[Code of Federal Regulations]
[Title 38, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 38CFR13.56]

[Page 560]
 
            TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF
 
                CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS
 
PART 13_VETERANS BENEFITS ADMINISTRATION, FIDUCIARY 
 
Sec. 13.56  Direct payment.

    (a) Veterans. Department of Veterans Affairs benefits payable to a 
veteran rated incompetent may be paid directly to the veteran in such 
amount as the Veterans Service Center Manager determines the veteran is 
able to manage with continuing supervision by the Veterans Service 
Center Manager, provided a fiduciary is not otherwise required. If it is 
determined that an amount less than the full entitlement is to be paid, 
such payment shall be for a limited period of time, generally 6 months, 
but in no event to exceed 1 year, after which full payment will be made 
and any funds withheld as a result of this section will be released to 
the veteran, if not otherwise payable to a fiduciary.
    (b) Other adults. Department of Veterans Affairs benefits payable to 
an adult beneficiary who has been rated or judicially declared 
incompetent may be paid directly to the beneficiary in such amounts as 
the Veterans Service Center Manager determines the beneficiary is able 
to manage with continuing supervision by the Veterans Service Center 
Manager, provided a fiduciary is not otherwise required. If it is 
determined that an amount less than the full entitlement is to be paid, 
such payment shall be for a limited period of time, generally 6 months, 
but in no event to exceed 1 year, after which full payment will be made 
and any funds withheld as a result of this section will be released to 
the beneficiary, if not otherwise payable to a fiduciary.
    (c) Minors. Department of Veterans Affairs benefits payable to a 
minor:
    (1) May be paid direct when:
    (i) Arising in connection with a program of education or training 
under 38 U.S.C. ch. 35.
    (ii) The Veterans Service Center Manager determines it would be in 
the minor's best interests.
    (2) Will be paid direct when:
    (i) The beneficiary's only legal disability is minority and he or 
she is in active military, naval, or air service, or the widow or 
widower of a veteran.
    (ii) The minor is deemed otherwise emancipated under State law.

[40 FR 54247, Nov. 21, 1975, as amended at 42 FR 34282, July 5, 1977; 67 
FR 46869, July 17, 2002]