Page:United States Statutes at Large Volume 70.djvu/922

 PUBLIC LAW 881-AUG. 1, 1956

5 USC 751 note.

Post,

p. 886.

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p. 886.

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p. 886.

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not exceed the amounts which would be paid to him if no such application had been made. (d) If there are two parents of a deceased person eligible for benefits by reason of subsection (a), and an application for benefits under this title is not made by both parents, (1) benefits paid to the parent who applies therefor shall not exceed the amounts which would be paid to him if both parents had so applied, and (2) benefits paid to the other parent under any other law administered by the Veterans' Administration providing for the payment of death compensation, or under the Federal Employees' Compensation Act, shall not exceed the amounts which would be paid to him if no such application had been made. (e)(1) Except as provided in paragraphs (3) and (4), no person who, on January 1, 1957, is a principal or contingent beneficiary of any payments under the Servicemen's Indemnity Act of 1951 may receive any such payments based upon the death giving rise to such payments after he has been granted dependency and indemnity compensation by reason of this section. No principal or contingent beneficiary who assigns his interest in payments under the Servicemen's Indemnity Act of 1951 after June 28, 1956, may receive any payments under this title based upon the death giving rise to such payments until the portion of the indemnity so assigned is no longer payable to any person. (2) Where a beneficiary is barred from the receipt of payments under the Servicemen's Indemnity Act of 1951 by virtue of the first sentence of paragraph (1), no payments of the portion of indemnity in which such beneficiary had an interest shall be made to any other beneficiary. (3) In the case of a child who has applied for dependency and indemnity compensation pursuant to this section, and who is or becomes a beneficiary under the Servicemen's Indemnity Act of 1951 by reason of the death giving rise to his eligibility for dependency and indemnity compensation, the Administrator shall determine and pay to such child for each month, or part thereof, payments under this title or under such Act, whichever payment he determines to be the greater amount. (4) Notwithstanding paragraph (2), where a child receives dependency and indemnity compensation under this title, and thereafter dies, the portion of servicemen's indemnity in which such child had an interest may be paid (subject to paragraph (3)) to another child of the person by reason of whose death such servicemen's indemnity was payable. DETERMINATIONS BY THE VETERANS' ADMINISTRATION

SEC. 207. The standards and criteria for determining incurrence or aggravation of a disease or injury in line of dutj^ under this title shall be those applicable under disability compensation laws administered by the Veterans' Administration. DUPLICATION o r BENEFITS

63 Stat. 865. 5 USC 751 note.

SEC. 208. No person eligible for benefits under this title by reason of any death occurring on or after January 1, 1957, shall be eligible by reason of such death (1) for death compensation or death pension under any other law administered by the Veterans' Administration, or (2) for any payments under the Federal Employees' Compensation Act.

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