Page:United States Statutes at Large Volume 71.djvu/157

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STAT.]

PUBLIC LAW 86-66-JUNE 17, 1957

master with a statement of the reason for so doing, and if because of death or remarriage, the date thereof, if known. Checks returned under this subsection because of death or remarriage shall be canceled. P A Y M E N T OF ACCRUED BENEFITS U P O N DEATH OF A BENEFICIARY

SEC. 921. (a) Pension, compensation, dependency and indemnity compensation, retirement pay, subsistence allowance, education and training allowance, special training allowance, and educational assistance allowance to which an individual was entitled at his death under existing ratings or decisions, or those based on evidence in the file at date of death (hereafter in this section and section 922 referred to as "accrued benefits") and due and unpaid for a period not to exceed one year, shall, upon the death of such individual, be paid as follows: (1) Upon the death of a person receiving an apportioned share of benefits payable to a veteran, all or any part of such benefits to the veteran or to any other dependent or dependents of the veteran, as may be determined by the Administrator; (2) Upon the death of a veteran, to the living person first listed below: (A) His spouse; (B) His children (in equal shares); (C) His dependent parents (in equal shares); (3) Upon the death of a widow or remarried widow, to the children of the deceased veteran; (4) Upon the death of a child, to the surviving children of the veteran who are entitled to death compensation, dependency and indemnity compensation, or death pension; and (5) In all other cases, only so much of the accrued benefits may be paid as may be necessary to reimburse the person wRo bore the expense of last sickness and burial. (b) No part of any accrued benefits shall be used to reimburse any political subdivision of the United States for expenses incurred in the last sickness or burial of any beneficiary. (c) Applications for accrued benefits must be filed within one year after the date of death. If a claimant's application is incomplete at the time it is originally submitted, the Administrator shall notify the claimant of the evidence necessary to complete the application. If such evidence is not received within one year from the date of such notification, no accrued benefits may be paid. CANCELLATION OF CHECKS MAILED TO DECEASED PAYEES

SEC. 922. A check received by a payee in payment of accrued benefits shall, if the payee died on or after the last day of the period covered by the check, be returned to the Veterans' Administration and canceled, unless negotiated by the payee or the duly appointed representative of his estate. The amount represented by such check, or any amount recovered by reason of improper negotiation of any such check, shall be payable in the manner provided in section 921, without regard to section 921(c). Any amount not paid in the manner provided in section 921 shall be paid upon settlement by the General Accounting Office to the estate of the deceased payee unless the estate will escheat.

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