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A-67159, MAY 21, 1936, 15 COMP. GEN. 1015

A-67159 May 21, 1936
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ELIZABETHS HOSPITAL WHERE STATUTORY PROVISION IS MADE FOR PAYMENT OF BOARD AND MAINTENANCE OF DOMICILED OR HOSPITALIZED PENSIONERS FROM FEDERALLY APPROPRIATED FUNDS OR SPECIAL FUNDS UNDER FEDERAL CONTROL. THERE IS NO AUTHORITY FOR THE WITHHOLDING OF A CERTAIN AMOUNT OF PENSION MONEYS OF SUCH PENSIONERS FOR THAT PURPOSE. ARE FOR DEPOSITING TO PENSION MONEY. A COPY OF THE DECISION IS HEREWITH TRANSMITTED. THE FULL AMOUNT OF PENSION WAS FORWARDED TO THE SUPERINTENDENT OF SAINT ELIZABETHS HOSPITAL FOR EACH PENSIONER PATIENT. THIS PROCEDURE WAS CHANGED BEGINNING JULY 1. " AND ONLY THAT PORTION OF THE PENSION INTENDED FOR THE SOLE AND PERSONAL USE AND BENEFIT OF THE PENSIONER WAS RECEIVED HERE.

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A-67159, MAY 21, 1936, 15 COMP. GEN. 1015

PENSIONS - DISPOSITION - INMATES OF ST. ELIZABETHS HOSPITAL WHERE STATUTORY PROVISION IS MADE FOR PAYMENT OF BOARD AND MAINTENANCE OF DOMICILED OR HOSPITALIZED PENSIONERS FROM FEDERALLY APPROPRIATED FUNDS OR SPECIAL FUNDS UNDER FEDERAL CONTROL, THERE IS NO AUTHORITY FOR THE WITHHOLDING OF A CERTAIN AMOUNT OF PENSION MONEYS OF SUCH PENSIONERS FOR THAT PURPOSE. PENSION MONEYS OF INMATES OF ST. ELIZABETHS HOSPITAL PAID TO THE SUPERINTENDENT OF THE HOSPITAL UNDER THE TERMS OF SECTION 4839, REVISED STATUTES, AS AMENDED BY THE ACT OF FEBRUARY 2, 1909, 35 STAT. 592, RETAIN THEIR CHARACTER AS PENSION MONEYS, AND ARE FOR DEPOSITING TO PENSION MONEY, ST. ELIZABETHS HOSPITAL, TRUST FUND, AND NOT TO PERSONAL FUNDS OF PATIENTS, ST. ELIZABETHS HOSPITAL, TRUST FUNDS.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE INTERIOR, MAY 21, 1936:

CONSIDERATION HAS BEEN GIVEN YOUR LETTER OF MARCH 21, 1936, REQUESTING A DECISION ON THE QUESTIONS PRESENTED TO YOU BY THE ASSISTANT TO THE SUPERINTENDENT, ST. ELIZABETHS HOSPITAL, IN HIS LETTER TO YOU OF FEBRUARY 20, 1936, AS FOLLOWS:

ON DECEMBER 13, 1935, THE COMPTROLLER GENERAL OF THE UNITED STATES RENDERED A DECISION, A-67159, COVERING FIVE QUESTIONS ASKED BY THE ADMINISTRATOR OF VETERANS' AFFAIRS REGARDING PENSION MONEYS OF PATIENTS. A COPY OF THE DECISION IS HEREWITH TRANSMITTED, AND THE REPLIES TO QUESTIONS 1 AND 2 APPEAR TO BE OF PARTICULAR INTEREST TO THIS HOSPITAL AS THE PROCEDURES IN HANDLING PATIENTS' PENSION MONEYS HERE MAY BE CHANGED THEREBY.

FOLLOWING THE PASSAGE OF THE ACTS OF FEB. 20, 1905, AND FEB. 2, 1909, AND THE PROMULGATION BY THE SECRETARY OF THE INTERIOR ON MAY 1, 1909, OF REGULATIONS THEREUNDER (COPY HEREWITH TRANSMITTED), THE FULL AMOUNT OF PENSION WAS FORWARDED TO THE SUPERINTENDENT OF SAINT ELIZABETHS HOSPITAL FOR EACH PENSIONER PATIENT. THIS PROCEDURE WAS CHANGED BEGINNING JULY 1, 1933, UNDER THE PROVISIONS OF THE "ECONOMY ACT," AND ONLY THAT PORTION OF THE PENSION INTENDED FOR THE SOLE AND PERSONAL USE AND BENEFIT OF THE PENSIONER WAS RECEIVED HERE, USUALLY $6 OR $15 PER MONTH, FROM THE VETERANS' ADMINISTRATION WHICH HAD TAKEN OVER THE FUNCTIONS OF THE PENSION BUREAU.

UNDER THE REGULATIONS OF MAY 1, 1909, SUPRA, THERE WAS CREDITED TO THE PENSIONER'S ACCOUNT ONE-SIXTH OF HIS PENSION FOR HIS PERSONAL USE, FIVE- SIXTHS BEING SET ASIDE TO REIMBURSE THE HOSPITAL FOR PENSIONER'S BOARD AND MAINTENANCE; UNLESS THERE WERE A RECOGNIZED DEPENDENT RELATIVE WHO WOULD RECEIVE ONE-HALF THE PENSION, LEAVING ONLY ONE-THIRD AS REIMBURSEMENT FOR BOARD AND MAINTENANCE. UNDER THE NEWER PROCEDURE, HOWEVER, THIS WAS DISCONTINUED AS THE VETERANS' ADMINISTRATION EITHER HELD OR DISBURSED DIRECT TO THE PENSIONER'S DEPENDENT RELATIVE OR FIDUCIARY (GUARDIAN, COMMITTEE, ETC.), THE PORTION OF PENSION NOT FORWARDED HERE.

WE ARE NOT CERTAIN JUST HOW THE COMPTROLLER'S DECISION MAY BE INTERPRETED WITH REFERENCE TO PENSION FUNDS TO BE HEREAFTER DISBURSED TO THE SUPERINTENDENT OF SAINT ELIZABETHS HOSPITAL IN THE MANY CASES APPARENTLY COVERED BY THE DECISION. FOR EXAMPLE, IN A LETTER DATED JANUARY 13, 1936, WITH REFERENCE TO OUR PATIENT CLARENCE MATCHETT, A PENSIONER AT THE RATE OF $30 PER MONTH, THE DIRECTOR OF THE VETERANS' CLAIMS SERVICE STATED THAT THIS FULL AMOUNT MAY BE TRANSMITTED TO THE HOSPITAL, EFFECTIVE JANUARY 1, 1935, (1936), AND REQUESTED THAT PROVISION BE MADE FOR THE PATIENT'S DEPENDENT WIFE IN ACCORDANCE WITH THE ACT OF FEBRUARY 2, 1909, AND PRESUMABLY THE REGULATIONS PROMULGATED THEREUNDER. A COPY OF THE LETTER IS INCLOSED, TOGETHER WITH COPY OF OUR LETTER OF JANUARY 22, TRANSMITTED THROUGH THE DEPARTMENT, TO MRS. CATHERINE L. MATCHETT, DEPENDENT WIFE OF THE PENSIONER, AND COPY OF MRS. MATCHETT'S REPLY OF JANUARY 28, ADDRESSED TO THE HOSPITAL, STATING THAT HER SITUATION AS DEPENDENT WIFE OF CLARENCE MATCHETT HAS CONTINUED FROM DECEMBER 21, 1923, WHEN SHE WAS FIRST RECOGNIZED AS DEPENDENT WIFE, AND THAT SHE IS NOW MORE IN NEED OF HER PORTION OF THE PENSION THAN EVER.

THE COMPTROLLER GENERAL'S DECISION (NEAR TOP OF PAGE 12) APPEARS TO REFER TO MAINTENANCE OF PENSIONED VETERANS IN SAINT ELIZABETHS HOSPITAL FROM APPROPRIATED FUNDS. A REVIEW OF THE 46 PENSIONERS HERE WHO ARE KNOWN TO HAVE A DEPENDENT PARENT OR WIFE, RECOGNIZED AS SUCH BY THE INTERIOR DEPARTMENT, SHOWS THAT SEVEN WERE HOSPITALIZED BY ORDER OF THE DISTRICT COMMISSIONERS, TWELVE BY ORDER OF THE SECRETARY OF WAR, NINETEEN BY ORDER OF THE SECRETARY OF THE NAVY, THREE BY ORDER OF THE PRESIDENT OF THE BOARD OF MANAGERS OF A NATIONAL HOME (BUREAU OF NATIONAL HOMES), AND FIVE BY ORDER OF THE PRESIDENT OF THE BOARD OF COMMISSIONERS OF THE U.S. SOLDIERS' HOME. IT IS THEREFORE SEEN THAT NONE OF THESE 46 PENSIONERS, WITH A DEPENDENT RELATIVE WHO PREVIOUSLY RECEIVED A SHARE OF THE PENSION, WAS HOSPITALIZED BY AUTHORIZATION OF THE VETERANS' ADMINISTRATION.

THE ARMY, NAVY, AND BUREAU OF NATIONAL HOMES PATIENTS ARE MAINTAINED BY DIRECT FEDERAL APPROPRIATION; BUT THE DISTRICT OF COLUMBIA AND U.S. SOLDIERS' HOME PATIENTS ARE MAINTAINED BY THE DISTRICT OF COLUMBIA AND THE U.S. SOLDIERS' HOME, RESPECTIVELY. UNDER THE PRACTICE PREVAILING PRIOR TO JULY 1, 1933, THE PORTION OF THE PENSION CHARGED OR SET ASIDE AS REIMBURSEMENT FOR BOARD AND MAINTENANCE OF DISTRICT AND SOLDIERS' HOME PENSIONERS WAS DEDUCTED FROM THE RESPECTIVE BOARD BILLS COVERING THESE PATIENTS.

VARIOUS QUESTIONS MAY PROPERLY ARISE BY REASON OF THIS DECISION, BUT THE MOST IMPORTANT WOULD SEEM TO BE WHETHER OR NOT THE REGULATIONS OF MAY 1, 1909, ARE NOW CONSIDERED AS REINSTATED TO FULL FORCE AND EFFECT AND BINDING UPON THE SUPERINTENDENT OF SAINT ELIZABETHS HOSPITAL REGARDING THE RECEIPT AND DISBURSEMENT OF PENSION MONEYS WHEN THE FULL AMOUNT OF THE PENSION IS RECEIVED HERE FROM THE VETERANS' ADMINISTRATION.

IF IT IS CONSIDERED ADVISABLE TO TRANSMIT THIS LETTER TO THE COMPTROLLER GENERAL FOR DECISION, I WOULD SUGGEST THAT HE BE ASKED TO ADVISE THE HOSPITAL IF SUCH FUNDS, WHEN RECEIVED, SHOULD BE DEPOSITED UNDER THE TITLE OF "PENSION MONEY, SAINT ELIZABETHS HOSPITAL, TRUST FUNDS," OR ,PERSONAL FUNDS OF PATIENTS, SAINT ELIZABETHS HOSPITAL, TRUST FUNDS.'

SECTION 4839, REVISED STATUTES, AS AMENDED BY THE ACT OF FEBRUARY 2, 1909 (35 STAT. 592), PROVIDED, IN PART:

* * * DURING THE TIME THAT ANY PENSIONER SHALL BE AN INMATE OF THE GOVERNMENT HOSPITAL FOR THE INSANE, ALL MONEY DUE OR BECOMING DUE UPON HIS OR HER PENSION SHALL BE PAID BY THE PENSION AGENT TO THE SUPERINTENDENT OR DISBURSING AGENT OF THE HOSPITAL, UPON A CERTIFICATE BY SUCH SUPERINTENDENT THAT THE PENSIONER IS AN INMATE OF THE HOSPITAL AND IS LIVING, AND SUCH PENSION MONEY SHALL BE BY SAID SUPERINTENDENT OR DISBURSING AGENT DISBURSED AND USED, UNDER REGULATIONS TO BE PRESCRIBED BY THE SECRETARY OF THE INTERIOR, FOR THE BENEFIT OF THE PENSIONER, AND, IN CASE OF A MALE PENSIONER, HIS WIFE, MINOR CHILDREN, AND DEPENDENT PARENTS, OR, IF A FEMALE PENSIONER, HER MINOR CHILDREN, IF ANY, IN THE ORDER NAMED, AND TO PAY HIS OR HER BOARD AND MAINTENANCE IN THE HOSPITAL, THE REMAINDER OF SUCH PENSION MONEY, IF ANY, TO BE PLACED TO THE CREDIT OF THE PENSIONER AND TO BE PAID TO THE PENSIONER OR THE GUARDIAN OF THE PENSIONER IN THE EVENT OF HIS OR HER DISCHARGE FROM THE HOSPITAL; * * *.

PURSUANT TO THE STATUTE JUST QUOTED, REGULATIONS WERE PROMULGATED UNDER DATE OF MAY 1, 1909, BY THE SECRETARY OF THE INTERIOR, IN PERTINENT PART, AS FOLLOWS:

5. THE PENSION MONEY SHALL BE DISBURSED AND USED FOR THREE GENERAL PURPOSES, IN ORDER AS FOLLOWS:

FIRST. FOR THE BENEFIT OF THE PENSIONER.

SECOND. FOR THE BENEFIT OF RELATIVES ENTITLED UNDER THE LAW.

THIRD. TO REIMBURSE THE HOSPITAL FOR THE PENSIONER'S BOARD AND MAINTENANCE.

6. THERE SHALL BE RESERVED FROM EACH PENSION AN AMOUNT, NOT TO EXCEED ONE -SIXTH THEREOF, TO BE EXPENDED IN THE PURCHASE OF SUCH ARTICLES AS MAY BE REQUIRED FOR THE PENSIONER'S WELFARE AND WHICH ARE NOT PROVIDED FROM THE REGULAR HOSPITAL FUNDS, OR OTHERWISE FOR THE PENSIONER'S BENEFIT. THE REMAINDER, AFTER PAYMENT THEREFROM FOR THE BENEFIT OF RELATIVES, IF ANY, AS HEREINAFTER PROVIDED, SHALL BE CHARGED WITH THE PENSIONER'S BOARD AND MAINTENANCE IN THE HOSPITAL, AND ANY BALANCE THEN REMAINING SHALL BE PLACED TO THE PENSIONER'S CREDIT ON THE BOOKS OF THE HOSPITAL.

7. THE PENSION BEING AT THE RATE OF $12 OR LESS PER MONTH, THE ENTIRE REMAINDER, AFTER RESERVATION FOR THE PENSIONER'S BENEFIT AS PROVIDED IN PARAGRAPH 5, WILL BE PAID, IN THE CASE OF A MALE PENSIONER, TO HIS DEPENDENT WIFE, MINOR CHILDREN, OR PARENTS, IN THE ORDER NAMED; IN THE CASE OF A FEMALE PENSIONER, TO HER DEPENDENT MINOR CHILDREN.

8. THE RATE OF PENSION BEING GREATER THAN $12 BUT NOT EXCEEDING $20 PER MONTH, THE DEPENDENT WIFE, MINOR CHILDREN, OR PARENTS, IN THE ORDER NAMED IN THE CASE OF A MALE PENSIONER, OR THE DEPENDENT MINOR CHILDREN, IN THE CASE OF A FEMALE PENSIONER, SHALL RECEIVE NOT LESS THAN $10 PER MONTH.

9. THE RATE OF PENSION BEING IN EXCESS OF $20 PER MONTH, THE DEPENDENT WIFE, MINOR CHILDREN, OR PARENTS, IN THE ORDER NAMED IN THE CASE OF A MALE PENSIONER, OR THE DEPENDENT MINOR CHILDREN IN THE CASE OF A FEMALE PENSIONER, SHALL RECEIVE AN AMOUNT EQUAL TO ONE-HALF THE ENTIRE PENSION.

10. IF THE WIFE OR MINOR CHILDREN OF A MALE PENSIONER, OR THE MINOR CHILDREN OF A FEMALE PENSIONER, BE NOT IN FACT DEPENDENT UPON THE PENSIONER IN ANY DEGREE FOR A SUPPORT, SHE OR THEY SHALL RECEIVE NO GREATER THAN ONE-HALF THE AMOUNT PAYABLE IN CASE OF HER OR THEIR DEPENDENCE.

11. ANY UNEXPENDED BALANCE OF PENSION MONEY RESERVED FOR THE PENSIONER'S BENEFIT, AND ANY PENSION MONEY TO HIS OR HER CREDIT ON THE BOOKS OF THE HOSPITAL, SHALL BE PAID, IN THE EVENT OF THE PENSIONER'S DISCHARGE FROM THE HOSPITAL, TO THE PENSIONER, OR TO HIS OR HER LAWFUL GUARDIAN, OR IN THE EVENT THAT THE PENSIONER IS RETURNED TO A BRANCH OF THE NATIONAL HOME FOR DISABLED VOLUNTEER SOLDIERS, TO THE TREASURER OF SUCH BRANCH. * * *

WHILE THE STATUTE AND THE REGULATIONS, SUPRA, AUTHORIZE THE SUPERINTENDENT OF ST. ELIZABETHS HOSPITAL TO WITHHOLD CERTAIN PORTIONS OF PENSION MONEYS RECEIVED BY HIM UNDER THE PROVISIONS OF THE ABOVE QUOTED STATUTE, FOR THE PURPOSE OF REIMBURSING THE INSTITUTION FOR BOARD AND MAINTENANCE OF THE DOMICILED OR HOSPITALIZED PENSIONER, IT WOULD NOT APPEAR TO BE WITHIN CONTEMPLATION OF THE STATUTE THAT THERE SHOULD BE ANY SUCH WITHHOLDING OF PENSION MONEYS FOR THE PURPOSES JUST STATED WHERE STATUTORY PROVISION IS OTHERWISE MADE FOR THE PAYMENT OF BOARD AND MAINTENANCE OF SUCH DOMICILED OR HOSPITALIZED PENSIONERS FROM FEDERALLY APPROPRIATED FUNDS OR SPECIAL FUNDS UNDER FEDERAL CONTROL.

IN THIS CONNECTION SEE THE LAST SENTENCE OF THE NEXT TO LAST PARAGRAPH UNDER QUESTION NO. 2 OF DECISION OF DECEMBER 13, 1935 (15 COMP. GEN. 498 (506) (, AS FOLLOWS:

* * * THE SUGGESTION OF YOUR SUBMISSION THAT IF PENSIONS WERE PAID ST. ELIZABETHS HOSPITAL UNDER THE 1909 ACT, THEY MIGHT BE APPLIED TO PAY THE COST OF MAINTENANCE OF THE VETERAN THEREIN, APPEARS TO BE WITHOUT FORCE FOR THE REASON THAT IN THE CASES HERE INVOLVED THE COST OF MAINTENANCE OF THE INSANE PENSIONER IS UNDERSTOOD TO BE BORNE FROM APPROPRIATED MONEYS.

IN THE SEVERAL CLASSES OF PENSIONERS MENTIONED IN THE LETTER OF THE ASSISTANT TO THE SUPERINTENDENT ABOVE QUOTED, IT IS UNDERSTOOD THAT THERE EXIST STATUTORY PROVISIONS FOR PAYMENT OF THEIR BOARD AND MAINTENANCE FROM PUBLIC MONEYS OR SPECIAL FUNDS UNDER FEDERAL CONTROL. SEE, FOR INSTANCE, THE ACT OF JULY 7, 1884 (23 STAT. 213), WITH RESPECT TO PENSIONERS COMMITTED TO ST. ELIZABETHS HOSPITAL BY THE UNITED STATES SOLDIERS' HOME; THE ACT OF MARCH 3, 1877 (19 STAT. 347), AND MARCH 3, 1879 (20 STAT. 395), WITH RESPECT TO INDIGENT PATIENTS ADMITTED FROM THE DISTRICT OF COLUMBIA; ACT OF FEBRUARY 2, 1935 (49 STAT. 17), AND PRIOR ANNUAL APPROPRIATION ACTS WITH RESPECT TO CARE AND TREATMENT OF BENEFICIARIES OF THE VETERANS' ADMINISTRATION, ETC.

WITH RESPECT TO THE FIRST QUESTION, THEREFORE, YOU ARE ADVISED THAT WHERE THE FULL AMOUNT OF THE PENSION IS PAID TO THE SUPERINTENDENT OF ST. ELIZABETHS HOSPITAL UNDER THE APPLICABLE STATUTE, THE REGULATIONS OF MAY 1, 1909, ARE APPLICABLE IN THEIR ENTIRETY ONLY IN THOSE CASES WHERE THERE IS NO STATUTORY PROVISION FOR THE PAYMENT FOR BOARD AND MAINTENANCE OF THE PENSION INMATES OF ST. ELIZABETHS HOSPITAL FROM PUBLIC OR SPECIAL FUNDS UNDER FEDERAL CONTROL; AND THAT WHERE SUCH STATUTORY PROVISIONS DO EXIST THE PROVISIONS OF SAID REGULATIONS REQUIRING THE WITHHOLDING OF A CERTAIN AMOUNT OF THE PENSION MONEYS FOR THE PURPOSE OF REIMBURSING THE INSTITUTION FOR BOARD AND MAINTENANCE ARE NOT APPLICABLE.

PAYMENT OF PENSION OF INMATES OF ST. ELIZABETHS HOSPITAL TO THE SUPERINTENDENT OF THE HOSPITAL UNDER THE TERMS OF SECTION 4839, REVISED BE LIKENED TO PAYMENTS OF PENSION TO THE TREASURERS OF THE FORMER NATIONAL HOMES FOR DISABLED VOLUNTEER SOLDIERS UNDER THE PROVISIONS OF SECTION 2 OF THE ACT OF FEBRUARY 26, 1881 (21 STAT. 350), REENACTED AUGUST 7, 1882 (22 STAT. 322). IT HAS BEEN CONSISTENTLY HELD BY THIS OFFICE THAT PENSION MONEYS PAID TO THE TREASURERS UNDER THE LATTER ACT RETAIN THEIR CHARACTER AS PENSION MONEYS UNTIL ACTUALLY EXPENDED FOR THE BENEFIT OF THE PENSIONER (14 COMP. GEN. 115). SIMILARLY, PENSION MONEYS PAID TO THE SUPERINTENDENT OF ST. ELIZABETHS HOSPITAL UNDER THE APPLICABLE STATUTE RETAIN THEIR CHARACTER AS PENSION MONEYS AS CONTRADISTINGUISHED FROM PERSONAL FUNDS. WITH RESPECT TO YOUR SECOND QUESTION, THEREFORE, YOU ARE ADVISED THAT PENSION MONEYS WHEN RECEIVED BY THE SUPERINTENDENT SHOULD BE DEPOSITED UNDER THE TITLE OF "PENSION MONEY, ST. ELIZABETHS HOSPITAL,TRUST FUND," AND NOT TO "PERSONAL FUNDS OF PATIENTS, ST. ELIZABETHS HOSPITAL, TRUST FUNDS.'

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