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38 U.S.C. § 5510 — Annual report
Federal law — U.S. Code and appendices · legal_authorities
The Secretary shall include in the Annual Benefits Report of the Veterans Benefits Administration or the Secretary’s Annual Performance and Accountability Report information concerning fiduciaries who have been appointed to receive payments for beneficiaries of the Department. As part of such information, the Secretary shall separately set forth the following:
(1) The number of beneficiaries in each category (veteran, surviving spouse, child, adult disabled child, or parent).
(2) The types of benefit being paid (compensation, pension, dependency and indemnity compensation, death pension or benefits payable to a disabled child under chapter 18 of this title).
(3) The total annual amounts and average annual amounts of benefits paid to fiduciaries for each category and type of benefit.
(4) The number of fiduciaries who are the spouse, parent, legal custodian, court-appointed fiduciary, institutional fiduciary, custodian in fact, and supervised direct payees.
(5) The number of cases in which the fiduciary was changed by the Secretary because of a finding that benefits had been misused.
(6) How such cases of misuse of benefits were addressed by the Secretary.
(7) The final disposition of such cases of misuse of benefits, including the number and dollar amount of any benefits reissued to beneficiaries.
(8) The number of fiduciary cases referred to the Office of the Inspector General and the nature of the actions taken by the Inspector General.
(9) The total amount of money recovered by the Government in cases arising from the misuse of benefits by a fiduciary.
(10) Such other information as the Secretary considers appropriate.
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Source location: Title 38, Chapter 55, § 5510; chapter-055-minors-incompetents-and-other-wards.md
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The Secretary shall include in the Annual Benefits Report of the Veterans Benefits Administration or the Secretary’s Annual Performance and Accountability Report information concerning fiduciaries who have been appointed to receive payments for beneficiaries of the Department. As part of such information, the Secretary shall separately set forth the following:
(1) The number of beneficiaries in each category (veteran, surviving spouse, child, adult disabled child, or parent).
(2) The types of benefit being paid (compensation, pension, dependency and indemnity compensation, death pension or benefits payable to a disabled child under chapter 18 of this title).
(3) The total annual amounts and average annual amounts of benefits paid to fiduciaries for each category and type of benefit.
(4) The number of fiduciaries who are the spouse, parent, legal custodian, court-appointed fiduciary, institutional fiduciary, custodian in fact, and supervised direct payees.
(5) The number of cases in which the fiduciary was changed by the Secretary because of a finding that benefits had been misused.
(6) How such cases of misuse of benefits were addressed by the Secretary.
(7) The final disposition of such cases of misuse of benefits, including the number and dollar amount of any benefits reissued to beneficiaries.
(8) The number of fiduciary cases referred to the Office of the Inspector General and the nature of the actions taken by the Inspector General.
(9) The total amount of money recovered by the Government in cases arising from the misuse of benefits by a fiduciary.
(10) Such other information as the Secretary considers appropriate.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Whenever there is an increase in benefit amounts payable under title II of the Social Security Act ([42 U.S.C. 401](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section401&num=0&edition=prelim) et seq.) as a result of a determination made under section 215(i) of such Act ([42 U.S.C. 415(i)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section415/i&num=0&edition=prelim)), the Secretary shall, effective on the date of such increase in benefit amounts, increase each maximum annual rate of pension under sections 1521, 1541, and 1542 of this title, the rate of increased pension paid under such sections 1521 and 1541 on account of children, and each rate of monthly allowance paid under [section 1805 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1805&num=0&edition=prelim), as such rates were in effect immediately prior to the date of such increase in benefit amounts payable under title II of the Social Security Act, by the same percentage as the percentage by which such benefit amounts are increased.
**(b)**
(1) Whenever there is an increase in benefit amounts payable under title II of the Social Security Act ([42 U.S.C. 401](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section401&num=0&edition=prelim) et seq.) as a result of a determination made under section 215(i) of such Act ([42 U.S.C. 415(i)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section415/i&num=0&edition=prelim)), the Secretary shall, effective on the date of such increase in benefit amounts, increase the maximum monthly rates of dependency and indemnity compensation for parents payable under subsections (b), (c), and (d), and the monthly rate provided in subsecti
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 5312
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Federal law — U.S. Code and appendices · legal_authorities
Page 1082
TITLE 38—VETERANS’ BENEFITS
§ 5508
ing to such inquiry or investigation, including
the otherwise applicable provisions of subpara-
graphs (A), (B), and (C) of such subsection. Any
such inquiry or investigation carried out on
such an expedited basis shall be carried out
under regulations prescribed for purposes of this
section.
(2) Paragraph (1) applies with respect to a pro-
posed fiduciary who is—
(A) the parent (natural, adopted, or step-
parent) of a beneficiary who is a minor;
(B) the spouse or parent of an incompetent
beneficiary;
(C) a person who has been appointed a fidu-
ciary of the beneficiary by a court of com-
petent jurisdiction; or
(D) being appointed to manage an estate
where the annual amount of veterans benefits
to be managed by the proposed fiduciary does
not exceed $3,600, as adjusted pursuant to sec-
tion 5312 of this title.
(d) TEMPORARY
FIDUCIARIES.—When in the
opinion of the Secretary, a temporary fiduciary
is needed in order to protect the assets of the
beneficiary while a determination of incom-
petency is being made or appealed or a fiduciary
is appealing a determination of misuse, the Sec-
retary may appoint one or more temporary fidu-
ciaries for a period not to exceed 120 days. If a
final decision has not been made within 120
days, the Secretary may not continue the ap-
pointment of the fiduciary without obtaining a
court order for appointment of a guardian, con-
servator, or other fiduciary under the authority
provided in section 5502(b) of this title.
(Added Pub. L. 108–454, title V, § 502(a), Dec. 10,
2004, 118 Stat. 3618.)
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective on the first day of the seventh
month beginning after Dec. 10, 2004, see section 507(a) of
Pub. L. 108–454,
Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 5510
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