[Federal Register Volume 86, Number 95 (Wednesday, May 19, 2021)]
[Notices]
[Pages 27146-27148]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10509]


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DEPARTMENT OF VETERANS AFFAIRS


Veterans and Survivors Pension and Parents' Dependency and 
Indemnity Compensation Cost of Living Adjustments Effective December 1, 
2020

AGENCY: Department of Veterans Affairs (VA).

ACTION: Notice.

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SUMMARY: As required by law, VA is hereby giving notice of Cost-of-
Living Adjustments (COLA) in certain benefit rates and income 
limitations. These COLAs affect the Pension and Parents' Dependency and 
Indemnity Compensation (DIC) programs. The rate of the adjustment is 
tied to the increase in Social Security benefits effective December 1, 
2020, as announced by the Social Security Administration (SSA). SSA has 
announced an increase of 1.3%.

DATES: The COLAs became effective December 1, 2020, as required by 38 
U.S.C. 5312.

FOR FURTHER INFORMATION CONTACT: Terrence Minyard, Pension Analyst, 
Pension and Fiduciary Service, Veterans Benefits Administration, 
Department of Veterans Affairs, 810 Vermont Avenue NW, Washington, DC 
20420, 202-632-8863. (This is not a toll-free number.)

SUPPLEMENTARY INFORMATION: Under the provisions of 38 U.S.C. 5312 and 
section 306 of Public Law 95-588, VA is required to increase the 
benefit rates and income limitations in the Pension and Parents' DIC 
programs by the same percentage, and effective the same date, as 
increases in the benefit amounts payable under Title II of the Social 
Security Act. VA is required to publish the increased rates and income 
limitations in the Federal Register.
    The Social Security Administration announced a 1.3% COLA increase 
in Social Security benefits effective December 1, 2020. Therefore, 
applying the same percentage and rounding in accordance with 38 CFR 
3.29, the following increased rates and income limitations for the VA 
Pension and Parents' DIC programs became effective December 1, 2020:

Pension

Maximum Annual Rates--Veterans

    (1) Veterans permanently and totally disabled (38 U.S.C. 1521):
    Veteran with no dependents, $13,931.
    Veteran with one dependent, $18,243.
    For each additional dependent, $2,382.
    (2) Veterans in need of aid and attendance (38 U.S.C. 1521):

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    Veteran with no dependents, $23,238.
    Veteran with one dependent, $27,549.
    For each additional dependent, $2,382.
    (3) Veterans who are housebound (38 U.S.C. 1521):
    Veteran with no dependents, $17,024.
    Veteran with one dependent, $21,337.
    For each additional dependent, $2,382.
    (4) Two Veterans married to one another, combined rates (38 U.S.C. 
1521):
    Neither Veteran in need of aid and attendance or housebound, 
$18,243.
    Either Veteran in need of aid and attendance, $27,549.
    Both Veterans in need of aid and attendance, $36,861.
    Either Veteran housebound, $21,337.
    Both Veterans housebound, $24,428.
    One Veteran housebound and one Veteran in need of aid and 
attendance, $30,635.
    For each dependent child, $2,382.
    (5) Net worth limit under 38 CFR 3.274(a):
    For purposes of entitlement to VA pension, the net worth limit 
effective December 1, 2020, is $130,773.
    (6) Monthly Penalty Rate under 38 CFR 3.276(e)(1):
    The monthly penalty rate is $2,295.
    Mexican border period and World War I Veterans: The applicable 
maximum annual rate payable to a Mexican border period or World War I 
Veteran under this table shall be the applicable rate under paragraph 
(1)-(4), increased by $3,166. (38 U.S.C. 1521(g)).

Maximum Annual Rates--Survivor Beneficiaries

    (7) Surviving spouse alone and with a child or children of the 
deceased Veteran in custody of the surviving spouse (38 U.S.C. 1541):
    Surviving spouse alone, $9,344.
    Surviving spouse and one child in his or her custody, $12,229.
    For each additional child in his or her custody, $2,382.
    (8) Surviving spouses in need of aid and attendance (38 U.S.C. 
1541, 1536):
    Surviving spouse alone, $14,934.
    Surviving spouse with one child in custody, $17,815.
    Surviving Spouse of Spanish-American War Veteran alone, $15,539.
    Surviving Spouse of Spanish-American War Veteran with one child in 
custody, $18,355.
    For each additional child in his or her custody, $2,382.
    (9) Surviving spouses who are housebound (38 U.S.C. 1541):
    Surviving spouse alone, $11,420.
    Surviving spouse and one child in his or her custody, $14,300.
    For each additional child in his or her custody, $2,382.
    (10) Surviving child alone (38 U.S.C. 1542), $2,382.
    (11) Net worth limit under 38 CFR 3.274(a):
    For purposes of entitlement to VA pension, the net worth limit 
effective December 1, 2020, is $130,773.
    (12) Monthly Penalty Rate under 38 CFR 3.276(e)(1):
    The monthly penalty rate effective December 1, 2020, is $2,295.
    Reduction for income: The rate payable is the applicable maximum 
rate minus the countable annual income of the eligible person. (38 
U.S.C. 1521, 1541 and 1542).

Section 306 Pension Income Limitations

    Veteran or surviving spouse with no dependents, $15,845 (Pub. L. 
95-588, section 306(a)).
    Veteran in need of aid and attendance with no dependents, $16,415 
(38 U.S.C. 1521(d) as in effect on December 31, 1978).
    Veteran or surviving spouse with one or more dependents, $21,298 
(Pub. L. 95-588, section 306(a)).
    Veteran in need of aid and attendance with one or more dependents, 
$21,866 (38 U.S.C. 1521(d) as in effect on December 31, 1978).
    Child (no entitled Veteran or surviving spouse), $12,956 (Pub. L. 
95-588, section 306(a)).
    Spouse income exclusion (38 CFR 3.262), $5,060 (Pub. L. 95-588, 
section 306(a)(2)(B)).

Old-Law Pension Income Limitations

    Veteran or surviving spouse without dependents or an entitled 
child, $13,875 (Pub. L. 95-588, section 306(b)).
    Veteran or surviving spouse with one or more dependents, $19,997 
(Pub. L. 95-588, section 306(b)).

Parents' DIC

    DIC shall be paid monthly to parents of a deceased Veteran in the 
following amounts (38 U.S.C. 1315):
    One parent (38 U.S.C. 1315(b)): If there is only one parent, the 
monthly rate of DIC paid to such parent shall be $672, reduced on the 
basis of the parent's annual income according to the following formula:
    For each $1 of annual income which is more than $0.00 but not more 
than $800, the $672 monthly rate shall not be reduced.
    For each $1 of annual income which is more than $800 but not more 
than $9,138, the monthly rate shall be reduced by $0.08.
    For each $1 of annual income which is more than $9,138, the monthly 
rate will not be reduced.
    No Parents' DIC is payable under this table if annual income 
exceeds $15,845.
    One parent who has remarried: If there is only one parent and the 
parent has remarried and is living with the parent's spouse, DIC shall 
be paid under 38 U.S.C. 1315(b) or under 38 U.S.C. 1315(d), whichever 
shall result in the greater benefit being paid to the Veteran's parent. 
In the case of remarriage, the total combined annual income of the 
parent and the parent's spouse shall be counted in determining the 
monthly rate of DIC.
    One of two parents not living with spouse (38 U.S.C. 1315(c)): The 
rates below apply to (1) two parents who are not living together, or 
(2) an unmarried parent when both parents are living and the other 
parent has remarried. The monthly rate of DIC paid to each such parent 
shall be $487 reduced on the basis of each parent's annual income, 
according to the following formula:
    For each $1 of annual income which is more than $0 but not more 
than $800, the $487 monthly rate shall not be reduced.
    For each $1 of annual income which is more than $800 but not more 
than $6,825, the monthly rate shall be reduced by $0.08.
    For each $1 of annual income which is more than $6,825, the monthly 
rate shall not be reduced.
    No Parents' DIC is payable under this table if annual income 
exceeds $15,845.
    One of two parents living with spouse or other parent (38 U.S.C. 
1315(d)): The rates below apply to each parent living with another 
parent; and each remarried parent, when both parents are alive. The 
monthly rate of DIC paid to such parents will be $458 reduced on the 
basis of the combined annual income of the two parents living together 
or the remarried parent or parents and spouse or spouses, as computed 
under the following formula:
    For each $1 of annual income which is more than $0 but not more 
than $1,000, the $458 monthly rate shall not be reduced.
    For each $1 of annual income which is more than $1,000 but not more 
than $1,400, the monthly rate shall be reduced by $0.03.
    For each $1 of annual income which is more than $1,400 but not more 
than $1,700, the monthly rate shall be reduced by $0.04.
    For each $1 of annual income which is more than $1,700 but not more 
than $2,000, the monthly rate shall be reduced by $0.05.
    For each $1 of annual income which is more than $2,000 but not more 
than $2,300, the monthly rate shall be reduced by $0.06.

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    For each $1 of annual income which is more than $2,300 but not more 
than $2,600, the monthly rate shall be reduced by $0.07.
    For each $1 of annual income which is more than $2,600 but not more 
than $7,225, the monthly rate shall be reduced by $0.08.
    For each $1 of annual income which is more than $7,225, the monthly 
rate shall not be reduced.
    No Parents' DIC is payable if the annual income exceeds $21,298.
    These rates are also applicable in the case of one surviving parent 
who has remarried, computed on the basis of the combined income of the 
parent and spouse, if this would be a greater benefit than that 
specified in the rates for 38 U.S.C. 1315(b) for one parent.
    Aid and attendance: The monthly rate of DIC payable to a parent per 
the guidelines above shall be increased by $364 if such parent is (1) a 
patient in a nursing home, or (2) helpless or blind, or so nearly 
helpless or blind as to need or require the regular aid and attendance 
of another person.
    Minimum rate: The monthly rate of DIC payable to any parent shall 
not be less than $5.

Signing Authority

    Denis McDonough, Secretary of Veterans Affairs, approved this 
document on May 10, 2021, and authorized the undersigned to sign and 
submit the document to the Office of the Federal Register for 
publication electronically as an official document of the Department of 
Veterans Affairs.

Luvenia Potts,
Regulation Development Coordinator, Office of Regulation Policy & 
Management, Office of General Counsel, Department of Veterans Affairs.
[FR Doc. 2021-10509 Filed 5-18-21; 8:45 am]
BILLING CODE 8320-01-P