Revised November 30, 2020
XII.ii.3.C.1.aResponsibility for Establishing eFolders
The St. Louis Regional Office’s (RO’s) Restored Entitlement Program for Survivors (REPS) Unit
- establishes electronic claims folders (eFolders) in the Veterans Benefits Management System (VBMS), when necessary, for the processing of REPS claims, and
- stores all REPS-related documentation in the eFolders.
All VA Forms 21P-8924, Application of Surviving Spouse or Child for REPS Benefits (Restored Entitlement Program for Survivors), and related REPS material addressed to the St. Louis RO are forwarded directly to the REPS Unit.
XII.ii.3.C.1.bHow to Process Incoming REPS Applications
Follow the steps in the table below to process all incoming VA Forms 21P-8924.
| Step | Action |
|---|---|
1 | Has the claimant provided all the information the form requires?
|
2 | Disregard the remaining steps in this table after taking the actions described in the table below. If … Thenestablish end product (EP) … |
service connection (SC) for the cause of death has not been established | 140, Initial S/C Death. |
SC for the cause of death has been established but eligibility for REPS benefits has not been established | 020, REPS Reopen. |
neither of the situations described in the preceding two rows exist | 290, REPS. |
3 | Were attempts to obtaining the missing information by telephone successful?
|
4 | Establish EP 290, REPS , using the appropriate payee code, if no REPS-related EP is pending. |
5 |
|
6 | Did the claimant provide the missing information within 30 days?
|
7 | Close the tracked item added in Step 5, if it remains open. |
8 | Deny the claim for REPS benefits. |
9 | Change the EP 290 to EP 400, Correspondence. |
10 | Send a decision notice to the claimant that meets the requirements set forth in M21-1, Part VI, Subpart i, 1.B. |
11 | Upload the decision notice to the appropriate eFolder, using the proper document label. |
12 | Clear the EP 400. |
2Establishing Relationship and Dependency for REPS Benefits
This topic contains information on establishing relationship and dependency for REPS benefits, including
- determining
- eligibility for REPS benefits, and
- whether a claimant is a dependent according to SSA criteria
- filing a claim with SSA
- advising claimants to file a claim with SSA, and
- accepting prior decisions made by SSA regarding an individual’s status as a dependent.
Revised July 19, 2019
XII.ii.3.C.2.aDetermining Eligibility for REPS Benefits
For information on the eligibility requirements for REPS benefits, see M21-1, Part XII, Subpart ii, 3.A.2.c and d.
XII.ii.3.C.2.bDetermining Whether a Claimant Is a Dependent According to SSA Criteria
Use data the Social Security Administration (SSA) provides in its master beneficiary record (MBR) to determine whether the Department of Veterans Affairs (VA) may recognize a claimant as a surviving spouse or child for the purpose of paying benefits under REPS. VA accepts SSA decisions regarding an individual’s status as a deceased Veteran’s dependent.
XII.ii.3.C.2.cFiling a Claim With SSA
A REPS claimant is not required to file a claim with SSA and failure to do so is not a bar to further processing of the REPS claim.
XII.ii.3.C.2.dAdvising Claimants to File a Claim With SSA
If a REPS claimant is not receiving SSA benefits, but there appears to be possible entitlement under the SSA program, advise the claimant to file a claim with SSA.
XII.ii.3.C.2.eAccepting Prior Decisions Made by SSA Regarding an Individual’s Status as a Dependent
If a person previously denied benefits by SSA for failure to establish status as a dependent files a REPS claim, VA must accept the prior decision made by SSA. Notify the claimant that the REPS claim has been denied because the claimant, as a dependent, has not established entitlement to Social Security benefits, which the REPS program replaces. Include VA decision review rights.
3Requesting an MBR From SSA
This topic contains information on requesting an MBR from SSA, including
- when to request an MBR
- how to request an MBR
- maintaining control of MBR requests, and
- information in an MBR.
Change Date
Revised November 30, 2020
XII.ii.3.C.3.aWhen to Request an MBR
Request an MBR from the local SSA district office
- for all initial claims, and
- in any instance where it appears that a change in SSA payments may have an effect on payments to any beneficiary receiving REPS payments.
XII.ii.3.C.3.bHow to Request an MBR
Request the MBR by faxing a list of corresponding Social Security numbers to the local SSA district office. Enter VAREPS as the subject of the fax. Note: Permission to fax the list referenced in this block is limited to members of the St. Louis REPS Unit.
XII.ii.3.C.3.cMaintaining Control of MBR Requests
Add the Other Request tracked item with a suspense date that is five business days from the current date to control both the first and second requests for an MBR. If there is no reply after submission of a second request, refer the case to the SSA district office liaison for REPS claims.
XII.ii.3.C.3.dInformation in an MBR
Normally, an MBR will be available from SSA; it must contain the necessary information upon which payments can be made, including the
- REPS primary insurance amount (PIA)
- REPS family maximum, and
- names of eligible dependents under the Veteran’s Social Security record.
4Calculating the Monthly REPS Benefit for Claimants
This topic contains information on calculating the monthly REPS benefit for claimants, including
- REPS monthly benefit
- computing the REPS PIA and REPS family maximum separately
- how to calculate the REPS PIA and REPS family maximum
- paying the minimum sole survivor rate (MSSR)
- applying legislative increases to running awards
- deductions affecting payment of REPS benefits
- offsets affecting payment of REPS benefits, and
- automated computing of the REPS PIA and REPS family maximum.
Revised July 19, 2019
XII.ii.3.C.4.aREPS Monthly Benefit
The REPS monthly benefit is the lesser of 75 percent of the
- REPS PIA, if there are two or fewer potential claimants for REPS or SSA benefits, or
- claimant’s proportionate share of the REPS family maximum, if there are more than two potential claimants for REPS or SSA benefits.
XII.ii.3.C.4.bComputing the REPS PIA and REPS Family Maximum Separately
Compute the REPS PIA and the REPS family maximum separately for a surviving spouse/parent claimant and for a student claimant because the
- surviving spouse’s PIA and family maximum are subject to legislative increases in Dependency and Indemnity Compensation (DIC), and
- student’s PIA and family maximum are subject to legislative increases in Dependents’ Educational Assistance (DEA) under 38 U.S.C. Chapter 35.
Reference: For more information on legislative increases in benefits, see 38 CFR 3.812(b).
XII.ii.3.C.4.cHow to Calculate the REPS PIA and REPS Family Maximum
Follow the steps in the table below to calculate the REPS PIA and REPS family maximum benefit.
| Step | Action |
|---|---|
| 1 | Ascertain the following from the MBR provided by SSA:
|
| 2 | Increase the SSA PIA and family maximum obtained by SSA by the percentage amount of any legislative increases occurring on or after the effective date of the SSA PIA and family maximum, which is either
|
Note: If the calculation is for a
- surviving spouse, use DIC legislative increases, and
- student, use DEA legislative increases.
Result: The amounts obtained are the REPS PIA and the REPS family maximum for a surviving spouse or student claimant.
XII.ii.3.C.4.dPaying the MSSR
If the claimant is the sole survivor, pay the minimum sole survivor rate (MSSR) if it is greater than the original benefit rate and the wage earner was entitled prior to January 1, 1982. Notes:
- Base the MSSR paid on the applicable PIA factor code.
- Increase the MSSR by the percentage of any legislative increases that apply to REPS payees.
Reference: For more information on the MSSR, see SSA’s Programs Operations Manual System (POMS) RS 615.650.
XII.ii.3.C.4.eApplying Legislative Increases to Running Awards
Any legislative increase in DIC rates will apply to REPS surviving spouse payees and any legislative increase in DEA will apply to REPS student payees. Apply the percentage of these statutory increases in VA benefits to the REPS PIA and the REPS family maximum. Note: The calculation described in this block will soon be performed automatically by the computer program.
XII.ii.3.C.4.fDeductions Affecting Payment of REPS Benefits
REPS benefits are subject to the deductions listed below:
- A phase-out student is only entitled to the difference between the amount of the gross monthly benefit payable under the REPS computation and the amount SSA is paying.
- The REPS benefit payable is subject to reduction based on wages and self-employment earnings.
Reference: For more information on the limit on wages and self-employment earnings, see M21-1, Part XII, Subpart ii, 3.C.8.
XII.ii.3.C.4.gOffsets Affecting Payment of REPS Benefits
The REPS gross benefit amount is subject to offset if the beneficiary is receiving
- payment as the parent of a surviving child, and
- a pension from the Federal Government, a State government, or any political subdivision thereof.
Notes:
- The pension must be based on the individual’s own earnings for the offset to apply.
- The offset does not apply if eligibility for the government pension was established prior to
- December 1982, or
- July 1983 and the claimant established that one half of his/her support was provided by the deceased Veteran wage earner.
- The offset rate
- for the period January 1978 through June 1983 is 100 percent, and
- from July 1983 is $2 in REPS benefits for every $3 of monthly pension payable.
XII.ii.3.C.4.hAutomated Computing of the REPS PIA and REPS Family Maximum
If SSA has not computed the REPS PIA, VA’s computer system will soon automatically determine the REPS PIA and REPS family maximum.
5Withholding and Paying REPS Benefits for Other Potential Claimants
This topic contains information on withholding and paying REPS benefits for other potential claimants, including
- considering the existence of potential claimants
- when to withhold benefits and make payments
- time limits relating to REPS benefits eligibility
- payment of available difference when withholding has not been made, and
- example of making payment when withholding has not been made.
Revised July 19, 2019
XII.ii.3.C.5.aConsidering the Existence of Potential Claimants
When taking award action, consider the existence of any other potential claimant who appears to have entitlement to either REPS or SSA benefits, based on information from SSA’s MBR and VA’s Beneficiary Identification and Records Locator Subsystem. If information of record indicates there is a potential claimant, compute the award as if the potential claimant were to be awarded benefits.
XII.ii.3.C.5.bWhen to Withhold Benefits and Make Payments
Withhold benefits in the following cases:
- a student claimant files a REPS application and the evidence of record shows there is another potentially eligible child claimant, or
- a child will attain age 18 while the REPS beneficiary is being paid.
Make payment in these cases during the potential period of concurrent payment as if there were actually two schoolchild beneficiaries in receipt of payments. Note: The withholding stays in effect until
- the potential claimant
- files an application
- marries, or
- can be deemed age 22, or
- there is a determined period of nonentitlement.
XII.ii.3.C.5.cTime Limits Relating to REPS Benefits Eligibility
Under 38 CFR 3.812(f) there is no time limit for filing a claim for REPS benefits. Under 38 CFR 3.652(b) there is no time limit for furnishing certification of continued benefit eligibility for purposes of reducing or eliminating an overpayment created due to an initial failure to furnish evidence of continued eligibility.
XII.ii.3.C.5.dPayment of Available Difference When Withholding Has Not Been Made
Follow the instructions in the table below if
- another eligible claimant files a claim for benefits after an award has been made, and
- there has been no prior withholding of benefits.
| Step | Action |
|---|---|
| 1 | Pay the new claimant the difference between the REPS family maximum and the total amount paid to the other claimants, effective the earliest date of the new claimant’s entitlement. |
| 2 | Prepare and send a notice of proposed adverse action to the current payee(s). In the notice, inform the payee(s) that VA must reduce the monthly benefit to a rate that contemplates the payment of benefits to the new claimant, effective the first of the month following the end of a 60-day period that begins with the date of the notice. Reference: For more information about preparing and sending a notice of proposed adverse action, see M21-1, Part X, Subpart ii, 3.A. |
| 3 | Unless the payee(s) submit(s) evidence within 65 days that shows the proposed action should not be taken, pay all payees, including the new claimant, an equal share of the REPS family maximum, effective the date in the LAST PAID DATE field on the AWARD INFORMATION tab in Share. Note: Follow the instructions in M21-1, Part X, Subpart ii, 3.B.3, if the payee(s) request a hearing in response to the notice of proposed adverse action. |
XII.ii.3.C.5.eExample of Making Payment When Withholding Has Not Been Made
Situation: Two schoolchild beneficiaries are receiving REPS, and an additional schoolchild establishes REPS entitlement retroactively. The first two schoolchildren have been receiving payment at 75 percent of the PIA, but with the additional child, the family maximum must be applied. Actions:
- Pay the additional child the available difference between the family maximum and the total amount paid to the other two schoolchildren from the additional schoolchild’s earliest payment effective date.
- Follow the due process procedures shown in M21-1, Part X, Subpart ii, 3.A, to advise the first two schoolchildren of the reduction in their payment rates.
- After the due process period expires, award each schoolchild the appropriate share of the family maximum, effective the date in the LAST PAID DATE field on the AWARD INFORMATION tab in Share.
6REPS Provisions for Effective Dates and School Provisions
This topic contains information on REPS provisions for effective dates and school provisions, including
- effective dates for payment of REPS benefits
- payment of REPS benefits for children
- when a school
- approval is required, and
- is considered approved, and
- establishing full-time attendance.
Revised July 19, 2019
XII.ii.3.C.6.aEffective Dates for Payment of REPS Benefits
Following receipt of a claim for REPS benefits, pay REPS benefits for all periods of eligibility beginning on or after the first day of the month in which the claimant becomes eligible. Notes:
- Do not pay REPS benefits for any period prior to January 1, 1983.
- If SC for the cause of the Veteran’s death is established on a presumptive basis, the effective date of REPS benefits is not limited by the effective date of the regulation that allows for the establishment of SC on a presumptive basis. Award REPS benefits retroactive for all periods of eligibility.
References: For more information on
- eligibility for REPS benefits, see 38 CFR 3.812(f)
- effective dates for the awarding of REPS benefits, see VAOPGCPREC 7-1998, and
- the establishment of SC on a presumptive basis, see M21-1, Part V, Subpart ii, 2.B.
XII.ii.3.C.6.bPayment of REPS Benefits for Children
Pay REPS benefits when
- an entitled child is
- between the ages of 18 and 22, and
- enrolled in a postsecondary program as a full-time student, and
- the school meets SSA’s approval requirements.
Do not pay REPS benefits for
- correspondence courses
- on-the-job training programs, or
- online courses.
XII.ii.3.C.6.cWhen a School Approval Is Required
A determination regarding school approval is necessary only if the
- evidence of record does not show the school or training institution has current VA approval, or
- course is not listed in POMS.
Reference: For more information on undertaking development to verify school approval, see POMS RS 00205.250.
XII.ii.3.C.6.dWhen a School Is Considered Approved
A school is approved for the purpose of awarding REPS benefits if
- it is approved by a State or national accrediting agency
- it is operated or supported by the United States Government or a State or local government, or
- its credits are accepted on transfer by three institutions that meet one of the requirements described in the preceding bullets.
XII.ii.3.C.6.eEstablishing Full-Time Attendance
Certification by an official of a college or university that attendance is full-time according to the institution’s standards is sufficient to establish full-time attendance. For non-college degree programs (technical, trade, or vocational schools), the student must be attending full-time by the school’s standards. Note: Normally, 20 clock hours of attendance per week establishes full-time attendance for non-college degree programs. Reference: For more information on what constitutes full-time attendance, see
7Certification of School Attendance
This topic contains information on certification of school attendance, including
- requirement of certification of attendance
- payment during a period of nonattendance
- controlling for re-enrollment after a period of nonattendance
- certification when there is
- an active DEA benefit payment, and
- no active DEA benefit payment
- certification at the end of the school year, and
- process if certification is not received.
Revised November 30, 2020
XII.ii.3.C.7.aRequirement of Certification of Attendance
Certification of attendance by a school official is required at the beginning and end of each school year. Certifications are normally sent to the student. VA accepts as certification a VA Form 21P-8926, Certification of School Attendance – REPS, that a student submits, as long a school official has completed blocks 8 through 13C of the form.
XII.ii.3.C.7.bPayment During a Period of Nonattendance
Award benefits before the beginning date of school attendance, based on the statement of the student on the application, if
- the period of nonattendance is four full calendar months or less, and
- the student establishes that he/she
- intends to be in full-time attendance at a postsecondary school immediately following the period of nonattendance, or
- is in full-time attendance at a postsecondary school immediately following the period of nonattendance.
XII.ii.3.C.7.cControlling for Re-enrollment After a Period of Nonattendance
To control for re-enrollment that is scheduled to begin after a period of nonattendance,
- establish a diary to provide for release of a certification no later than 30 days after the scheduled commencement date of attendance, and
- request an immediate certification of attendance, VA Form 21P-8926, if there is any question about the claimant’s actual attendance that would affect entitlement to payment of benefits.
Note: During the end of the month (EOM) in October, a system-generated listing is produced and mailed to the St. Louis RO showing active REPS student beneficiaries.
XII.ii.3.C.7.dCertification When There Is an Active DEA Payment
Follow the steps in the table below for handling certifications when there is an active DEA payment being made to the claimant. Note: The RO is provided a list of active REPS student beneficiaries during the EOM in October.
| Step | Action |
|---|---|
| 1 | Review the DEA record to confirm full-time attendance of each REPS beneficiary on the list. |
| 2 | Is the REPS beneficiary in full-time attendance?
Notes:
|
| 3 |
|
| 4 | Notify the beneficiary of the following:
|
| 5 | Did the beneficiary provide the certification within 65 days?
|
XII.ii.3.C.7.eCertification When There Is No Active DEA Payment
Follow the instructions in the table in M21-1, Part XII, Subpart ii, 3.C.7.d, starting with Step 3 , for handling certifications when there is no active DEA payment being made to the beneficiary. Note: If the student has not resumed attendance after a period of nonattendance (not to exceed four calendar months), discontinuation of the award is effective as of the end of the nonattendance period. Reference: For more information on payment during a period of nonattendance, see M21-1, Part XII, Subpart ii, 3.C.7.b.
XII.ii.3.C.7.fProcess if Certification Is Not Received
The table below describes the process that occurs when a beneficiary fails to timely certify school attendance.
| Stage | Description |
|---|---|
| 1 | At the EOM in May, all beneficiaries that have not timely certified school attendance receive a system-generated
Note: The letter advises the beneficiary of the proposed date of discontinuation, which is the first of the month after the month school attendance commenced. |
| 2 | During the EOM in July, a system-generated list of beneficiaries that have not certified school attendance is mailed to the St. Louis RO. |
| 3 | The St. Louis REPS Unit stops the award of each beneficiary that failed to certify school attendance effective the first of the month after the month school attendance commenced. Note: If it becomes necessary to stop an award from an earlier effective date, the REPS Unit must send the beneficiary another notice of proposed adverse action. Reference: For more information on notices of proposed adverse action, see M21-1, Part X, Subpart ii, 3.A. |
8Limitations on Annual Wages and Earnings for REPS Eligibility
This topic contains information on the limitations on annual wages and earnings for REPS eligibility, including information on
- setting limits on the annual amount of wages or earnings
- determining
- entitlement to REPS benefits by evaluating monthly earnings, and
- whether self-employment
- is an issue for consideration, and
- services are substantial, and
- considering a beneficiary’s foreign earnings.
Revised July 19, 2019
XII.ii.3.C.8.aSetting Limits on the Annual Amount of Wages or Earnings
REPS cases are subject to an annual wage/earnings test that sets a limit on the annual amount of wages or earnings. The authorization activity must reduce or discontinue payments if a beneficiary reports excessive wages. Reduce the REPS benefit by one dollar for every two dollars of wages over the annual limit. Note: The annual wage limit is amended by law each year. To view the wage limit for a given year,
- access SSA’s Cost-of Living Adjustment (COLA) Information webpage
- scroll down to the paragraph that lists hyperlinks to documents titled The [year] COLA , and
- click on the hyperlink to the document containing COLA information for the year in question.
XII.ii.3.C.8.bDetermining Entitlement to REPS Benefits by Evaluating Monthly Earnings
Determine entitlement to REPS benefits by evaluating the beneficiary’s monthly earnings as reflected on SSA’s MBR. The monthly earnings may result in a beneficiary’s REPS benefits either
- going up and down from month to month, or
- being stopped for one or more months during an initial or grace year.
XII.ii.3.C.8.cDetermining Whether Self-Employment Is an Issue for Consideration
Use SSA’s MBR and income information on VA Form 21P-8924 to determine whether a beneficiary’s self-employment is an issue for consideration if
- a REPS beneficiary that is self-employed reports earnings that are above the exempt amount, and
- the review period is during the initial or grace year.
XII.ii.3.C.8.dDetermining Whether Self-Employment Services Are Substantial
When a beneficiary devotes more than 45 hours to self-employment in a month, services are considered substantial. When a beneficiary devotes less than 15 hours to self-employment in a month, services are not considered substantial. Generally, if a beneficiary devotes between 15 and 45 hours to self-employment, services are considered substantial if the beneficiary is involved in
- a highly skilled occupation, or
- the management of a sizable business.
Notes:
- A special determination of REPS eligibility is required when a beneficiary reports
- wages that exceed a monthly limit set by law, or
- more than 45 hours of self-employment in one month.
- To view the monthly wage limit referenced in the preceding paragraph,
- access SSA’s COLA Information webpage
- scroll down to the paragraph that lists hyperlinks to documents titled The[year]COLA , and
- click on the hyperlink to the document containing COLA information for the year in question.
XII.ii.3.C.8.eConsidering a Beneficiary’s Foreign Earnings
When a beneficiary reports foreign earnings, apply the procedure described in POMS RS 2605.
9Preparing REPS Awards and Denials
This topic contains information on preparing REPS awards and denials, including information on
- completing award or denial action
- establishing REPS accounts receivable
- notifying claimants of decisions, and
- handling disagreements based on a prior SSA determination.
Revised July 19, 2019
XII.ii.3.C.9.aCompleting Award Action
When completing a REPS award or denial action,
- establish the appropriate EP if one was not previously established
- follow the computer prompts to enter the award or denial data
- follow the instructions in M21-1, Part XII, Subpart ii, 3.C.9.d, and
- upload a copy of the decision notice into the appropriate eFolder.
Reference: For more information about entering data into VBMS Awards (VBMS-A), see the VBMS-A User Guide.
XII.ii.3.C.9.bEstablishing REPS Accounts Receivable
The St. Louis RO is responsible for
- establishing any REPS accounts receivable
- collecting all REPS debts, and
- any waiver actions resulting from REPS overpayments.
XII.ii.3.C.9.cNotifying Claimants of Decisions
After awarding or denying entitlement to REPS benefits, issue the claimant a decision notice that
- contains all applicable elements of decision notification, as described in 38 CFR 3.103(f)
- explains the reasons for award action or denial, and
- discloses the creation of any overpayment.
Reference: For more information on required elements of a decision notice, see M21-1, Part VI, Subpart i, 1.B.1.b.
XII.ii.3.C.9.dHandling Disagreements Based on a Prior SSA Determination
Follow the steps in the table below when a claimant submits a legacy notice of disagreement (NOD) or request for decision review under 38 CFR 3.2500, regarding denial of a REPS claim based on a prior SSA determination as to the status of the claimant as the deceased Veteran’s dependent. Reference: For information on handling a legacy NOD regarding denial of a claim for other reasons, such as marriage or full-time wages, see M21-5, Chapter 6, Section B.
| Step | Action |
|---|---|
| 1 |
|
| 2 |
Note: The conclusion of the decision follows SSA’s finding of non-entitlement unless
|
| 3 | Has the SSA decision been affirmed?
|
10Reviewing REPS Payment Data
Revised July 19, 2019
XII.ii.3.C.10.aReviewing REPS Payment Data
The VBMS Awards User Guide contains instructions for reviewing REPS payment data.
End of Part XII, Subpart ii, Chapter 3, Section C