Page:United States Statutes at Large Volume 71.djvu/158

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PUBLIC LAW 85-66-JUNE 17, 1957

[71 S T A T.

TITLE X—SPECIAL PROVISIONS RELATING TO BENEFITS N O N A S S I G N A B I L I T Y A N D E X E M P T STATUS OF B E N E F I T S

SEC. 1001. (a) Payments of benefits due or to become due under any law administered by the Veterans' Administration shall not be assignable except to the extent specifically authorized by law, and such payments made to, or on account of, a beneficiary shall be exempt from taxation, shall be exempt from the claim of creditors, and shall not be liable to attachment, levy, or seizure by or under any legal or equitable process whatever, either before or after receipt by the beneficiary. * The preceding sentence shall not apply to claims of the United States arising under such laws nor shall the exemption therein contained as to taxation extend to any property purchased in part or wholly out of such payments. The provisions of this section shall not be construed to prohibit the assignment hj any person, to whom converted insur3 8 ^ifs c ^^5 11- '^^^c® shall be payable under title III of the World W a r Veterans' Act, 518. 1924, of his interest in such insurance to any other member of the permitted class of beneficiaries or the assignment, otherwise author38 u*sc s^fs*" ^^^^' ^^ insurance under the National Service Life Insurance Act of 70 Stat. 886. 1940, or of indemnity under the Servicemen's Indemnity Act of 1951. (b) This section shall prohibit the collection by setoff or otherwise out of any benefits payable pursuant to any law administered by the Veterans' Administration and relating to veterans, their estates, or their dependents, of any claim of the United States or any agency thereof against (1) any person other than the indebted beneficiary or his estate; or (2) any beneficiary or his estate except amounts due the United States by such beneficiary or his estate by reason of overpayments or illegal payments made under such laws to such beneficiary or his estate or to his dependents as such. If the benefits referred to in the preceding sentence are insurance payable by reason of yearly renewable term or of United States Government life (converted) insurance or of National Service Life Insurance, issued by the United States, the exemption provided in this section shall not apply to indebtedness existing against the particular insurance contract upon the maturity of which the claim is based, whether such indebtedness is in the form of liens to secure unpaid premiums or loans, or interest on such premiums or loans, or indebtedness arising from overpayments of dividends, refunds, loans, or other insurance benefits. (c) Notwithstanding subsection (a), payments of benefits under laws administered by the Veterans' Administration shall not be ex68A Stat. 783. empt from levy under subchapter D of chapter 64 of the Internal Revenue Code of 1954 (relating to seizure of property for collection of taxes). WAIVER OF RECOVERY OF OVERPAYMENTS

SEC. 1002. (a) There shall be no recovery of overpayments of any benefits (except servicemen's indemnity) under any of the laws administered by the Veterans' Administration from any person who, in the judgment of the Administrator, is without fault on his part, and where, m the judgment of the Administrator, such recovery would defeat the purpose of benefits otherwise authorized or would be against equity and good conscience. (b) No certifying or disbursing officer shall be liable for any amount paid to any person where the recovery of such amount is waived under subsection (a).

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