Page:United States Statutes at Large Volume 56 Part 1.djvu/1058

 1030 PUBLIC LAWS--CH. 668-DEC. 2, 1942 provis. of September 7, 1916, as amended: Provided, That the determination Dependents. of dependents, dependency, and amounts of payments to dependents shall be made in the manner specified in such Act: Providedfurther, Filing of claim. That claim for such detention benefits shall be filed in accordance with and subject to the limitation provisions of such Act, as modified Erroneous pay- by section 106 (c) of this Act: And provided further, That except ments. in cases of fraud or willful misrepresentation, the Commission may waive recovery of money erroneously paid under this subdivision whenever it finds that such recovery would be impracticable or would cause hardship to the beneficiary affected. Transportation (2) Upon application by such person, or someone on his behalf, the from point of release from custody. Commission may, under such regulations as it may prescribe, furnish transportation or the cost thereof (including reimbursement) to any such person from the point where his release from custody by the enemy is effected, to his home, the place of his employment, or other place within the jurisdiction of the United States; but no transporta- tion, or the cost thereof, shall be furnished under this paragraph where such person is furnished such transportation, or the cost thereof, under any agreement with his employer or under any other provision of law. Epenses in case of (3) In the case of death of any such person, if his death occurred death. away from his home, the body of such person shall, in the discretion of the Commission, and if so desired by his next of kin, near rela- tive, or legal representative, be embalmed and transported in a hermetically sealed casket or other appropriate container to the home of such person or to such other place as may be designated by such Restriction next of kin, near relative, or legal representative. No expense shall be incurred under this paragraph by the Commission in any case where death takes place after repatriation, unless such death proxi- mately results from a war-risk hazard. Fund available. (4) Such benefits for detention, transportation expenses of repatri- ated persons, and expenses of embalming, providing sealed or other appropriate container, and transportation of the body, and attendants (if required), as approved by the Commission, shall be paid out of the 39 Stat. 749. compensation fund established under section 35 of such Act of Sep- .C. tember 7, 1916, as amended. IUMITATION OF BENEFITS TO DEPENDENTS IN FOREIGN COUNTRIES Amount oco mp en (c) Compensation for permanent total or permanent partial dis- ability or for death payable under this section to persons who are not citizens of the United States and who are not residents of the United States or Canada, shall be in the same amount as provided for resi- Exceptions; dents; except that dependents in any foreign country shall be limited to surviving wife or husband and child or children, or if there be no surviving wife or husband or child or children, to surviving father or mother whom such person has supported, either wholly or in part, for the period of one year immediately prior to the date of the injury; and except that the Commission, at its option, may commute all future installments of compensation to be paid to such persons by paying to them one-half of the commuted amount of such future nstallments of compensation as determined by the Commission. EXCLUSION (d) The provisions of this section shall not apply in the case of any person (1) whose residence is at or in the vicinity of the place of his employment, and (2) who is not living there solely by virtue of the exigencies of his employment, unless his iniury or death result- ing from injury occurs or his detention begins while in the course of his employment. [56 STAT.

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