§5309 — Title 38 Veterans' Benefits | U.S. Code

Summary

People who should have received benefits under VA laws but had them stopped under section 5308 or held back under sections 3329 and 3330 of title 31 must be paid the full amounts they missed, unless they were guilty of mutiny, treason, sabotage, or helping an enemy. The Secretary of Veterans Affairs will tell the Secretary of the Treasury how much to pay from the special deposit account, and the Treasury must reimburse the VA or record the amounts as receipts. No payments can be made for any time before a person files a claim if their benefits were stopped before July 1, 1954, because they were citizens of Germany or Japan living in those countries.

Title 38, §5309

Veterans' Benefits — Source: USLM XML via OLRC

(a)Any person who, but for section 5308 of this title, was entitled to benefits under any of the laws administered by the Secretary, whose award of benefits was terminated under such section, or whose benefits were not paid pursuant to section 3329 and 3330 of title 31, and who was not guilty of mutiny, treason, sabotage, or rendering assistance to an enemy of the United States or its allies, shall be paid the full amount of any benefits not paid because of such section 5308, or withheld (including the amount of any checks covered on such person’s account into the Treasury as miscellaneous receipts together with any amount to such person’s credit in the special-deposit account) pursuant to section 3329 and 3330 of title 31. The Secretary shall certify to the Secretary of the Treasury the amounts of payments which, but for this section, would have been made from the special deposit account, and the Secretary of the Treasury, as directed by the Secretary, shall reimburse the appropriations of the Department from such special deposit account, or cover into the Treasury as miscellaneous receipts the amounts so certified.

(b)No payments shall be made for any period before the date claim therefor is filed under this section to any person whose award was terminated, or whose benefits were not paid, before July 1, 1954, because such person was a citizen or subject of Germany or Japan residing in Germany or Japan.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1991—Pub. L. 102–40, § 402(b)(1), renumbered section 3109 of this title as this section. Subsec. (a). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in two places in last sentence. Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration” in last sentence. Pub. L. 102–83, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans’ Administration” in first sentence. Pub. L. 102–40, § 402(d)(1), substituted “5308” for “3108” in two places in first sentence. 1986—Subsec. (a). Pub. L. 99–576, § 701(75)(A), substituted “such person’s” for “his” in two places. Subsec. (b). Pub. L. 99–576, § 701(75)(B), substituted “such person” for “he”. 1982—Subsec. (a). Pub. L. 97–258 substituted “section 3329 and 3330 of title 31” for “section 123–128 of title 31” wherever appearing.

§5309 Payment of Certain Withheld Benefits

Summary

Title 38, §5309

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata