Chapter 860. To amend the World War Adjusted Compensation Act, as amended
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Chap. 860: To amend the World War Adjusted Compensation Act, as amended. Chapter 860 45 Stat. 947 1928-05-29 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-01-24 70 1 public Chapter 860.— An Act To amend the World War Adjusted Compensation Act, as amended. May 29, 1928.[[H. R. 10487](/us/bill/70/hr/10487).][[Public, No. 570](/us/pl/70/570).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, * World War Adjusted Compensation Act amendments.Vol. 44, p. 826, amended.As of December 31, 1927.
That subdivisions
(b)and
(c)of section 302 of the World War Adjusted Compensation Act, as amended, are amended, to take effect as of December 31, 1927, to read as follows: " “(b) Such application shall be made and filed on or before JanuaryApplication to be filed on or before January 2, 1930.Personally, unless physically disqualified. 2, 1930,
(1)personally by the veteran, or
(2)in case physical or mental incapacity prevents the making or filing of a personal application, then by such representative of the veteran and in such manner as may be by regulations prescribed. An application made by aBy other than representative, etc., void. person other than the representative authorized by any such regulation, or not filed on or before January 2, 1930, shall be held void.If veteran die. If the veteran dies after the application is made and before it is filed it may be filed by any person: *Provided, however, *That if the veteran*Proviso.*By widow, if not made by veteran. died between May 19, 1924, and July 1, 1924, without making the application, leaving a widow surviving him, the application may be made by the widow and shall be valid with the same force and effect in every respect as if the application had been made by the veteran. “(c) If the veteran dies after the application is made, it shall beValidity if veteran die after application made. valid if the Secretary of War or the Secretary of the Navy, as the case may be, finds that it bears the bona fide signature of the applicant, discloses an intention to claim the benefits of this Act on behalf of the veteran, and is filed on or before January 2, 1930, whether or not the veteran is alive at the time it is filed. If the veteran diesDisposition, if dependents paid, and valid application filed thereafter. and payments are made to his dependents under Title VI, and thereafter a valid application is filed under this section, then if the adjusted service credit of the veteran is more than $50, payment shall be made in accordance with Title V, less any amounts already paid under Title VI. " Sec. 2. Section 602 of the World War Adjusted CompensationPayments to dependents.Vol. 44, p. 829, amended. Act, as amended, is amended, to take effect as of December 31, 1927, to read as follows: " “Sec. 602.
(a)No payment under section 601 shall be made to aNo payment to widow if remarried, etc. widow if she has remarried before making and filing application, or if at the time of the death of the veteran was living apart from him by reason of her own willful act; nor unless dependent at the time of the death of the veteran or at any time thereafter and beforePresumption of dependency. January 3, 1930. The widow shall be presumed to have been depend-948ent at the time of the death of the veteran upon a showing of the marital cohabitation. “(b) Payment under section 601 shall be made to a child if (1)Child under 18, or mentally and physically incapable of support. under eighteen years of age at the time of the death of the veteran, or
(2)at any time thereafter and before January 3, 1930, incapable of self-support by reason of mental or physical defect. “(c) No payment under section 601 shall be made to a mother orLimitation to mother or father. father unless dependent at the time of the death of the veteran or at any time thereafter and before January 3, 1930. If at the timePresumption of dependence. of the death of the veteran or at any time thereafter and before January 3, 1930, the mother is unmarried or over sixty years of age, or the father is over sixty years of age, such mother or father, respectively, shall be presumed to be dependent.” " Sec. 3. Subdivision
(b)and
(c)of section 604 of such Act, asApplications.Vol. 43, p. 129, amended. amended, are amended, to take effect as of December 31, 1927, to read as follows: " “(b) Applications for such benefits, whether vested or contingent,Time for applying extended. shall be made and filed by the dependents of the veteran on or beforeException. January 2, 1930; except that in the case of the death of the veteran during the six months immediately preceding such date the application shall be made and filed at any time within six months after the death of the veteran. Payments under this title shall be made onlyPayments only if required applications made. to dependents who have made and filed application in accordance with the provisions of this subdivision. “(c) An application shall be made and filed
(1)personally by thePersonally, or by representative if physically, etc., incapable. dependent if sixteen years of age or over, or
(2)in case physical or mental incapacity or legal disability prevents the making or filing of a personal application, then by such representative of the dependent and in such manner as the Secretary of War and the Secretary of the Navy shall jointly by regulation prescribe. An applicationOtherwise, void. made or filed by a person other than the representative authorized by such regulation shall be held void.” " Sec. 4. Title III of such Act, as amended, is amended, to takeBenefits.Vol. 43, p. 125, amended.Vol. 44, p. 828. effect as of May 19, 1924, by adding at the end thereof new sections to read as follows: " “Sec. 311. Where the records of the War Department or the NavyNew sections.Presumption of application if Department records show filing, though original can not be found. Department show that an application, disclosing an intention to claim the benefits of any provision of this Act, has been filed on or before January 2, 1930, and the application can not be found, such application shall be presumed, in the absence of affirmative evidenceTransmittal of new application. to the contrary, to have been valid when originally filed. In such case the Secretary of War or the Secretary of the Navy, as the case may be, shall not be required to transmit to the Director the application (as provided in sections 303 and 605) unless a new application is filed, in which case the new application shall be considered to have been filed on the date of filing of the lost application. “Sec. 312.
(a)If satisfactory evidence is produced establishingPresumption of death of continued unexplained absence for seven years. the fact of the continued and unexplained absence of any individual from his home and family for a period of seven years, during which period no intelligence of his existence has been received, the death of such individual as of the date of the expiration of such period shall, for the purposes of this Act, be considered as sufficiently proved. “(b) If in the case of any such individual who is a veteran itIf no application by veteran prior to period of absence, benefit allowed dependents. appears that his application was not made and filed prior to the beginning of such seven-year period, or that although entitled to receive adjusted service pay he did not receive it prior to the beginning of such seven-year period, then his dependents who have made and filed application before the date of the expiration of such seven-year period (if such period began before January 3, 1930) shall be949 entitled to receive the amount of his adjusted service credit in accordance with the provisions of Title VI. “(c) For the purposes of subdivision
(b)of this section—Presumptions. “(1) The widow shall be considered to be dependent, within theDependency of widow. meaning of section 602, if she was dependent at the beginning of such seven-year period or at any time thereafter and before the expiration of such period. The widow shall be presumed to have been dependent at the beginning of such seven-year period upon a showing of the marital cohabitation. “(2) A child shall be considered incapable of self-support, withinIncapacity of child. the meaning of section 602, if incapable of self-support by reason of mental or physical defect at the beginning of such seven-year period or at any time thereafter and before the expiration of such period. “(3) The mother or father shall be considered to be dependent,Dependency of mother or father. within the meaning of section 602, if dependent at the beginning of such seven-year period or at any time thereafter and before the expiration of such period. If at the expiration of such seven-year period the mother is unmarried or over sixty years of age, or the father is over sixty years of age, such mother or father, respectively, shall be presumed to be dependent. “(d) In the case of a veteran, if it appears that he is still living,If veteran appears, payments to dependents shall cease. payments to dependents in respect of his death shall cease, and, if he has filed a valid application under the provisions of section 302, anyDeduction authorized. payments already made shall be deducted from the face value of his adjusted service certificate, or from the amount of his adjusted service credit if such credit is not more than $50. In the case of a dependent, if it appears that such dependent is still living, payments to dependents later in preference under this Act shall cease, and, if such dependent has filed a valid application under the provisions of section 604, the remainder of the payments shall be made in accordance with the provisions of Title VI. “Sec. 313. That where any payment under this Act is to be madePayments to guardian, etc., of minors, physically incompetents, etc. to a minor, other than a person in the military or naval forces of the United States, or to a person mentally incompetent, or under other legal disability adjudged by a court of competent jurisdiction, such payment may be made to the legally constituted guardian, curator, or conservator of the person entitled to payment, or to the person found by the Director to be otherwise legally vested with the care of the person entitled to payment or of his estate. Prior toPrior to receipt of notice of disability. the receipt of notice by the Bureau that any such person entitled to payment is under such legal disability, payment may be made to such person direct.” " Sec. 5. Title V of such Act, as amended, is amended by adding atAdjusted certificates.Vol. 43, p. 128, amended. the end thereof a new section to read as follows: " “Sec. 508. Notwithstanding any other provision of this Act aChange of beneficiaries, etc. veteran may, under regulations prescribed by the Director, name more than one beneficiary, and may from time to time, with the approval of the Director, change such beneficiaries. If the Director is unable to ascertain the beneficiary named by the veteran, payment shall be made to the estate of the veteran.” " Sec. 6. Section 702 of such Act, as amended, is amended to readVol. 43, p. 131, amended. as follows: " “Sec. 702. Whoever knowingly makes any false or fraudulentPunishment for fraudulent statements extended. statement of a material fact in any application, certificate, or document made under the provisions of Title III, IV, V, VI, or VII, or of any regulation made under any such title, shall, upon conviction thereof, be fined not more than $1,000, or imprisoned not more than five years, or both.” " Sec. 7. This Act shall not invalidate any payments made orNo prior payments invalidated. applications received, before the enactment of this Act, under the950 World War Adjusted Compensation Act, as amended. PaymentsEffect of change of status of dependents. under awards heretofore or hereafter made shall be made to the dependent entitled thereto regardless of change in status, unless another dependent establishes to the satisfaction of the Director a priority of preference under such Act, as amended. Upon the establishment of such preference the remaining installments shall be paid to such dependent, but in no case shall the total payments under Title VI of such Act, as amended (except section 608), exceed theVol. 44, p. 829. adjusted service credit of the veteran. Approved, May 29, 1928.
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