PRIA, Government Policy, Made Personal

Summary

Certain VA benefit checks drawn on public funds that are meant to be sent to a U.S. person who is legally responsible for caring for someone in a foreign country must be handled in a special way. The VA Secretary must tell the Treasury about each such check and may except a check if following the rule would cut off or lower care benefits. Once transferred checks for an individual reach $1,000, any more VA checks (except insurance contract checks) must be put into the Treasury as miscellaneous receipts. Money transferred or deposited this way counts as if it were paid to the person. If the person who would get a VA pension, compensation, or emergency officers’ retirement pay dies while the money is in the special account, the funds go in this order: to the surviving spouse, or if none, to the veteran’s children under 18 at the veteran’s death; if the spouse later dies, to the spouse’s children under 18 at that death; if part of the benefit was already set aside for someone else, the unpaid portion goes to that person; otherwise only burial costs are paid. Claims must be filed with the VA within one year after the death, and the needed evidence must be turned in within six months after the VA asks for it. Payments cover only amounts due at the time of death under existing decisions.

Title 31, §3330

Money and Finance, Source: USLM XML via OLRC

(a)(1)A check is deemed to be issued for sending to a foreign country and subject to this section and section 3329 of this title if the check is—

(A)drawn on public money;

(B)for benefits under laws carried out by the Secretary of Veterans Affairs; and

(C)to be sent to a person in the United States or a territory or possession of the United States, and the person is legally responsible for the care of an individual in a foreign country.

(2)The Secretary of Veterans Affairs shall notify the Secretary of the Treasury of each check described under paragraph (1) of this subsection.

(3)The Secretary of Veterans Affairs may exempt a check from paragraph (1) of this subsection if the application of paragraph (1) would reduce, discontinue, or deny benefits for the care of a dependent of an individual in a foreign country.

(b)When the amount of checks (representing payments to an individual under laws administered by the Secretary of Veterans Affairs) transferred under section 3329(b)(4) of this title equals $1,000, the amounts of additional checks (except checks under contracts of insurance) payable to the individual under those laws shall be deposited in the Treasury as miscellaneous receipts. An amount transferred under section 3329(b)(4) or deposited as miscellaneous receipts is deemed to be payment for all purposes to the individual entitled to payment.

(c)If the payee of a check for pension, compensation, or emergency officers’ retirement pay under laws administered by the Secretary of Veterans Affairs dies while the amount of the check is in the special deposit account, the amount is payable (subject to section 3329 of this title and this section) as follows:

(1)after the death of the veteran, to the surviving spouse, or, if there is no surviving spouse, to children of the veteran under 18 years of age at the time of the veteran’s death.

(2)after the death of the surviving spouse, to children of the spouse under 18 years of age at the time of the spouse’s death.

(3)after the death of an apportionee of a part of the veteran’s pension, compensation, or emergency officers’ retirement pay but before all of the apportioned amount is paid to the veteran, the apportioned amount not paid.

(4)in any other case, only to the extent necessary to reimburse a person for burial expenses.

(d)(1)A payment may be made under subsection (c) of this section only if a claim for payment is—

(A)filed with the Secretary of Veterans Affairs by the end of the first year after the date of the death of the individual entitled to payment; and

(B)completed by submitting the necessary evidence by the 6th month after the date the Secretary of Veterans Affairs requests the evidence.

(2)Payment shall include only amounts due at the time of death under ratings or decisions existing at the time of the death.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 3330(a)31:123(provisos).Oct. 9, 1940, ch. 796, 54 Stat. 1086, § 1(provisos); added Dec. 2, 1942, ch. 659, 56 Stat. 1028. 3330(b)31:124(last par.).Oct. 9, 1940, ch. 796, §§ 2(last par.), 3(last par.), 54 Stat. 1086, 1087. 3330(c), (d)31:125(last par.). In the section, the words “laws carried out” are substituted for “laws administered”, and the words “Administrator of Veterans’ Affairs” and “Administrator” are substituted for “Veterans’ Administration”, for consistency. In subsection (a)(1), before clause (A), the word “issued” is substituted for “drawn” for clarity and consistency. Clause (A) is substituted for “drawn against funds of the United States” for consistency in the chapter. In clause (C), the words “guardian, curator, conservator, or other” are omitted as surplus. The words “legally responsible for” are substituted for “vested with” for clarity. In subsection (b), the words “under section 3329(b)(4) of this title” are substituted for “to the special deposit account” for clarity and because of the restatement. The words “deposited in” are substituted for “covered into” for clarity and consistency in the revised title. In subsection (c), before clause (1), the word “accruing” is omitted as surplus. In clauses (1) and (2), the words “surviving spouse” and “spouse” are substituted for “widow”, and the word “spouse’s” is substituted for “widow’s”, to conform to

Amendments

made generally to title 38 by the Veterans Disability Compensation and Survivor Benefits Act of 1976 (Pub. L. 94–433, 90 Stat. 1374). In clause (1), the words “first to” are omitted as surplus. In clause (4), the word “only” is substituted for “no disbursement whatsoever of such pension, compensation, or emergency officers’ retirement pay shall be made or allowed except so much” to eliminate unnecessary words. In subsection (d)(1)(B), the word “completed” is substituted for “perfected” for clarity. In subsection (d)(2), the words “and unpaid” are omitted as surplus.

Editorial Notes

Amendments

1994—Subsec. (d)(1)(B). Pub. L. 103–272 substituted “Secretary of Veterans Affairs” for “Administrator”. 1991—Pub. L. 102–54, § 13(l)(4)(A), substituted “Department of Veterans Affairs” for “Veterans’ Administration” in section catchline. Subsec. (a)(1)(B). Pub. L. 102–54, § 13(l)(3)(A), substituted “Secretary of Veterans Affairs” for “Administrator of Veterans’ Affairs”. Subsec. (a)(2), (3). Pub. L. 102–54, § 13(l)(3)(B), substituted “Secretary of Veterans Affairs” for “Administrator”. Subsecs. (b), (c). Pub. L. 102–54, § 13(l)(3)(C), substituted “laws administered by the Secretary of Veterans Affairs” for “laws carried out by the Administrator”. Subsec. (d)(1)(A). Pub. L. 102–54, § 13(l)(3)(B), substituted “Secretary of Veterans Affairs” for “Administrator”.

§3330 Payment of Department of Veterans Affairs Checks for the Benefit of Individuals in Foreign Countries

Summary

Title 31, §3330

Notes & Related Subsidiaries

Historical and Revision Notes

Amendments

Editorial Notes

Amendments

Citations & Metadata