2017 US Code
Title 38 - Veterans' Benefits
Part IV - General Administrative Provisions
Chapter 51 - Claims, Effective Dates, and Payments
Subchapter III - Payment of Benefits
Sec. 5122 - Cancellation of checks mailed to deceased payees

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Citation 38 U.S.C. § 5122 (2017)
Section Name §5122. Cancellation of checks mailed to deceased payees
Section Text

A check received by a payee in payment of accrued benefits shall, if the payee died on or after the last day of the period covered by the check, be returned to the issuing office and canceled, unless negotiated by the payee or the duly appointed representative of the payee's estate. The amount represented by such check, or any amount recovered by reason of improper negotiation of any such check, shall be payable in the manner provided in section 5121 of this title, without regard to section 5121(c) of this title. Any amount not paid in the manner provided in section 5121 of this title shall be paid to the estate of the deceased payee unless the estate will escheat.

Source Credit

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1229, §3022; Pub. L. 99–576, title VII, §701(67), Oct. 28, 1986, 100 Stat. 3296; renumbered §5122 and amended Pub. L. 102–40, title IV, §402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 104–316, title II, §202(t), Oct. 19, 1996, 110 Stat. 3845.)

Editorial Notes AMENDMENTS

1996—Pub. L. 104–316 in last sentence struck out "upon settlement by the General Accounting Office" after "shall be paid".

1991—Pub. L. 102–40 renumbered section 3022 of this title as this section and substituted "5121" for "3021" in two places and "5121(c)" for "3021(c)".

1986—Pub. L. 99–576 substituted "the payee's" for "his" in first sentence.

Publication Title United States Code, 2012 Edition, Supplement 5, 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 51 - CLAIMS, EFFECTIVE DATES, AND PAYMENTS
SUBCHAPTER III - PAYMENT OF BENEFITS
Sec. 5122 - Cancellation of checks mailed to deceased payees
Contains section 5122
Date 2017
Laws In Effect As Of Date January 12, 2018
Positive Law Yes
Disposition standard
Statutes at Large References 72 Stat. 1229
100 Stat. 3296
105 Stat. 238
110 Stat. 3845
Public Law References Public Law 85-857, Public Law 99-576, Public Law 102-40, Public Law 104-316
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