2016 US Code
Title 38 - Veterans' Benefits
Part IV - General Administrative Provisions
Chapter 53 - Special Provisions Relating to Benefits
Sec. 5318 - Review of Social Security Administration death information

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Citation 38 U.S.C. § 5318 (2016)
Section Name §5318. Review of Social Security Administration death information
Section Text

(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.)

Editorial Notes AMENDMENTS

2003—Pub. L. 108–183, §708(c)(4)(B)(i), substituted "Social Security Administration" for "Department of Health and Human Services" in section catchline.

Subsec. (a). Pub. L. 108–183, §708(c)(4)(A)(i), substituted "Social Security Administration" for "Department of Health and Human Services" in introductory provisions.

Subsec. (b). Pub. L. 108–183, §708(c)(4)(A)(ii), substituted "Social Security Administration" for "Department of Health and Human Services", "Commissioner of Social Security" for "Secretary of Health and Human Services" after "through the", "Commissioner" for "Secretary of Health and Human Services" after "available to the", and "the Secretary and the Commissioner" for "such Secretaries".

1991—Pub. L. 102–40 renumbered section 3118 of this title as this section.

Publication Title United States Code, 2012 Edition, Supplement 4, Title 38 - VETERANS' BENEFITS
Category Bills and Statutes
Collection United States Code
SuDoc Class Number Y 1.2/5:
Contained Within Title 38 - VETERANS' BENEFITS
PART IV - GENERAL ADMINISTRATIVE PROVISIONS
CHAPTER 53 - SPECIAL PROVISIONS RELATING TO BENEFITS
Sec. 5318 - Review of Social Security Administration death information
Contains section 5318
Date 2016
Laws In Effect As Of Date January 6, 2017
Positive Law Yes
Disposition standard
Statutes at Large References 104 Stat. 1388-352
105 Stat. 238
117 Stat. 2674
Public Law References Public Law 101-508, Public Law 102-40, Public Law 108-183
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