Page:United States Statutes at Large Volume 45 Part 1.djvu/999

 948 C hild under 18, or mentally and physi. c ally inca pable of s up- port. Lim itation to m other or father. P resum ptio n of de- pendence. Applications. Vol. 43, p. 129, amend- ed. T ime for app ly ing extended. Exception. Pa yments on ly if required applications made. Personally, or by representative if physi- cally, etc., incapable. Otherwise, void. Benefits. Vol. 43, p. 125, amend- ed . Vol. 44, p. 828. New sections. Presumption of ap- plic ation if Dep art- ment records show fil- ing, though original can not be found. Tr ansm ittal of new application. Presumption of death of cont inue d une xpla in- ed a bsence for s even years. If no application by ve teran pri or to per iod of abse nce, bene fit al- lowed dependents. SEVENTIETH CONGRESS. SEss. I. CH. 860 . 1928. ent at the time of the death of the veteran upon a showing of the marital cohabitation. " (b) Payment under section 601 shall be made to a child if (1) under eighteen years of age at the time of the death of the veteran, or (2) at any time thereafter and before January 3, 1930, incapable of self-support by reason of mental or physical defect . " (c) No payment under section 601 shall be made to a mother or father unless dependent at the time of the death of the veteran or at any time thereafter and before January 3, 1930. If at the time of the death of the veteran or at any time thereafter and before January 3, 1930, the mother is unmarried or over sixty years of age, or the fa ther is o ver sixty years of age, suc h mother or father, respec- tively, shall be pr esumed to be depen dent. " SEC . 3. Subdivision (b) and (c) of section 604 of such Act, as amended, are amended, to take effect as of December 31, 1927, to read as follo ws : "(b) Applications for such benefits, whether vested or contingent, shall be made and filed by the dependents of the veteran on or before January 2, 1930 ; except that in the case of the death of the veteran during the six months immediately preceding such date the applica- tion shall be made and filed at any time within six months after the death of the veteran. Payments under this title shall be made only to dependents who have made and filed application in accordance with the provisions of this subdivision. "(c) An application shall be made and filed (1) personally by the dependent if sixteen years of age or over, or (2) in case physical or mental incapacity or legal disability prevents the making or filing of a personal application, then by such representative of the depend- ent and in such manner as the Secretary of War and the Secretary of the Navy shall jointly by regulation prescribe . An application made or filed by a person other than the' representative authorized by such regulation shall be held void ." SEC. 4. Title III of such Act, as amended, is amended, to take effect as of May 19, 1924 , by a dding at the end th ereof new se ctions to read as fol lows " SEE . 311 . Where the records of the War Department or the Navy Department show that an application, disclosing an intention to claim the benefits of any provision of this Act, has been filed on or before January 2, 1930, and the application can not be found, such application shall be presumed, in the absence of affirmative evidence to the contrary, to have been valid when originally filed . In such case the Secretary of War or the Secretary of the Navy, as the case may be, shall not be required to transmit to the Director the appli- ca tion ( as pro vided in sec tions 303 an d 605) unless anew applic ation is filed, in which case the new application shall be considered to have been filed on the date of filing of the lost application . "SEC. 312. (a) If satisfactory evidence is produced establishing the fact of the continued and unexplained absence of any indi- vidual from his home and family for a period of seven years, during wh ich pe riod n o inte lligen ce of his ex istence has b een re ceived, the death of such individual as of the date of the expiration of such period shall, for the purposes of this Act, be considered as suffi- ci ently proved. "(b) If in the case of any such individual who is a veteran it appears that his application was not made and filed prior to the beginning of such seven-year period, or that although entitled to receive adjusted service pay he did not receive it prior to the begin- ning of such seven-year period, then his dependents who have made and filed application before the date of the expiration of such seven- year period (if such period began before January 3, 1930) shall be

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