Page:United States Statutes at Large Volume 70.djvu/923

 70 S T A T. ]

PUBLIC I^AW 881-AUG. 1, 1966

867

ADMINISTRATIVE PROVISIONS

SEC. 209. (a) This title shall be administered by the Administrator. Except as otherwise provided in this Act, the administrative, definitive, and regulatory provisions under Public, Numbered 2, Seventythird Congress, as amended, shall be for application under this title. 3lus^'7oi-72i. Dependency and indemnity compensation which is otherwise payable to a child shall commence effective the date on which the child's entitlement arose if application is filed within one year from that date; otherwise from the date of filing application. (b) Payment of benefits under this title by reason of any application filed with respect to a death which occurred before January 1, 1957, shall become effective as of the date such application is filed; however, payment of such benefits by reason of any such application shall become effective as of January 1, 1957— (1) if the application is filed on or before July 1, 1957; or (2) if the application is filed within one year after the date of such death. (c) Dependency and indemnity compensation shall not be paid under this title to the widow, children, or parents of any deceased person unless the deceased person (1) was discharged or released under conditions other than dishonorable from the period of active duty, active duty for training, or inactive duty training in which the disability was incurred, or (2) died while on active duty, active duty for training, or inactive duty training. (d) If a child receives or there is paid on account of a child dependency and indemnity compensation, or death compensation under any other law administered by the Veterans' Administration, by reason of the death of a parent, dependency and indemnity compensation by reason of the death of another parent in the same parental line may not be paid to or on account of such child. (e) No dependency and indemnity compensation shall be paid under this title to any woman as a "widow" unless she continuously cohabited with her husband from the date of marriage to the date of death except where there was a separation which was due to the misconduct of or procured by the husband without fault on her part. Payments of dependency and indemnity compensation shall not be made b;;^ reason of the death of her husband to any woman as his "widow" for any period after she has remarried, unless the purported remarriage is void. (f) There shall be no recovery of overpayments under this title from any person who, in the judgment of the Administrator, is without fault on his part if, in the judgment of the Administrator, such a recovery would defeat the purpose of the benefits payable under this title or would be against equity and good conscience. No disbursing or certifying officer shall be held liable for any amount paid to any person where the recovery of such amount from the payee is waived under this subsection. EXEMPTION FROM TAXATION AND CLAIMS OF CREDITORS

SEC. 210. Payments of dependency and indemnity compensation due or to become due under this title shall not be assignable, shall be exempt from taxation, shall be exempt from the claims of creditors, including any claim of the United States (except as provided in section 3 of the Act of August 12, 1935 (38 U.S.C. sec. 454a)), and shall not be subject to attachment, levy, or seizure by or under any legal or equitable process whatever either before or after receipt by the payee. Notwithstanding the foregoing provisions of this section,

^9 Stat. 609.

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