A-27376, JUNE 28, 1929, 8 COMP. GEN. 664

A-27376: Jun 28, 1929

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OF RECOVERY OF OVERPAYMENTS OF VOCATIONAL TRAINING ALLOWANCE IS INEFFECTUAL WITH RESPECT TO ANY AMOUNT ALREADY RECOVERED FROM A BENEFICIARY PRIOR TO THE ACTION OF THE DIRECTOR IN AUTHORIZING THE WAIVER. APPEARS TO HAVE BEEN $183.92. IS WITHOUT FAULT ON HIS PART. IT IS UNDERSTOOD THAT THE DIRECTOR HAS DELEGATED HIS POWER UNDER THIS SECTION TO THE COMMITTEE ON RECOVERIES. ALL OFFICIAL ACTS PERFORMED BY SUCH OFFICERS OR EMPLOYEES SPECIALLY DESIGNATED THEREFOR BY THE DIRECTOR SHALL HAVE THE SAME FORCE AND EFFECT AS THOUGH PERFORMED BY THE DIRECTOR * THE PROVISIONS OF SECTION 28. HAVE BEEN MET. THE WAIVER OF RECOVERY IS VIEWED AS INEFFECTUAL WITH RESPECT TO ANY RECOVERY ACTUALLY MADE PRIOR TO THE ACTION UNDER THE SECTION.

A-27376, JUNE 28, 1929, 8 COMP. GEN. 664

VETERANS' BUREAU - WAIVER OF RECOVERY OF OVERPAYMENTS OF VOCATIONAL TRAINING ALLOWANCE THE WAIVER BY THE DIRECTOR OF THE VETERANS' BUREAU UNDER AUTHORITY OF SECTION 28 OF THE WORLD WAR VETERANS' ACT OF JUNE 7, 1924, 43 STAT. 615, OF RECOVERY OF OVERPAYMENTS OF VOCATIONAL TRAINING ALLOWANCE IS INEFFECTUAL WITH RESPECT TO ANY AMOUNT ALREADY RECOVERED FROM A BENEFICIARY PRIOR TO THE ACTION OF THE DIRECTOR IN AUTHORIZING THE WAIVER, AND SUCH AMOUNT PREVIOUSLY RECOVERED MAY NOT BE REFUNDED.

DECISION BY COMPTROLLER GENERAL MCCARL, JUNE 28, 1929:

THE UNITED STATES VETERANS' BUREAU HAS FORWARDED TO THIS OFFICE FOR SETTLEMENT A CLAIM ADMINISTRATIVELY APPROVED, IN FAVOR OF RAYMOND J. HAGUE FOR $66.92, REPRESENTING AMOUNT DEDUCTED FROM WAR RISK DISABILITY COMPENSATION DURING THE PERIOD FROM JUNE 1, 1924, TO OCTOBER 31, 1924, TO OFFSET, IN PART, AN OVERPAYMENT OF VOCATIONAL TRAINING ALLOWANCE DURING THE PERIOD FROM NOVEMBER 5, 1921, TO APRIL 30, 1923.

THE NET AMOUNT OF THE OVERPAYMENT OF VOCATIONAL TRAINING ALLOWANCE, LESS CERTAIN CANCELED CHECKS, APPEARS TO HAVE BEEN $183.92. ON APRIL 2, 1925, SUBSEQUENT TO THE RECOVERY OF THE AMOUNT HEREIN CLAIMED BY DEDUCTION FROM CURRENT PAYMENTS OF DISABILITY COMPENSATION, THE CENTRAL OFFICE COMMITTEE ON RECOVERIES APPROVED THE WAIVER OF RECOVERY OF THE ENTIRE AMOUNT OF OVERPAYMENT OF VOCATIONAL TRAINING ALLOWANCE UNDER AUTHORITY OF SECTION 28 OF THE ACT OF JUNE 7, 1924, 43 STAT. 615, PROVIDING AS FOLLOWS:

THERE SHALL BE NO RECOVERY OF PAYMENTS FROM ANY BENEFICIARY WHO, IN THE JUDGMENT OF THE DIRECTOR, IS WITHOUT FAULT ON HIS PART, AND WHERE, IN THE JUDGMENT OF THE DIRECTOR, SUCH RECOVERY WOULD DEFEAT THE PURPOSE OF BENEFITS OTHERWISE AUTHORIZED OR WOULD BE AGAINST EQUITY AND GOOD CONSCIENCE.

IT IS UNDERSTOOD THAT THE DIRECTOR HAS DELEGATED HIS POWER UNDER THIS SECTION TO THE COMMITTEE ON RECOVERIES, UNDER AUTHORITY OF SECTION 5 OF THE WORLD WAR VETERANS' ACT OF JUNE 7, 1924, 43 STAT. 608, PROVIDING:

* * * ALL OFFICERS AND EMPLOYEES OF THE BUREAU SHALL PERFORM SUCH DUTIES AS MAY BE ASSIGNED THEM BY THE DIRECTOR. ALL OFFICIAL ACTS PERFORMED BY SUCH OFFICERS OR EMPLOYEES SPECIALLY DESIGNATED THEREFOR BY THE DIRECTOR SHALL HAVE THE SAME FORCE AND EFFECT AS THOUGH PERFORMED BY THE DIRECTOR *

THE PROVISIONS OF SECTION 28, ABOVE QUOTED, DO NOT OPERATE AUTOMATICALLY TO BAR RECOVERY OF OVERPAYMENTS MADE UNDER THE WORLD WAR VETERANS' ACT, BUT SAID SECTION BECOMES OPERATIVE ONLY AFTER THE ACTION OF THE DIRECTOR, OR THOSE DELEGATED TO ACT FOR HIM, IN FINDING THAT THE CONDITIONS PRECEDENT, FIXED BY THE STATUTE AS JUSTIFYING AND AUTHORIZING THE WAIVER, HAVE BEEN MET. HENCE, THE WAIVER OF RECOVERY IS VIEWED AS INEFFECTUAL WITH RESPECT TO ANY RECOVERY ACTUALLY MADE PRIOR TO THE ACTION UNDER THE SECTION. AS THE ENTIRE AMOUNT NOW CLAIMED WAS RECOVERED PRIOR TO THE ACTION OF THE DIRECTOR, THROUGH THE COMMITTEE ON RECOVERIES, IN WAIVING THE RECOVERY, THE CLAIM MUST BE, AND IS, DISALLOWED.