38-U.S.C.-5308
§5308 – Withholding Benefits of Persons In Territory of The Enemy
Pathway
Title 38 > Part IV > Chapter 53 > Section 5308
Details
- Reference: Section 5308
- Legend: §5308 – Withholding Benefits of Persons In Territory of The Enemy
- USCode Year: 2013
Provision Content
(a) When any alien entitled to gratuitous benefits under laws administered by the Secretary is located in territory of, or under military control of, an enemy of the United States or of any of its allies, any award of such benefits in favor of such alien shall be terminated forthwith.
(b) Any alien whose award is terminated under subsection (a) shall not thereafter be entitled to any such gratuitous benefits except upon the filing of a new claim, accompanied by evidence satisfactory to the Secretary showing that such alien was not guilty of mutiny, treason, sabotage, or rendering assistance to such enemy. Except as provided in section 5309 of this title, such gratuitous benefits shall not be paid for any period before the date the new claim is filed.
(c) While such alien is located in territory of, or under military control of, an enemy of the United States or of any of its allies, the Secretary, in the Secretarys discretion, may apportion and pay any part of such benefits to the dependents of such alien. No dependent of such alien shall receive benefits by reason of this subsection in excess of the amount to which the dependent would be entitled if such alien were dead.
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1231, §3108; Pub. L. 99–576, title VII, §701(74), Oct. 28, 1986, 100 Stat. 3297; renumbered §5308 and amended Pub. L. 102–40, title IV, §402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 102–83, §4(a)(1), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 403–405.)
Amendments
1991—Pub. L. 102–40, §402(b)(1), renumbered section 3108 of this title as this section.
Subsec. (a). Pub. L. 102–83, §4(a)(1), substituted administered by the Secretary for administered by the Veterans’ Administration.
Subsec. (b). Pub. L. 102–83, §4(b)(1), (2)(E), substituted Secretary for Administrator.
Pub. L. 102–40, §402(d)(1), substituted 5309 for 3109.
Subsec. (c). Pub. L. 102–83, §4(b)(1), (2)(E), substituted Secretary for Administrator and Secretarys for Administrators.
1986—Subsec. (c). Pub. L. 99–576 substituted the Administrators for his in first sentence, and the dependent for he in second sentence.
U.S. Encyclopedia of Law Coverage
38-U.S.C.-5113 in the Legal Encyclopedia: Veterans
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Chapter 53 – Special Provisions Relating To Benefits in the Legal Encyclopedia: Benefits
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38-U.S.C.-5123 in the Legal Encyclopedia: Administrative Provisions
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