Overview
In This Section |
This section contains the following topics:
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1. General Information on Awards to Foreign Resident Beneficiaries
Introduction |
This topic contains general information on awards to foreign resident beneficiaries, including
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Change Date |
March 14, 2019
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III.vi.3.B.1.a. Prohibition on the Release of Payments |
31 U.S.C. 3329 prohibits the release of payments to persons who live in a foreign country if the Secretary of the Treasury decides that local conditions in the foreign country do not reasonably ensure that the payee will
Note: The Department of Veterans Affairs (VA) may develop claims filed by and authorize awards to residents of listed countries, except citizens of the U.S.
References: For more information on
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III.vi.3.B.1.d. Special Account Called Secretary of the Treasury, Proceeds of Withheld Foreign Checks |
31 U.S.C. 3329(b)(4) provides for a special account called Secretary of the Treasury, Proceeds of Withheld Foreign Checks, which was established to preserve the rights of
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2. Services Offered by the Department of State
Introduction |
This topic contains information on the services offered by the Department of State, including
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Change Date |
August 14, 2006
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3. Developing Claims Filed by and Authorizing Awards to Foreign Residents
Introduction |
This topic contains information on developing claims filed by and authorizing awards to foreign residents, including
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Change Date |
March 14, 2019
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III.vi.3.B.3.b. When Not to Develop Claims From and Authorize Awards to Foreign Residents |
Deny initial and supplemental claims filed by claimants residing in listed countries without further development as provided in 38 CFR 3.653(c) when
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4. Discontinuing Awards to Foreign Resident Beneficiaries
Introduction |
This topic contains information on discontinuing awards to foreign resident beneficiaries, including
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Change Date |
March 14, 2019
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III.vi.3.B.4.d. Adjusting Awards to Beneficiaries When Dependents Reside in Listed Countries |
If the beneficiary resides in an unlisted country and is receiving additional compensation, pension, or increased pension because of a dependent who is or becomes a resident of a listed country, remove the dependent from the beneficiary’s award effective the date in the LAST PAID DATE field on the AWARD INFORMATION tab in Share.
Note: If the beneficiary’s award is apportioned or apportionable, see M21-1, Part III, Subpart v, 3.C.3.
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5. Releasing Withheld Funds and Resuming a Discontinued Award
Introduction |
This topic contains information on releasing withheld funds and resuming a discontinued award, including
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Change Date |
March 14, 2019
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III.vi.3.B.5.a. Requirements for Releasing Withheld Funds and Resuming Discontinued Awards |
Release withheld funds or resume a discontinued award if
References: For more information on
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III.vi.3.B.5.b. Releasing Withheld Funds |
Release pension and compensation payments formerly deposited in the special account referenced in M21-1, Part III, Subpart vi, 3.B.1.d
Notes:
Reference: For more information on the payment of withheld funds as accrued benefits, see M21-1, Part VIII, 5.11.
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III.vi.3.B.5.c. Resuming a Discontinued Award |
If an award was discontinued for the reason(s) VA prevented from obtaining necessary evidence or Payee residing in a listed country, pay the amount otherwise payable to the beneficiary effective the date of discontinuance.
Notes:
References: For more information on
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III.vi.3.B.5.d. Resuming an Award When the Existence of the Beneficiary Could Not be Established |
If payments were not made solely because the continued existence of the beneficiary was not established, apply 38 CFR 3.158(c), concerning whereabouts previously unknown.
The effective date of a resumed award under 38 CFR 3.158(c) is governed by 38 CFR 3.114(a). However, the effective date cannot be prior to December 1, 1962.
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III.vi.3.B.5.e. Developing for Eligibility |
Develop the claim to determine the beneficiary’s eligibility, including proof of identity, when releasing withheld funds or resuming a discontinued award. Development includes
Reinstate the benefit when development indicates that eligibility may be reestablished.
Note: Proof of identity must be acceptable to the Department of State authorities in the country removed from the Department of Treasury list.
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Historical_M21-1III_vi_3_SecB_9-25-15.docx | May 18, 2019 | 49 KB |
3-14-19_Key-Changes_M21-1III_vi_3_SecB.docx | May 18, 2019 | 51 KB |
Change-May-28-2015-Transmittal-Sheet-M21-1III_vi._3_SecB_TS.docx | May 18, 2019 | 39 KB |
Transmittal-08_14_06.doc | May 18, 2019 | 35 KB |
in Chapter 3 Special Act and Foreign Resident Beneficiaries, Part III General Claims Process, Subpart vi Special Authorization Issues
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