[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: 38CFR13.70]

[Page 562]
 
            TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF
 
                CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS
 
PART 13_VETERANS BENEFITS ADMINISTRATION, FIDUCIARY 
 
Sec.  13.70  Apportionment of benefits to dependents.

    (a) Incompetent veterans being furnished hospital treatment, 
institutional or domiciliary care by United States or political 
subdivision thereof. When compensation, pension or emergency officers' 
retirement pay is payable in behalf of a veteran who is incompetent or 
under other legal disability by court action, the Veterans Service 
Center Manager may recommend such apportionment to or in behalf of the 
veteran's spouse, child or dependent parent as may be necessary to 
provide for their needs.
    (b) Dependent parents. When the compensation of a veteran paid to 
his or her fiduciary includes an additional amount for a dependent 
parent or parents and the fiduciary neglects or refuses to make an 
equivalent contribution for their support, the Veterans Service Center 
Manager may recommend the apportionment to the parent or parents of the 
additional amount.
    (c) Payments withheld because of fiduciary's failure to properly 
administer veteran's estate. When payments of compensation, pension or 
emergency officers' retirement pay in behalf of a veteran have been 
stopped because of the fiduciary's failure or inability to properly 
account or otherwise administer the estate, the Veterans Service Center 
Manager may recommend the apportionment to the veteran's spouse, child 
or dependent parent of any benefit not paid under an institutional award 
or to a custodian-in-fact.

(Authority: 38 U.S.C. 501, 512, 5502, 5503)

[40 FR 54248, Nov. 21, 1975, as amended at 51 FR 26158, July 21, 1986; 
66 FR 48561, Sept. 21, 2001; 68 FR 34543, June 10, 2003]

[[Page 563]]