Code of Massachusetts Regulations
108 CMR - DEPARTMENT OF VETERANS' SERVICES
Title 108 CMR 9.00 - Annuities And Burials
Section 9.02 - Burial Allowance
Universal Citation: 108 MA Code of Regs 108.9
Current through Register 1518, March 29, 2024
(1) Eligibility.
(a) A veterans' agent shall grant a special allowance for the burial of veterans and adult dependents of veterans who die without sufficient means to defray the funeral expenses, and for the burial of dependent children of a veteran if the veteran and his or her spouse, or his or her surviving spouse alone do not have sufficient means to defray funeral expenses. The veteran in whose name the burial allowance is sought shall have satisfied the military service requirements set forth in 108 CMR 3.02.
(b) In addition to the veterans in whose name burial allowances are sought pursuant to 108 CMR 9.02(1)(a), an allowance also shall be granted for the burial of the following persons:
1. A person who served in the Massachusetts State Guard established during World War II and was honorably discharged from such service; and
2. Who died without sufficient means to defrayfuneral expenses. An allowance shall not be granted for the burial of dependents of the persons described in 108 CMR 9.02(1)(b).
(c) A veterans' agent shall not grant a burial allowance to or for the following persons:
1. A person designated on his or her discharge papers as a conscientious objector.
2. A person who at the time of entering the federal service was a subject or citizen of a neutral country, who had filed to become a citizen of the United States and who afterward withdrew such intention under the act of congress approved July 9, 1918.
(2) Amount of Burial Allowance. A veterans' agent shall grant a burial allowance only if the total cost of the burial does not exceed certain limits, and any and all resources have been utilized to defray the cost of the burial. The amount of the burial allowance shall be $2,000 and the ceiling on the total cost of the burial shall be $3,000.
(3) Application Procedure.
(a) Within 60 days of the date of death, the veterans' agent shall file with the Secretary a burial allowance application (Form VS-9) which includes a copy of the discharge papers of the veteran in whose name the allowance is sought, a copy of the deceased veteran's death certificate, an itemized bill from the undertaker, and, where appropriate, a copy of a birth or marriage certificate to establish the relationship between the deceased and the applicant. Within three months after the date of death, the burial agent and the treasurer of the appropriate city or town shall certify to the Secretary, on a Form VS-10, Return of Expense, the amount expended on the burial. An application for burial allowance shall not be charged on monthly returns to DVS which pertain to other types of benefits.
(b) DVS shall provide reimbursement for 75% of the amount paid by a city or town as burial allowances.
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