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

Forms and Documents

Forms and supporting documents for this ICR

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

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
28944	Information Regarding Apportionment of Beneficiary's Award (VA Form 21-0788)	Form	Modified	Information Regarding Apportionment of Beneficiary's Award
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: Historical Inactive	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
OIRA Conclusion Action: Comment filed on proposed rule and continue	Conclusion Date: 12/17/2021
Retrieve Notice of Action (NOA)	Date Received in OIRA: 10/29/2021
Terms of Clearance: In accordance with 5 CFR 1320, the information collection is not approved at this time. Prior to publication of the final rule, the agency should provide to OMB a summary of all comments received on the proposed information collection and identify any changes made in response to these comments.

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	07/31/2024	36 Months From Approved	08/31/2024
Responses	3,211	0	3,211
Time Burden (Hours)	1,606	0	1,606
Cost Burden (Dollars)	0	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

table that charts list of burden

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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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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