Page:United States Statutes at Large Volume 53 Part 2.djvu/895

 53 STAT.] 76TH CONG., 1ST SESS.-CH. 666 -AUG. 10, 1939 who was a party to the hearing before the Board, because of failure of the claimant or such individual to submit proof in conformity with any regulation prescribed under subsection (a) hereof, the court shall review only the question of conformity with such regulations and the validity of such regulations. The court shall, on motion of the Board made before it files its answer, remand the case to the Board for further action by the Board, and may, at any time, on good cause shown, order additional evidence to be taken before the Board, and the Board shall, after the case is remanded, and after hearing such additional evidence if so ordered, modify or affirm its findings of fact or its decision, or both, and shall file with the court any such additional and modified findings of fact and decision, and a transcript of the additional record and testimony upon which its action in modifying or affirming was based. Such additional or modified findings of fact and decision shall be reviewable only to the extent provided for review of the original findings of fact and decision. The judgment of the court shall be final except that it shall be subject to review in the same manner as a judgment in other civil actions. "(h) The findings and decision of the Board after a hearing shall be binding upon all individuals who were parties to such hearing. No findings of fact or decision of the Board shall be reviewed by any person, tribunal, or governmental agency except as herein provided. No action against the United States, the Board, or any officer or employee thereof shall be brought under section 24 of the Judicial Code of the United States to recover on any claim arising under this title. "(i) Upon final decision of the Board, or upon final judgment of any court of competent jurisdiction, that any person is entitled to any payment or payments under this title, the Board shall certify to the Managing Trustee the name and address of the person so entitled to receive such payment or payments, the amount of such payment or payments, and the time at which such payment or payments should be made, and the Managing Trustee, through the Division of Disbursement of the Treasury Department, and prior to any action thereon by the General Accounting Office, shall make payment in accordance with the certification of the Board: Proided,That where a review of the Board's decision is or may be sought under subsection (g) the Board may withhold certification of payment pending such review. The Managing Trustee shall not be held personally liable for any payment or payments made in accordance with a certification by the Board. " (j) When it appears to the Board that the interest of an applicant entitled to a payment would be served thereby, certification of pay- ment may be made, regardless of the legal competency or incom- petency of the individual entitled thereto, either for direct payment to such applicant, or for his use and benefit to a relative or some other person. "(k) Any payment made after December 31, 1939, under conditions set forth in subsection (j), any payment made before January 1, 1940, to, or on behalf of, a legally incompetent individual, and any pay- ment made after December 31, 1939, to a legally incompetent indi- vidual without knowledge by the Board of incompetency prior to certification of payment, if otherwise valid under this title, shall be a complete settlement and satisfaction of any claim, right, or interest in and to such payment. "(I) The Board is authorized to delegate to any member, officer, or employee of the Board designated by it any of the powers con- ferred upon it by this section, and is authorized to be represented by its own attorneys in any court in any case or proceeding arising under the provisions of subsection (e). 98907° - -39-PT 2-- -55 1371 Remanding of case to Board for further action, etc. Modification of de- cision, etc. Review. Finality of court judgment. Board's decision binding upon all par- ties. Review. Action prohibited. 28U..C.. 41; Supp. IV, § 41. Payment on certifi- cation of Board. Iroaiso. Withloldllng certifl- catlon pending court review. Personal liability of Managing Trustee. Direct or indirect certification. Payments consid- ered complete satisfac- tion of claim, etc. Delegation of powers by Board. Repreentation by attorneys.

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