Page:United States Statutes at Large Volume 54 Part 1.djvu/1229

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54 STAT.] 76TH CONG., 3D SESS.-CH. 893-OCT. 17, 1940 or hospital care; to cover return travel to the place from which the person proceeded to the facility, when he is regularly discharged upon completion of such care; and to cover travel involved in a transfer, deemed necessary, from one Veterans' Administration facil- ity to another. All such travel will be subject to grant of prior authorization therefor. In the event of death of any such person within the continental limits of the United States prior to his dis- charge from such care, transportation expenses (including prepara- tion of the body) for the return of the body to the place of burial within the continental limits of the United States, or to the place of burial in Alaska if the veteran was a resident of Alaska and had been brought to the United States as a beneficiary of the Veterans' Administration for hospital or domiciliary care, may be paid in the discretion of the Administrator of Veterans' Affairs, when deemed necessary and as an administrative necessity. In the event of death of any such person in a Territory or possession of the United States transportation expenses (including preparation of the body) for the return of the body to place of burial within the Territory or pos- session may be paid." (c) This section shall be applied to any claim for burial benefits pending in the Veterans' Administration on the date of its enactment. SEC. 3 . Where a disabled person, entitled to pension, compensation, or emergency officers' retirement pay under laws or regulations admin- istered by the Veterans' Administration, and his wife are not living together, or where the child or children are not in the custody of the disabled person; or where, in death cases, the child or children are not in the custody of the widow, the amount of the pension, compensation or emergency officers' retirement pay may be appor- tioned as may be prescribed by the Administrator of Veterans' Affairs. The Act of March 3, 1899 (30 Stat. 1379, ch. 460; U. S. C., title 38. sees 45, 46, 47, and 49), with the exception of the last proviso (US. SC., title 38, sec. 192), paragraph VII of Veterans Regulation Numbered 6 series (U. S. C., title 38, ch. 12, appendix), and all other provisions of law or regulation in conflict with the foregoing are repealed or modified to conform with the provisions of this section. SEC. 4. That paragraph IV, Veterans Regulation Numbered 6 (a), as amended (U. S. C., title 38, ch. 12, appendix), is hereby amended to read as follows: "IV. No person shall be entitled to receive domiciliary, medical, or hospital care, including treatment, who resides outside of the con- tinental limits of the United States or its Territories or possessions: Provided, That in the discretion of the Administrator of Veterans' Affairs necessary hospital care, including medical treatment, may be furnished to veterans who are citizens of the United States and who are temporarily sojourning or residing abroad, for disabilities due to war service in the armed forces of the United States." SEC. 5. That section 3 of Public Law Numbered 262, Seventy-fourth Congress, approved August 12, 1935, is hereby amended by adding at the end thereof the following sentence: "From and after the date of approval of this amendatory Act this section shall be construed to prohibit the collection by set-off or otherwise out of any benefits payable pursuant to any law administered by the Veterans' Admin- istration and relating to veterans, their estates, or their dependents, of any claim of the United States or any agency thereof against (a) any person other than the indebted beneficiary or his estate; or (b) any beneficiary or his estate except amounts due the United States by such beneficiary or his estate by reason of overpayments or illegal payments made under such laws relating to veterans, to such bene- 1195 Allowance if death occurs within conti- nental limits of U. S . Territory or U. S . possession. Application of sec- tion. Apportionment of veterans' benefits. Designated conflict- ing laws, etc., repealed or modified. 38U. .C., 1934 ed., p. 1609. Restriction on ldonl- iciliary, etc., carn. Proviso. Exception. 49 Stat. 609. 38 U. S. C., Supp. V, §§ 454 (note), 454a Exemption of vet- erans' benefits from set-off under certain claims.