Information Regarding Apportionment of Beneficiary's Award (VA Form 21-0788)

Forms and Documents

Document Name	Status
Form 21-0788 Information Regarding Apportionment of Beneficiary's Award (VA Form 21-0788) Form	Modified
2021-21816, 60-Day FRN (2900-AP67, VAF21-0788).pdf Supplementary Document	2021-10-21
2900-0666, Supporting Statement (VAF21-0788), AP67 Rule.docx Supporting Statement A	2021-10-21

IC Document Collections

IC ID	Document Title	Status
28944	Information Regarding Apportionment of Beneficiary's Award (VA Form 21-0788) Form	Modified

ICR Details

OMB Control No: 2900-0666	ICR Reference No: 202110-2900-005
Status: Received in OIRA	Previous ICR Reference No: 202009-2900-019
Agency/Subagency: VA	Agency Tracking No: VBA-COMP-YA
Title: Information Regarding Apportionment of Beneficiary's Award (VA Form 21-0788)
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 10/29/2021

	Requested	Previously Approved
Expiration Date	36 Months From Approved	07/31/2024
Responses	815	3,211
Time Burden (Hours)	204	1,606
Cost Burden (Dollars)	0	0

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Abstract: VA Form 21-0788, associated with the proposed rule RIN#2900-AP67, will be used to determine whether benefits may be apportioned under and, if so, the amount. A veteran’s benefits may be paid to his/her spouse and children if the veteran is incarcerated or is deemed incompetent and hospitalized at government expense. This form will be completed to obtain the information needed to determine whether benefits may be apportioned and the amount payable. Without this collection of information, VA would be unable to properly authorize apportionments of compensation and pension benefits. This form is being revised to remove the information pertaining to income and net worth data and the burden estimate is decreasing from 30 minutes to 15 minutes.

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Authorizing Statute(s): US Code: 38 USC 5307 Name of Law: Apportionment of benefits
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
2900-AP67	Proposed rulemaking	86 FR 57084	10/14/2021

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Information Regarding Apportionment of Beneficiary's Award (VA Form 21-0788)	21-0788	Information Regarding Apportionment of Beneficiary's Award

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ICR Summary of Burden

	Total Request	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	815	3,211	0	-2,396	0	0
Annual Time Burden (Hours)	204	1,606	0	-1,402	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: Yes

Burden Reduction Due to: Changing Regulations

Short Statement: Due to this proposed rule, the estimated burden has decreased from 30 minutes to 15 minutes and the respondent total estimated has been drastically decreased.

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Annual Cost to Federal Government: $37,317

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     Yes

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     Yes

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 10/29/2021

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