38 U.S.C. § 5308 — Withholding benefits of persons in territory of the enemy
submitted 68 years ago by Pub. L. 85-857 to r/title-38-VETERANS-BENEFITS · 207 words · no verdicts yet
An alien receiving gratuitous benefits administered by the Secretary loses the award immediately when located in enemy territory or under an enemy’s military control. Benefits can resume only after a new claim with satisfactory evidence, while the Secretary may pay limited amounts to dependents.
(a) When an alien entitled to “gratuitous benefits,” a term this section does not define, is in territory controlled by or under the military control of an enemy of the United States or its allies, the award ends immediately. (b) The alien is not again entitled unless the alien files a new claim with satisfactory evidence that the alien did not commit mutiny, treason, sabotage, or assistance to the enemy. Except as section 5309 provides, benefits are not paid for time before filing. (c) While the alien remains there, the Secretary* may divide and pay part of the benefits to dependents, but no dependent may receive more than the dependent would receive if the alien were dead.
When any alien entitled to gratuitous benefits under laws administered by the Secretary* is located in territory of, or under military control of, an enemy of the United States or of any of its allies, any award of such benefits in favor of such alien shall be terminated forthwith.
Any alien whose award is terminated under subsection (a) shall not thereafter be entitled to any such gratuitous benefits except upon the filing of a new claim, accompanied by evidence satisfactory to the Secretary showing that such alien was not guilty of mutiny, treason, sabotage, or rendering assistance to such enemy. Except as provided in section 5309 of this title, such gratuitous benefits shall not be paid for any period before the date the new claim is filed.
While such alien is located in territory of, or under military control of, an enemy of the United States or of any of its allies, the Secretary, in the Secretary’s discretion, may apportion and pay any part of such benefits to the dependents of such alien. No dependent of such alien shall receive benefits by reason of this subsection in excess of the amount to which the dependent would be entitled if such alien were dead.
Source credit: (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1231, § 3108; Pub. L. 99–576, title VII, § 701(74), Oct. 28, 1986, 100 Stat. 3297; renumbered § 5308 and amended Pub. L. 102–40, title IV, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 102–83, § 4(a)(1), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 403–405.)
- 1958Enacted · Pub. L. 85-857 · 72 Stat. 1231
- 1986Amended · Pub. L. 99-576 · 100 Stat. 3297
- 1991Amended · Pub. L. 102-40 · 105 Stat. 238, 239
- 1991Amended · Pub. L. 102-83 · 105 Stat. 403
A history note hasn’t been published yet. The record shows enactment by Pub. L. 85-857 on 1958-09-02.
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