Title 38 — Veterans' BenefitsRelease 119-73
§5122 Cancellation of checks mailed to deceased payees
Title 38 › Part PART IV— - GENERAL ADMINISTRATIVE PROVISIONS › Chapter CHAPTER 51— - CLAIMS, EFFECTIVE DATES, AND PAYMENTS › Subchapter SUBCHAPTER III— - PAYMENT OF BENEFITS › § 5122
Summary
Return and cancel a benefit check if the payee died on or after the last day covered by the check, unless the payee or their authorized estate representative cashed it. Recovered or unpaid money follows the normal payment rules; if unpaid, it goes to the estate or State.
Full Legal Text
Title 38, §5122
Veterans' Benefits — Source: USLM XML via OLRC
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 issuing office and canceled, unless negotiated by the payee or the duly appointed representative of the payee’s 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 5121 of this title, without regard to section 5121(c) of this title. Any amount not paid in the manner provided in section 5121 of this title shall be paid to the estate of the deceased payee unless the estate will escheat.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Amendments
1996—Pub. L. 104–316 in last sentence struck out “upon settlement by the General Accounting Office” after “shall be paid”. 1991—Pub. L. 102–40 renumbered section 3022 of this title as this section and substituted “5121” for “3021” in two places and “5121(c)” for “3021(c)”. 1986—Pub. L. 99–576 substituted “the payee’s” for “his” in first sentence.
Reference
Citations & Metadata
Citation
38 U.S.C. § 5122
Title 38 — Veterans' Benefits
Last Updated
Apr 6, 2026
Release point: 119-73