibility if the marriage is terminated by divorce or death of the child’s spouse.

Reference: For more information on approved postsecondary schools, see M21-1, Part XII, Subpart ii, 3.C.6.

XII.ii.3.A.2.d#Ineligibility of Former Spouses

A divorced spouse of a deceased Veteran is not eligible for benefits under REPS because they cannot be considered a surviving spouse at the time of the Veteran’s death.

XII.ii.3.A.2.e#Establishing Eligibility Based on SC Death

If death occurred in service, the

• service must meet the definition of “active military, naval, or air service” as described in 38 CFR 3.6(a), and
• death must have occurred before August 13, 1981.

Note: If death occurred in service, line of duty is not a factor.Reference: For more information on death in service occurring after August 12, 1981, see M21-1, Part XII, Subpart ii, 3.B.3.b.

XII.ii.3.A.2.f#Establishing Eligibility Based on Death After Separation From Service

If the Veteran died after separation from service, the

• death must have resulted from a disability incurred or aggravated in the active military, naval, or air service before August 13, 1981, and
• disability must have been incurred in the line of duty.

Note: If separation from service was after August 12, 1981, the service-connected (SC) disability must have had its onset prior to August 13, 1981.Reference: For more information on death or disability after separation from service, see M21-1, Part XII, Subpart ii, 3.B.3.

XII.ii.3.A.2.g#Considering Character of Discharge

Although the Veteran’s character of discharge might be a bar to the payment of benefits under 38 U.S.C. 5303, there may be entitlement to REPS benefits, provided the

• post-service death was the result of a disability incurred in or aggravated by service before August 13, 1981, and
• disability that resulted in death was incurred in the line of duty.

XII.ii.3.A.2.h#Establishing Eligibility in Special Circumstances

Use the table below to determine if REPS benefits are payable in special circumstances.

References: For more information on

• the payment of benefits based on service, see 38 CFR 3.812(c)(3), and

• eligibility for REPS benefits based on service, see 38 CFR 3.812(c).

XII.ii.3.A.2.i#Establishing Basic Eligibility in Wartime MIA Cases

Basic REPS eligibility exists in wartime missing-in-action (MIA) cases where

• MIA status is established prior to August 13, 1981, and
• the casualty report has a date of death on or after August 13, 1981.

Note: If MIA status was established prior to August 13, 1981, it is presumed that the actual death or disability resulting in death occurred prior to August 13, 1981.

3Providing Notice of Potential Entitlement to REPS Benefits

This topic contains information on providing notice of potential entitlement to REPS benefits, including information on

• notifying dependents of potential REPS entitlement, and
• criteria for the automatic issuance of the forms.

Revised May 8, 2019

XII.ii.3.A.3.a#Notifying Dependents of Potential REPS Entitlement

Notify dependents of their potential entitlement to REPS benefits using VA Form 21P-8924, which is the REPS application.

XII.ii.3.A.3.b#Criteria for the Automatic Issuance of the Forms

VA Form 21P-8924 is automatically released by the central system computer if

• there is a running Dependency and Indemnity Compensation award, and
• the payee is a
  • surviving spouse whose youngest child or children (in the case of twins) will reach age 16 within two months of the current processing month
  • child whose 18th birthday is two months from the current processing month, or
  • surviving spouse with a child whose 18th birthday is two months from the current processing month.

4Handling Inquiries From Claimants

Revised May 8, 2019

XII.ii.3.A.4.a#Claimants’ Inquiries to ROs

Normally, REPS claimants contact the St. Louis Regional Office (RO) with inquiries relating to REPS benefits. In the event a claimant or beneficiary contacts an RO other than the St. Louis RO with a REPS-related inquiry, instruct them to contact the St. Louis RO directly by

• telephone ((314) 253-4383), or
• e-mail (REPS.VBASTL@va.gov).

5Jurisdiction for REPS Claims

Revised May 8, 2019

XII.ii.3.A.5.a#Jurisdiction for REPS Claims

The St. Louis RO manages the processing of REPS claims. ROs must e-mail (to REPS.VBASTL@va.gov) or fax ((844) 537-7818) all VA Forms 21P-8924 and REPS-related correspondence without establishing end product control or taking any further action.