PRIA, Government Policy, Made Personal

Summary

If someone knowingly makes, helps make, or arranges a false document or statement about a claim for benefits under the laws run by the Secretary (except insurance benefits), that person loses all rights, claims, and benefits under those laws. If a veteran loses disability pay for that reason, the money that would have gone to the veteran is instead paid to the veteran’s spouse, children, and parents, but only up to the amounts they would get if the veteran had died from a service-connected disability. Anyone who took part in the fraud gets nothing. If the veteran dies, loss of benefits does not stop burial allowance, death compensation, dependency and indemnity compensation, or death pension. No apportionment awards under this rule may be made after September 1, 1959. After September 1, 1959, a person who lived or was domiciled in a State when the fraud happened cannot be made to forfeit benefits under this rule or section 6104 unless they move out before the time for criminal charges runs out. This does not cover forfeitures that happened before September 1, 1959 or acts in the Philippine Islands before July 4, 1946. The Secretary must review all forfeitures imposed on or before September 1, 1959 for false paperwork. If the Secretary finds a forfeiture would not have happened under the post-September 1, 1959 rules, the Secretary must cancel it effective June 30, 1972. Restored benefits can be paid if the person applies, and the award date follows section 5110(g).

Title 38, §6103

Veterans' Benefits, Source: USLM XML via OLRC

(a)Whoever knowingly makes or causes to be made or conspires, combines, aids, or assists in, agrees to, arranges for, or in any way procures the making or presentation of a false or fraudulent affidavit, declaration, certificate, statement, voucher, or paper, concerning any claim for benefits under any of the laws administered by the Secretary (except laws pertaining to insurance benefits) shall forfeit all rights, claims, and benefits under all laws administered by the Secretary (except laws pertaining to insurance benefits).

(b)Whenever a veteran entitled to disability compensation has forfeited the right to such compensation under this section, the compensation payable but for the forfeiture shall thereafter be paid to the veteran’s spouse, children, and parents. Payments made to a spouse, children, and parents under the preceding sentence shall not exceed the amounts payable to each if the veteran had died from service-connected disability. No spouse, child, or parent who participated in the fraud for which forfeiture was imposed shall receive any payment by reason of this subsection. An apportionment award under this subsection may not be made in any case after September 1, 1959.

(c)Forfeiture of benefits by a veteran shall not prohibit payment of the burial allowance, death compensation, dependency and indemnity compensation, or death pension in the event of the veteran’s death.

(d)(1)After September 1, 1959, no forfeiture of benefits may be imposed under this section or section 6104 of this title upon any individual who was a resident of, or domiciled in, a State at the time the act or acts occurred on account of which benefits would, but not for this subsection, be forfeited unless such individual ceases to be a resident of, or domiciled in, a State before the expiration of the period during which criminal prosecution could be instituted. This subsection shall not apply with respect to (A) any forfeiture occurring before September 1, 1959, or (B) an act or acts which occurred in the Philippine Islands before July 4, 1946.

(2)The Secretary is hereby authorized and directed to review all cases in which, because of a false or fraudulent affidavit, declaration, certificate, statement, voucher, or paper, a forfeiture of gratuitous benefits under laws administered by the Secretary was imposed, pursuant to this section or prior provisions of law, on or before September 1, 1959. In any such case in which the Secretary determines that the forfeiture would not have been imposed under the provisions of this section in effect after September 1, 1959, the Secretary shall remit the forfeiture, effective June 30, 1972. Benefits to which the individual concerned becomes eligible by virtue of any such remission may be awarded, upon application therefor, and the effective date of any award of compensation, dependency and indemnity compensation, or pension made in such a case shall be fixed in accordance with the provisions of section 5110(g) of this title.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1994—Subsec. (d)(1). Pub. L. 103–446, § 1201(e)(18), in second sentence substituted “(A) any” for “(a) any”, “(B) an act” for “(b) an act”, and “before

July 4, 1946” for “prior to

July 4, 1946”. Subsec. (d)(2). Pub. L. 103–446, § 1201(f)(5), substituted “

June 30, 1972” for “the date of enactment of this amendatory Act”. 1991—Pub. L. 102–40, § 402(b)(1), renumbered section 3503 of this title as this section. Subsec. (a). Pub. L. 102–83, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans’ Administration” in two places. Subsec. (b). Pub. L. 102–54, § 14(d)(8)(A), amended subsec. (b) as in effect immediately before the enactment of Pub. L. 102–40 by inserting at end “An apportionment award under this subsection may not be made in any case after

September 1, 1959.” Subsec. (d)(1). Pub. L. 102–40, § 402(d)(1), substituted “6104” for “3504”. Subsec. (d)(2). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in three places. Pub. L. 102–83, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans’ Administration”. Pub. L. 102–40, § 402(d)(1), substituted “5110(g)” for “3010(g)”. Subsec. (e). Pub. L. 102–54, § 14(d)(8)(B), amended section as in effect immediately before the enactment of Pub. L. 102–40 by striking out subsec. (e) which read as follows: “No apportionment award under subsection (b) of this section shall be made in any case after the date of enactment of this subsection.” 1986—Subsec. (c). Pub. L. 99–576, § 701(83)(A), substituted “the veteran’s” for “his”. Subsec. (d)(2). Pub. L. 99–576, § 701(83)(B), substituted “the Administrator” for “he” in two places in second sentence. 1983—Subsec. (b). Pub. L. 98–160 substituted “the right” for “his right”, “the veteran’s spouse” for “his wife”, and “spouse” for “wife” in two places. 1972—Subsec. (d). Pub. L. 92–328 designated existing provisions as par. (1) and added par. (2). 1969—Subsec. (d). Pub. L. 91–24 substituted “

September 1, 1959” for “the date of enactment of this subsection” wherever appearing. 1959—Subsecs. (d) and (e). Pub. L. 86–222 added subsecs. (d) and (e).

Statutory Notes and Related Subsidiaries

Effective Date

of 1972 AmendmentAmendment by Pub. L. 92–328 effective June 30, 1972, see section 301(c) of Pub. L. 92–328, set out as a note under section 3713 of this title.

§6103 Forfeiture for Fraud