PRIA, Government Policy, Made Personal

Summary

The Treasury Department’s Division of Disbursements will pay funds, when the Secretary approves, to help members and patients who are getting care or treatment at any Department facility or hospital, including places not directly run by it. From a deceased veteran’s assets, valid creditor claims and administration costs may be paid if presented within one year from the date of death or as state law allows. If the estate is insolvent, creditor payments follow the veteran’s state of domicile, subject to applicable U.S. law.

Title 38, §8523

Veterans' Benefits, Source: USLM XML via OLRC

Disbursements from the Fund shall be made by the Division of Disbursements, Treasury Department, upon the order and within the discretion of the Secretary for the benefit of members and patients while being supplied care or treatment by the Department in any facility or hospital. The authority contained in the preceding sentence is not limited to facilities or hospitals under direct administrative control of the Department. There shall be paid out of the assets of the decedent so far as may be the valid claims of creditors against the decedent’s estate that would be legally payable therefrom in the absence of this subchapter and without the benefit of any exemption statute, and which may be presented to the Department within one year from the date of death, or within the time, to the person, and in the manner required or permitted by the law of the State wherein administration, if any, is had upon the estate of the deceased veteran; and also the proper expenses and costs of administration, if any. If the decedent’s estate is insolvent the distribution to creditors shall be in accordance with the laws of the decedent’s domicile, and the preferences and priorities prescribed thereby shall govern, subject to any applicable law of the United States.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1991—Pub. L. 102–40 renumbered section 5223 of this title as this section. Pub. L. 102–83 substituted “Secretary” for “Administrator” and “Department” for “Veterans’ Administration” wherever appearing. 1986—Pub. L. 99–576 substituted “the decedent’s” for “his” in two places.

Executive Documents

Transfer of Functions

Division of Disbursements of Treasury Department consolidated into Fiscal Service of Treasury Department by section 1(a)(1) of Reorg. Plan No. III of 1940, eff. June 30, 1940, 5 F.R. 2107, 54 Stat. 1231, set out in the Appendix to Title 5, Government Organization and Employees. See section 306 of Title 31, Money and Finance.

§8523 Disbursements From the Fund