§ 13.280. Accountings.
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/us/cfr/t38/s§ 13.280·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)General. Except as prescribed in paragraph
(d)of this section, a fiduciary for a beneficiary must submit to the fiduciary hub with jurisdiction an annual accounting regarding the VA benefit funds under management by the fiduciary for the beneficiary if:
(1)The amount of VA benefit funds under management for the beneficiary exceeds \$10,000;
(2)The fiduciary deducts a fee authorized under § 13.220 from the beneficiary's account;
(3)The beneficiary is being paid VA compensation benefits at a total disability rating (100 percent), whether schedular, extra-schedular, or based on individual unemployability; or
(4)The Hub Manager determines an accounting is necessary to ensure the fiduciary has properly managed the beneficiary's funds.
(b)Scope of accounting. For purposes of this section, accounting means the fiduciary's written report regarding the income and funds under management by the fiduciary for the beneficiary during the accounting period prescribed by the Hub Manager. The accounting prescribed by this section pertains to all activity in the beneficiary's accounts, regardless of the source of funds maintained in those accounts. An accounting consists of:
(1)A beginning inventory or account balance,
(2)An itemization of income,
(3)An itemization of expenses,
(4)An ending inventory or account balance,
(5)Copies of financial institution documents reflecting receipts, expenditures, and beginning and ending balances, and
(6)Receipts, when required by the Hub Manager.
(c)Submission requirements. Fiduciaries must submit annual accountings to the fiduciary hub as follows:
(1)The fiduciary must submit accountings on the appropriate VA form not later than 30 days after the end of the accounting period prescribed by the Hub Manager.
(2)The fiduciary must submit a corrected or supplemental accounting not later than 14 days after the date of VA notice of an accounting discrepancy.
(d)Exceptions. The provisions of this section that generally require the submission of an annual accounting do not apply to a fiduciary who is:
(1)The beneficiary's spouse;
(2)A chief officer of a Federal institution;
(3)A chief officer of a non-VA facility receiving benefits for a beneficiary institutionalized in the facility and:
(i)The beneficiary's monthly care, maintenance, and personal use expenses equal or exceed the amount of the beneficiary's monthly VA benefit; and
(ii)The amount of VA benefit funds under management by the fiduciary does not exceed \$10,000; or
(4)A fiduciary who receives benefits on behalf of a beneficiary and both permanently resides outside of the United States or in the Commonwealth of Puerto Rico or the Republic of the Philippines, and the fiduciary was appointed outside of the United States or in the Commonwealth of Puerto Rico or the Republic of the Philippines.
(e)Failure to comply with accounting requirements. The Hub Manager will treat any willful neglect or refusal to file proper accountings as prima facie evidence of embezzlement or misappropriation of VA benefits. Such evidence is grounds for starting a misuse investigation under § 13.400. (Authority: 38 U.S.C. 501, 5502, 5509, 6101) (Approved by the Office of Management and Budget under control number 2900-0017)
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U.S. Code