(a) This section describes the benefits for surviving dependents of active duty deceased uniformed services members, deceased National Guard and Reserve service members, deceased MOH recipients, and deceased 100 percent DAV.
(1) Surviving dependents of active duty deceased members. Surviving dependents of members who died while on active duty under orders that specified a period of more than 30 days or members who died while in a retired with pay status are eligible for benefits as shown in Table 16 to part 161.
Table 16 to Part 161--Benefits for Surviving Dependents of Active Duty Deceased Members--------------------------------------------------------------------------------------------------------------------------------------------------------
CHC DC C MWR E--------------------------------------------------------------------------------------------------------------------------------------------------------Widow or widower:
Unremarried................... 1..................... Yes................... Yes................... Yes.................. Yes.
Remarried..................... No.................... No.................... No.................... No................... No.
Unmarried..................... No.................... No.................... Yes................... Yes.................. Yes.Children, Unmarried, or Under 21
Years (Including Orphans):
Legitimate, adopted, 1..................... Yes................... 2..................... 3.................... 3.
stepchild, illegitimate child
of record of female member,
or illegitimate child of male
member whose paternity has
been judicially determined or
voluntarily acknowledged.
Ward.......................... 1, 4.................. 1, 4.................. 4..................... 4.................... 4.
Pre-adoptive Child............ 1, 5.................. 1, 5.................. 5..................... 5.................... 5.
Foster Child.................. No.................... No.................... 2..................... 2.................... 2.Children, Unmarried, 21 Years and 1, 6.................. 6..................... 2, 6.................. 6.................... 6.
Over.Father, Mother, Father-in-Law, No.................... 2..................... 2..................... 3.................... 3.
Mother-in-Law, Stepparent, or
Parent by Adoption.--------------------------------------------------------------------------------------------------------------------------------------------------------Notes:1. Yes, if the sponsor died on active duty (for dependents of National Guard or Reserve members or Retired Reserve members the period of active duty
must be in excess of 30 days in order to qualify for the benefits in this table) and:a. If claims are filed less than 3 years from the date of death, there is no Medicare exception for the widow. After 3 years from the date of death, the
(1) Not entitled to Medicare Part A hospital insurance through the SSA.(2) Entitled to Medicare Part A hospital insurance and enrolled in Medicare Part B medical insurance or qualified as an exception in accordance with
section 706 of Public Law 111-84.b. Yes, for children regardless of the number of years from the date of death or entitlement to Medicare they are entitled.2. Yes, if at the time of the sponsor's death, the person was living in a home provided by or for an authorized sponsor and was dependent on the sponsor
for over 50 percent of his or her support. Children residing in the household of the authorized sponsor at the time of death are entitled to
commissary privileges.3. Yes, if dependent on an authorized sponsor for over 50 percent of his or her support at the time of the sponsor's death or children of a sponsor
residing in the household of a former spouse (20-20-20 or 10-20-10).4. Yes, if, for determinations of dependency made on or after July 1, 1994, and prior to the death of the member, the child had been placed in the legal
custody of the member as a result of a court of competent jurisdiction in the United States (or possession of the United States) for a period of at
least 12 consecutive months; and was at the time of the sponsor's death:a. Dependent on the member for over 50 percent support.b. Residing with the member unless separated by the necessity of military service or to receive institutional care as a result of a disability or
incapacitation or under such other circumstances as the administering Secretary may, by regulation, prescribe.5. Yes, if, for determinations of dependency made on or after October 5, 1994, and prior to the death of the member, the child had been placed in the
home of the member by a placement agency (recognized by the Secretary of Defense) or by another source authorized by State or local law to provide
adoption placement, in anticipation of the legal adoption by the member.6. Yes, if the child:a. Has not attained the age of 23, is enrolled in a full-time course of study at an institution of higher learning approved by the administering
Secretary, and is or was at the time of the member's death dependent on the member for over 50 percent of the child's support; orb. Is incapable of self-support because of a mental or physical incapacity that existed before age 21, or occurred before the age of 23 while a full-
time student, while a dependent of a member or former member and is or was at the time of the member's death dependent on the member for over 50
percent of the child's support.
(2) Surviving dependents of deceased National Guard and Reserve members not on an active duty period greater than 30 days. The surviving dependents of National Guard and Reserve Service members are eligible for the benefits shown in Table 17 to part 161 if:
(i) The National Guard or Reserve member died from an injury or illness incurred or aggravated while on active duty for a period of 30 days or less, on active duty for training, or on inactive duty training, or while traveling to or from the place at which the member was to perform, or performed, such active duty, active duty for training, or inactive duty training pursuant to 10 U.S.C. 1076 and 1086(c)(2) and if death occurred on or after October 1, 1985; or
(ii) The National Guard or Reserve member died from an injury, illness, or disease incurred or aggravated while performing, or while traveling to or from performing active duty for a period of 30 days or less, or active duty for training, or inactive duty training, or while performing service on funeral honors in accordance with 10 U.S.C. 1074a and if death occurred on or after November 15, 1986.
Table 17 to Part 161--Benefits for Surviving Dependents of Deceased National Guard and Reserve Members Not On Active Duty for a Period Greater Than 30
Days--------------------------------------------------------------------------------------------------------------------------------------------------------
CHC DC C MWR E--------------------------------------------------------------------------------------------------------------------------------------------------------Widow or Widower:
Unremarried................... 1, 2.................. 2..................... 2..................... 2.................... 2.
Remarried..................... No.................... No.................... No.................... No................... No.
Unmarried..................... No.................... No.................... 2..................... 2.................... 2.Children, Unmarried, Under 21 1, 2.................. 2..................... 2, 3.................. 2, 4................. 2, 4.
Years (Including Orphans):
Legitimate, adopted,
stepchild, illegitimate child
of record of female member,
or illegitimate child of male
member whose paternity has
been judicially determined or
voluntarily acknowledged.
Ward.......................... 1, 2, 5............... 2, 5.................. 2, 5.................. 2, 5................. 2, 5.
Pre-adoptive Child............ 1, 2, 6............... 2, 6.................. 2, 6.................. 2, 6................. 2. 6.
Foster Child.................. No.................... No.................... 2, 3.................. 2, 3................. 2, 3.Children, Unmarried, 21 Years and 1, 2, 7............... 2, 7.................. 2, 3, 7............... 2, 7................. 2, 7.
Over.Father, Mother, Father-in-Law, No.................... 2, 3.................. 2, 3.................. 2, 4................. 2, 4.
Mother-in-Law, Stepparent, or
Parent by Adoption.--------------------------------------------------------------------------------------------------------------------------------------------------------Notes:1. Yes, if:a. Not entitled to Medicare Part A hospital insurance through the SSA.b. Entitled to Medicare Part A hospital insurance and enrolled in Medicare Part B medical insurance or qualified as an exception in accordance with
section 706 of Public Law 111-84.2. Yes, only if death occurred on or after 1 October 1985 in accordance with the provisions of 10 U.S.C. 1076, or on or after November 15, 1986 in
accordance with the provisions of 10 U.S.C. 1074a.3. Yes, if at the time of the sponsor's death the person was living in a home provided by or for an authorized sponsor and was dependent on the sponsor
for over 50 percent of his or her support. Children residing in the household of the authorized sponsor at the time of death, but not the household of
the sponsor's former spouse, are entitled to commissary privileges.4. Yes, if dependent on an authorized sponsor for over 50 percent of his or her support at the time of the sponsor's death or children of a sponsor
residing in the household of a former spouse (20-20-20 or 10-20-10).5. Yes, if, for determinations of dependency made on or after July 1, 1994, and prior to the death of the member, the child had been placed in the legal
custody of the member as a result of a court of competent jurisdiction in the United States (or possession of the United States) for a period of at
least 12 consecutive months and was at the time of the sponsor's death:a. Dependent on the member for over 50 percent support.b. Residing with the member unless separated by the necessity of military service or to receive institutional care as a result of a disability or
incapacitation or under such other circumstances as the administering Secretary may, by regulation, prescribe.6. Yes, if, for determinations of dependency made on or after October 5, 1994, and prior to the death of the member, the child had been placed in the
home of the member by a placement agency (recognized by the Secretary of Defense) or by another source authorized by State or local law to provide
adoption placement, in anticipation of the legal adoption.7. Yes, if the child:a. Has not attained the age of 23, is enrolled in a full-time course of study at an institution of higher learning approved by the administering
Secretary, and is or was at the time of the member's death dependent on the member for over 50 percent of the child's support; orb. Is incapable of self-support because of a mental or physical incapacity that existed before age 21, or occurred before the age of 23 while a full-
time student, while a dependent of a member and is or was at the time of the member's or former member's death dependent on the member for over 50
percent of the child's support.
(3) Surviving dependents of deceased National Guard and Reserve members in receipt of their notice of eligibility (NOE), Retired Reserve members not yet age 60, and former members not in receipt of retired pay. The surviving dependents of National Guard and Reserve members who have died before the age of 60 are eligible for the benefits shown in Table 18 to part 161 if the deceased sponsor was:
(i) A Reserve member who had earned 20 qualifying years for retirement and received their NOE for retired pay at age 60, but HAD NOT transferred to the Retired Reserve.
(ii) A Retired Reserve member eligible for pay at age 60, not yet age 60.
(iii) A former member who had met time-in-service requirements.
Table 18 to Part 161--Benefits for Surviving Dependents of National Guard and Reserve Members Who Have Died Before Age 60--------------------------------------------------------------------------------------------------------------------------------------------------------
CHC DC C MWR E--------------------------------------------------------------------------------------------------------------------------------------------------------Widow or Widower:
Unremarried................... 1, 2.................. 1..................... Yes, 8................ Yes, 8............... Yes, 8.
Remarried..................... No.................... No.................... No.................... No................... No.
Unmarried..................... No.................... No.................... Yes, 8................ Yes, 8............... Yes, 8.Children, Unmarried, Under 21
Years (Including Orphans):
Legitimate, adopted, 1, 2.................. 1..................... 3,8................... 4,8.................. 4,8.
stepchild, illegitimate child
of record of female member,
or illegitimate child of male
member whose paternity has
been judicially determined or
voluntarily acknowledged.
Ward.......................... 1, 2, 5............... 1, 5.................. 3, 5, 8............... 4, 5, 8.............. 4, 5, 8.
Pre-adoptive Child............ 1, 2, 6............... 1, 6.................. 3, 6, 8............... 4, 6, 8.............. 4, 6, 8.
Foster Child.................. No.................... No.................... 3..................... 3.................... 3.Children, Unmarried, 21 Years and 1, 2, 7............... 1, 7.................. 3, 7, 8............... 4, 7, 8.............. 4, 7, 8.
Over.Father, Mother, Father-in-Law, No.................... 3, 8.................. 3, 8.................. 3, 8................. 3, 8.
Mother-in-Law, Stepparent, or
Parent by Adoption.--------------------------------------------------------------------------------------------------------------------------------------------------------Notes:1. Yes, on or after the date the member would have become age 60.2. Yes, if:a. Not entitled to Medicare Part A hospital insurance through the SSA orb. Entitled to Medicare Part A hospital insurance and enrolled in Medicare Part B medical insurance or qualified as an exception in accordance with
section 706 of Public Law 111-84.3. Yes, if at the time of the sponsor's death, the person was living in a home provided by or for an authorized sponsor and was dependent on the sponsor
for over 50 percent of his or her support. Children residing in the household of the authorized sponsor at the time of death, but not the household of
the sponsor's former spouse, are entitled to commissary privileges. Medical care is only authorized on or after the date the uniformed service member
would have become age 60.4. Yes, if dependent on an authorized sponsor for over 50 percent of his or her support at the time of the sponsor's death or children of a sponsor
residing in the household of a former spouse (20-20-20 or 10-20-10).5. Yes, if, for determinations of dependency made on or after July 1, 1994, and prior to the death of the member, the child had been placed in the legal
custody of the member or former member as a result of a court of competent jurisdiction in the United States (or possession of the United States) for
a period of at least 12 consecutive months; and was at the time of the sponsor's death:a. Dependent on the member for over 50 percent support.b. Residing with the member or former member unless separated by the necessity of military service or to receive institutional care as a result of a
disibility or incapacitation or under such other circumstances as the administering Secretary may, by regulation, prescribe.6. Yes, if, for determinations of dependency made on or after October 5, 1994, and prior to the death of the member, the child had been placed in the
home of the member or former member by a placement agency (recognized by the Secretary of Defense) or by another source authorized by State or local
law to provide adoption placement, in anticipation of the legal adoption.7. Yes, if the child:a. Has not attained the age of 23, is enrolled in a full-time course of study at an institution of higher learning approved by the administering
Secretary, and is or was at the time of the member's or former member's death dependent on the former member for over 50 percent of the child's
support; orb. Is incapable of self-support because of a mental or physical incapacity that existed before age 21, or occurred before the age of 23 while a full-
time student, while a dependent of a member or former member and is, or was at the time of the member's or former member's death, dependent on the
member or former member for over 50 percent of the child's support.8. Eligible dependents of deceased former members who died prior to age 60 receive commissary, MWR, and exchange benefits. If the former member dies
after applying for pay upon reaching age 60 then the eligible dependents are entitled to medical care only in accordance with notes 1 and 2 as
applicable.
(4) Surviving dependents of deceased uniformed services retirees or deceased MOH recipients. The surviving dependents of deceased uniformed services retirees or deceased MOH recipients are eligible for the benefits shown in Table 19 to part 161.
Table 19 to Part 161--Benefits for Surviving Dependents of Deceased Uniformed Services Retirees and Deceased MOH Recipients--------------------------------------------------------------------------------------------------------------------------------------------------------
CHC DC C MWR E--------------------------------------------------------------------------------------------------------------------------------------------------------Widow or Widower:
Unremarried................... 1, 2, 3............... 3, 4.................. Yes................... Yes.................. Yes.
Remarried..................... No.................... No.................... No.................... No................... No.
Unmarried..................... No.................... No.................... Yes................... Yes.................. Yes.Children, Unmarried, Under 21
Years:
Legitimate, adopted, 1, 2, 3............... 3, 5.................. 6..................... 4.................... 4.
stepchild, illegitimate child
of member, illegitimate child
of spouse.
Ward.......................... 1, 2, 3, 7............ 3, 4, 7............... 7..................... 7.................... 7.
Pre-adoptive Child............ 1, 2, 3, 8............ 3, 4, 8............... 8..................... 8.................... 8.
Foster Child.................. No.................... No.................... 6..................... 6.................... 6.Children, Unmarried, 21 Years and 1, 2, 3, 9............ 3, 4, 9............... 6, 9.................. 9.................... 9.
Over.Father, Mother, Father-in-Law, No.................... No.................... 6..................... 4.................... 4.
Mother-in-Law, Stepparent, or
Parent by Adoption.--------------------------------------------------------------------------------------------------------------------------------------------------------Notes:1. Yes, if the deceased uniformed service member was a retired uniformed service member entitled to retired pay, including TDRL or PDRL, or a non-
regular Service retiree, age 60 or over, in receipt of retired pay, and if the person is:a. Not entitled to Medicare Part A hospital insurance through the SSA; or,b. Entitled to Medicare Part A hospital insurance and enrolled in Medicare Part B medical insurance or qualified as an exception in accordance with
section 706 of Public Law 111-84.2. Yes, if the deceased MOH recipient was not otherwise entitled to medical care as of, or after October 30, 2000 in accordance with section 706 of
Public Law 106-398 and if the person is:a. Not entitled to Medicare Part A hospital insurance through the SSA; or,b. Entitled to Medicare Part A, hospital insurance and enrolled in Medicare Part B medical insurance or qualified as an exception in accordance with
section 706 of Public Law 111-84.3. No, if the deceased uniformed service member was a non-regular Service Retiree in accordance with the provision of 10 U.S.C. 12731 after the
enactment of Public Law 110-181, sections 647 and 1106. The eligible surviving dependents will become eligible for CHC and DC on the anniversary of
the 60th birthday of the deceased uniformed service member. Eligibility for CHC also requires that the person is:a. Not entitled to Medicare Part A hospital insurance through the SSA; or,b. Entitled to Medicare Part A hospital insurance and enrolled in Medicare Part B medical insurance or qualified as an exception in accordance with
section 706 of Public Law 111-84.4. Yes, if dependent on an authorized sponsor for over 50 percent of his or her support at the time of the sponsor's death or children of a sponsor
residing in the household of a former spouse (20-20-20 or 10-20-10).5. Yes, if the deceased was a retired uniformed services member entitled to retired pay, including TDRL or PDRL, or a non-regular Service retiree, age
60 or over, in receipt of retired pay, or a deceased MOH recipient not otherwise entitled to medical care as of or after, October 30, 2000, or a
deceased non-regular Service retiree entitled in accordance with the provisions of 10 U.S.C. 12731 after the enactment of Public Law 110-181, sections
647 and 1106 on the anniversary of the 60th birthday of the deceased uniformed Service member.6. Yes, if a member of a household maintained by or for an authorized sponsor and dependent on that sponsor for over 50 percent of his or her support.
Children residing in the household of a separated spouse continue to be eligible for commissary privileges until there is a final divorce decree. In
the case of a divorce, children residing in the household of a former spouse are not considered to be members of the authorized sponsor's household
for commissary privileges.7. Yes, if, for determinations of dependency made on or after July 1, 1994, and prior to the death of the member, the child had been placed in the legal
custody of the member or former member as a result of a court of competent jurisdiction in the United States (or possession of the United States) for
a period of at least 12 consecutive months; and was at the time of the sponsor's death:a. Dependent on the member for over 50 percent support.b. Residing with the member or former member unless separated by the necessity of military service or to receive institutional care as a result of a
disability or incapacitation or under such other circumstances as the administering Secretary may, by regulation, prescribe.8. Yes, if, for determinations of dependency made on or after October 5, 1994, and prior to the death of the member, the child had been placed in the
home of the member or former member by a placement agency (recognized by the Secretary of Defense) or by another source authorized by State or local
law to provide adoption placement, in anticipation of the legal adoption.9. Yes, if the child:a. Has not attained the age of 23, is enrolled in a full-time course of study at an institution of higher learning approved by the administering
Secretary, and is or was at the time of the member's or former member's death dependent on the former member for over 50 percent of the child's
support; orb. Is incapable of self-support because of a mental or physical incapacity that existed before age 21, or occurred before the age of 23 while a full-
time student, while a dependent of a member or former member and is or was at the time of the member's or former member's death dependent on the
member or former member for over 50 percent of the child's support.
(5) Surviving Dependents of 100 Percent DAVs. Surviving dependents of honorably discharged veterans rated as 100 percent disabled or 100 percent unemployable by the VA from a uniformed services-connected injury or disease at the time of his or her death are eligible for benefits as shown in Table 20 to part 161.
Table 20 to Part 161--Benefits for Surviving Dependents of 100 Percent DAVs--------------------------------------------------------------------------------------------------------------------------------------------------------
CHC DC C MWR E--------------------------------------------------------------------------------------------------------------------------------------------------------Widow or Widower: (DoD
Beneficiary):
Unremarried................... No.................... No.................... Yes................... Yes.................. Yes.
Remarried..................... No.................... No.................... No.................... No................... No.
Unmarried..................... No.................... No.................... Yes................... Yes.................. Yes.Children, Unmarried, Under 21
Years:
Legitimate, adopted, No.................... No.................... 1..................... 4.................... 4.
stepchild, illegitimate child
of member, illegitimate child
of spouse.
Ward.......................... No.................... No.................... 2..................... 2.................... 2.
Pre-adoptive Child............ No.................... No.................... 3..................... 3.................... 3.Children, Unmarried, 21 Years and No.................... No.................... 1, 5.................. 1, 5................. 1, 5.
Over.Father, Mother, Father-in-Law, No.................... No.................... 1..................... 4.................... 4.
Mother-in-Law, Stepparent, or
Parent by Adoption.--------------------------------------------------------------------------------------------------------------------------------------------------------Notes:1. Yes, if at the time of the sponsor's death, the person was living in a home provided by or for an authorized sponsor and was dependent on the sponsor
for over 50 percent of his or her support. Children residing in the household of the authorized sponsor at the time of death are entitled to
commissary privileges.2. Yes, if, for determination of dependency made on or after July 1, 1994, was placed in the legal custody of the member or former member as a result of
a court of competent jurisdiction in the United States (or possession of the United States) for a period of at least 12 consecutive months; and was at
the time of the sponsor's death:a. Dependent on the member for over 50 percent support.b. Residing with the member or former member unless separated by the necessity of military service or to receive institutional care as a result of a
disability or incapacitation or under such other circumstances as the administering Secretary may, by regulation, prescribe.3. Yes, if, for determinations of dependency made on or after July 1, 1994, and prior to the death of the member, the child had been placed in the home
of the member or former member by a placement agency (recognized by the Secretary of Defense) or by another source authorized by State or local law to
provide adoption placement, in anticipation of the legal adoption.4. Yes, if dependent on an authorized sponsor for over 50 percent of his or her support at the time of the sponsor's death or children of a sponsor
residing in the household of a former spouse (20-20-20 or 10-20-10).5. Yes, if the child:a. Has not attained the age of 23, is enrolled in a full-time course of study at an institution of higher learning approved by the administering
Secretary, and is or was at the time of the member's or former member's death, dependent on the former member for over 50 percent of the child's
support; orb. Is incapable of self-support because of a mental or physical incapacity that existed before age 21, or occurred before the age of 23 while a full-
time student, while a dependent of a member or former member and is, or was at the time of the member's or former member's death, dependent on the
member or former member for over 50 percent of the child's support.