§ 9.8. Applicants on behalf of deceased veterans.
(a) Payment. Consistent with section 5(b) of the act (51 P. S. § 20305(b)), the following individuals shall be eligible for payment of compensation on behalf of eligible deceased veterans. Eligible deceased veterans may include eligible veterans who died in performance of active service or as a result of service-connected wounds, diseases or injuries as described in § 9.6 (relating to compensation on behalf of deceased veterans), and veterans who would, but for their death prior to submission of an application for benefits, been eligible for bonus payments based on active service under § 9.5 (relating to calculation of bonus payment based on months of active service). Applicants will be considered in the following order:
(1) The surviving spouse of the eligible veteran unless the surviving spouse was living separate and apart from the veteran at the time the veteran commenced active service. Proof of spousal status shall be the same as would be accepted by the United States Department of Veterans Affairs. The surviving spouse shall certify that he was not living separate and apart from the eligible veteran when the veteran commenced active service. If a surviving spouse applies or is qualified to apply, the entire payment shall be made to the surviving spouse.
(2) The surviving children of the eligible veteran in equal shares, share and share alike, provided there is no eligible surviving spouse. The surviving children shall certify that there is no eligible surviving spouse as part of the application for the benefit.
(3) The surviving parents of the eligible veteran in equal shares, share and share alike, provided there is no eligible surviving spouse and no eligible surviving children. The surviving parents shall certify that there are no eligible surviving spouse or children as part of the application for the benefit.
(b) Disputes. If the eligibility of a surviving spouse, surviving children or surviving parents is disputed, the Department will defer payment of the bonus until the parties resolve the dispute or a court of competent jurisdiction issues an order making a determination on the issue.
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