Page:United States Statutes at Large Volume 72 Part 1.djvu/1269

From Wikisource
Jump to: navigation, search
This page needs to be proofread.
[72 Stat. 1227]
[72 Stat. 1227]
PUBLIC LAW 85-000—MMMM. DD, 1958

72 S T A T. ]

PUBLIC LAW 8 5 - 8 5 7 - S E P T. 2, 1958

(e) Where a report or a finding of death of any person in the active military, naval, or air service has been made by the Secretary concerned, the effective date of an award of death compensation, dependency and indemnity compensation, or death pension, as applicable, shall be the day after the date fixed by the Secretary as the date of death in such report or finding, if application therefor is received within one year from the date such report or finding has been made; however, such benefits shall not be payable to any person for any period for which such person has received, or was entitled to receive, an allowance, allotment, or service pay of the deceased. § 3011. Effective dates of increases The effective date of an award of increased compensation, dependency and indemnity compensation, or pension (amending, reopening, or supplementing a previous award, authorizing any payments not previously authorized to the individual involved) shall be fixed in accordance with the facts found, but shall not be earlier than the date of receipt of evidence showing entitlement thereto. § 3012. Effective dates of reductions and discontinuances (a) Except as otherwise specified in this section, the effective date of reduction or discontinuance of compensation, dependency and indemnity compensation, or pension shall be fixed in accordance with the facts found. (b) Where compensation, dependency and indemnity compensation, or pension has been awarded and a reduction or discontinuance is thereafter effected as to rates, such reduction or discontinuance shall be effective the last day of the month in which the reduction or discontinuance is approved. (c) The effective date of a reduction or discontinuance of compensation, dependency and indemnity compensation, or pension— (1) by reason of death, shall be the date of death; (2) by reason of marriage or remarriage, shall be the day before the date of marriage or remarriage; (3) by reason of attaining age eighteen (or twenty-one, as applicable), shall be the day before the eighteenth (or twentyfirst) birthday; (4) by reason of fraud on the part of the beneficiary, or with his knowledge, shall be the effective date of the award; and (5) by reason of receipt of active service pay or retirement pay, shall be the day before the date such pay began. § 3013. Effective dates of educational benefits Effective dates relating to awards under chapters 31, 33, and 35 of this title shall, to the extent feasible, correspond to effective dates relating to awards of disability compensation. Subchapter III—Payment of Benefits § 3020. Payment of benefits by check; delivery (a)' Monetary benefits under laws administered by the Veterans' Administration shall be paid by checks drawn, pursuant to certification by the Administrator, in such form as to protect the United States against loss, and payable by the Treasurer of the United States. Such checks shall be payable without separate vouchers or receipts except in any case in which the Administrator may consider a voucher necessary for the protection of the Government. Such checks shall be transmitted by mail to the payee thereof at his last known address and, if he has moved and filed a regular change of address notice with the Post Office Department, shall be forwarded to him. The envelope or cover of each such check shall bear on the face thereof

1227