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38 U.S.C. § 5318 — Review of Social Security Administration death information

submitted 36 years ago by Pub. L. 101-508 to r/title-38-VETERANS-BENEFITS · 183 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary must compare VA payment records with Social Security death records. The goal is to identify deceased recipients, stop improper payments promptly, and begin collecting resulting overpayments promptly.

(a) The Secretary must periodically compare VA information about people who receive compensation or pension with Social Security Administration records about people who have died, to: (1) determine whether any person receiving such payments is dead; (2) make sure payments to or for a dead person stop promptly; and (3) make sure collection of overpayments caused by payments after death begins promptly. (b) The death information may come from the Social Security Commissioner, including information supplied by a State, under a memorandum of understanding between the Secretary and Commissioner. The memorandum must include safeguards against unauthorized use or improper disclosure.
the actual law source: uscode.house.gov ↗public domain
(a)

The Secretary shall periodically compare Department of Veterans Affairs information regarding persons to or for whom compensation or pension is being paid with information in the records of the Social Security Administration relating to persons who have died for the purposes of—

(1)

determining whether any such persons to whom compensation and pension is being paid are deceased;

(2)

ensuring that such payments to or for any such persons who are deceased are terminated in a timely manner; and

(3)

ensuring that collection of overpayments of such benefits resulting from payments after the death of such persons is initiated in a timely manner.

(b)

The Social Security Administration death information referred to in subsection (a) of this section is death information available to the Secretary from or through the Commissioner of Social Security, including death information available to the Commissioner from a State, pursuant to a memorandum of understanding entered into by the Secretary and the Commissioner. Any such memorandum of understanding shall include safeguards to assure that information made available under it is not used for unauthorized purposes or improperly disclosed.

Source credit: (Added Pub. L. 101–508, title VIII, § 8053(b)(1), Nov. 5, 1990, 104 Stat. 1388–352, § 3118; renumbered § 5318, Pub. L. 102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 108–183, title VII, § 708(c)(4)(A), (B)(i), Dec. 16, 2003, 117 Stat. 2674.)

history & why it existsrecord from the source credit
  • 1990Enacted · Pub. L. 101-508 · 104 Stat. 1388
  • 1991Amended · Pub. L. 102-40 · 105 Stat. 238
  • 2003Amended · Pub. L. 108-183 · 117 Stat. 2674

A history note hasn’t been published yet. The record shows enactment by Pub. L. 101-508 on 1990-11-05.

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