Page:United States Statutes at Large Volume 56 Part 1.djvu/412

 Designation of SEC. 109. Any family allowance to which any dependent or depend- p ayee . ents of any enlisted man is entitled under the provisions of this title shall be paid on behalf of such dependent or dependents to any per- son who may be designated by such enlisted man unless the Secre- tary of the department concerned determines that the person so desig- nated is not an appropriate payee. In any case in which the Secretary of the department concerned determines that the person so designated is not an appropriate payee or in any case in which the enlisted man has not designated a payee, such allowance shall be paid on behalf of such dependent or dependents to such person as may be designated in regulations prescribed by the Secretary of the department concerned. Payments rrespe- SEC. 110. (a) Any family allowance granted under the provisions tio ua. of this title to the dependent or dependents of any enlisted man shall continue to be paid irrespective of the pay accruing to such enlisted man. Payments in case of (b) In case of the desertion or imprisonment of any enlisted man to the dependent or dependents of whom a family allowance has been granted under the provisions of this title, the family allowance there- after payable to such dependent or dependents and the reduction of or charge to pay of such enlisted man shall be determined in accord- ance with such regulations as may be prescribed by the Secretary of the department concerned. Wnlistedman. (c) In any case in which an enlisted man is entitled to receive or to have credited to his account pay and allowances for any period Antepp.143, 369. under the Act of March 7, 1942 (Public Law 490, Seventy-seventh Congress), such enlisted man shall be deemed to be an enlisted man during such period for the purposes of this title. Designated law not (d) Nothing contained in this Act shall be construed to. modify the moed. Act approved March 7, 1942 (Public Law 490, Seventy-seventh Congress). Administration. SEC. 111. This title shall be administered by the Secretary of War in its application to enlisted men of the Army of the United States and the dependents of such enlisted men and shall be administered by the Secretary of the Navy in its application to enlisted men of the United States Navy, the Marine Corps, and the Coast Guard, Regulations. and the dependents of such enlisted men. Said Secretaries are authorized to prescribe jointly or severally such regulations as they may deem necessary to enable them to carry out the provisions of this title and to delegate to such officers or employees of their respective departments as they may designate any of their func- tions under this title. Determination of SEC. 112. The determination of all facts, including the fact of dependency, which it shall be necessary to determine in the adminis- tration of this title shall be made by the Secretary of the department concerned and such determination shall be final and conclusive for all purposes and shall not be subject to review in any court or by Reconsideration for any accounting officer of the Government. The Secretary of the department concerned may at any time on the basis of new evidence or for other good cause reconsider or modify any such determina- Waiver of recovery tion, and may waive the recovery of any money erroneously paid of erroneous payments. under this title whenever he finds that such recovery would be Relief of disbursing against equity and good conscience. The General Accounting Office o. shall not reuse to allow credit in the accounts of any disbursing officer for any erroneous payment or overpayment made by him in carrying out the provisions of this title unless such erroneous pay- ment or overpayment was made by him as the result of his gross negligence or with the intent to defraud the United States. No recovery shall be made from any officer authorizing any erroneous payment or overpayment under this title unless such payment was 384 PUBLIC LAWS-CH. 443 -JUNE 23, 1942 [56 STAT.

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