B-125907, JAN. 6, 1956

B-125907: Jan 6, 1956

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SOWINSKI: REFERENCE IS MADE TO YOUR UNDATED LETTER RECEIVED HERE ON OCTOBER 6. WHO WAS DISCHARGED AS A MENTALLY INCOMPETENT ENLISTED MAN. IN WHICH YOU STATE THAT YOUR SON IS A PATIENT IN THE VETERANS ADMINISTRATION HOSPITAL. WAS DENIED BY LETTER DATED SEPTEMBER 15. OF OUR CLAIMS DIVISION FOR THE REASON THAT YOU DO NOT HAVE THE ACTUAL CARE AND CUSTODY OF YOUR SON. YOU WERE ADVISED IN THE LETTER THAT THE AMOUNT DUE WOULD BE RESERVED FOR PAYMENT TO THE MANAGER OF THE VETERANS ADMINISTRATION HOSPITAL PENDING THE RECEIPT OF A CLAIM FROM THAT OFFICIAL. AS WAS EXPLAINED TO YOU IN THE LETTER OF SEPTEMBER 15. THE RULE IS THAT PAYMENT OF ARREARS OF PAY AND ALLOWANCES MAY BE MADE TO A NEAR RELATIVE OR "NATURAL GUARDIAN" OF AN INCOMPETENT ONLY IF SUCH NEAR RELATIVE OR GUARDIAN HAS THE ACTUAL CARE AND CUSTODY OF THE INCOMPETENT.

B-125907, JAN. 6, 1956

TO MRS. NELLIE V. SOWINSKI:

REFERENCE IS MADE TO YOUR UNDATED LETTER RECEIVED HERE ON OCTOBER 6, 1955, CONCERNING YOUR CLAIM FOR ARREARS OF PAY AND ALLOWANCES DUE YOUR SON, RAYMOND F. FERNANDES, WHO WAS DISCHARGED AS A MENTALLY INCOMPETENT ENLISTED MAN, UNITED STATES AIR FORCE, ON MAY 24, 1955.

YOUR CLAIM, IN WHICH YOU STATE THAT YOUR SON IS A PATIENT IN THE VETERANS ADMINISTRATION HOSPITAL, BROCKTON, MASSACHUSETTS, WAS DENIED BY LETTER DATED SEPTEMBER 15, 1955, OF OUR CLAIMS DIVISION FOR THE REASON THAT YOU DO NOT HAVE THE ACTUAL CARE AND CUSTODY OF YOUR SON. YOU WERE ADVISED IN THE LETTER THAT THE AMOUNT DUE WOULD BE RESERVED FOR PAYMENT TO THE MANAGER OF THE VETERANS ADMINISTRATION HOSPITAL PENDING THE RECEIPT OF A CLAIM FROM THAT OFFICIAL. YOU URGED THAT THE AMOUNT DUE BE PAID TO YOU AS MOTHER AND "NATURAL GUARDIAN" OF YOUR SON.

AS WAS EXPLAINED TO YOU IN THE LETTER OF SEPTEMBER 15, 1955, THE RULE IS THAT PAYMENT OF ARREARS OF PAY AND ALLOWANCES MAY BE MADE TO A NEAR RELATIVE OR "NATURAL GUARDIAN" OF AN INCOMPETENT ONLY IF SUCH NEAR RELATIVE OR GUARDIAN HAS THE ACTUAL CARE AND CUSTODY OF THE INCOMPETENT. THE PRIMARY PURPOSE OF THE RULE IS TO EFFECT PAYMENT IN SUCH A WAY THAT THE AMOUNT OF THE PAYMENT WILL REACH, OR BE USED FOR THE BENEFIT OF, THE INCOMPETENT, AND IN ORDER THAT THE GOVERNMENT MAY ACQUIRE A GOOD AND SUFFICIENT DISCHARGE OF ITS INDEBTEDNESS TO THE INCOMPETENT. ACCORDINGLY, WHILE APPRECIATING YOUR FEELINGS IN THE MATTER, SINCE YOU DO NOT HAVE THE ACTUAL CARE AND CUSTODY OF YOUR SON, PAYMENT OF THE AMOUNT DUE MAY NOT BE MADE TO YOU ON THE BASIS THAT YOU ARE HIS MOTHER AND NATURAL GUARDIAN. SINCE YOU STATE, HOWEVER, THAT YOU ARE PAYING THE VETERANS ADMINISTRATION HOSPITAL $30 A MONTH FOR HIS CARE, FURTHER CONSIDERATION WILL BE GIVEN TO YOUR CLAIM FOR THE AMOUNT DUE UPON RECEIPT OF EVIDENCE FROM YOU SHOWING THAT YOU ARE MAKING SUCH PAYMENTS ON BEHALF OF YOUR SON.