A-67159, NOVEMBER 25, 1936, 16 COMP. GEN. 522

A-67159, NOVEMBER 25, 1936, 16 COMP. GEN. 522

ST. ELIZABETHS HOSPITAL - PENSIONER INMATES - MONETARY BENEFITS THE ACTS OF FEBRUARY 20, 1905, 33 STAT. 731, AND FEBRUARY 2, 1909, 35 STAT. 592, REMAIN IN FULL FORCE AND EFFECT AS TO HOSPITALIZED OR DOMICILED INSANE VETERANS WHERE THE ADMINISTRATOR OF VETERANS' AFFAIRS DIRECTS THAT FULL PENSION BENEFITS DUE SAID INMATES BE PAID TO THE SUPERINTENDENT OF ST. ELIZABETHS HOSPITAL, EXCEPT THE PROVISION AS TO THE WITHHOLDING OF ANY AMOUNT FROM SAID PENSION MONEYS FOR THE PENSIONER'S BOARD AND MAINTENANCE WHERE PAYMENT THEREFOR IS OTHERWISE PROVIDED FOR BY STATUTE, OR WHERE ONLY THAT PORTION OF THE PENSION INTENDED FOR THE PENSIONER'S PERSONAL BENEFIT IS PAID OVER TO THE SUPERINTENDENT, IN WHICH LATTER EVENT, THE ACT RELATING TO DISTRIBUTION OF PENSION RECEIVED IS NOT FOR APPLICATION EXCEPT AS TO ANY SURPLUS REMAINING AT TIME OF PENSIONER'S DEATH. MATTERS OF DEPENDENCY OF RELATIVES OF PENSIONER INMATES OF ST. ELIZABETHS HOSPITAL, FOR USE IN THE DISBURSEMENT OF PENSION MONEYS PAID OVER TO SAID INSTITUTION UNDER THE ACT OF FEBRUARY 2, 1909, 35 STAT. 592, MAY BE OBTAINED FROM THE VETERANS' ADMINISTRATION, BUT THE FINAL DETERMINATION AS TO THE STATUS OF DEPENDENCY IN SUCH CASES RESTS WITH THE SECRETARY OF THE INTERIOR. THE ADMINISTERING OF THE PROVISIONS OF THE ACT OF FEBRUARY 2, 1909, 35 STAT. 592, REQUIRES THAT CHECKS RECEIVED BY THE SUPERINTENDENT OF ST. ELIZABETHS HOSPITAL FROM THE VETERANS' ADMINISTRATION ON ACCOUNT OF HOSPITALIZED PENSIONERS BEAR IDENTIFYING INFORMATION AS TO THE CLASS OF BENEFIT COVERED. "COMPENSATION" FOR SERVICE-CONNECTED DISABILITIES PAID TO THE SUPERINTENDENT OF ST. ELIZABETHS HOSPITAL IN THE CASE OF WORLD WAR VETERANS HOSPITALIZED IN SAID INSTITUTION, IS "PENSION" WITHIN THE MEANING OF THE ACT OF FEBRUARY 2, 1909, 35 STAT. 592. THE REQUIREMENT IN THE ACT OF FEBRUARY 2, 1909, 35 STAT. 952,"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 * * * TO THE SUPERINTENDENT OR DISBURSING AGENT OF THE HOSPITAL" IS NOT FOR APPLICATION TO COMPETENT INMATES. THE MATTER AS TO WHOM SUCH PAYMENTS ARE TO BE MADE, WHETHER DIRECT TO THE COMPETENTS, OR OTHERWISE, IS ONE FOR ADMINISTRATIVE CONSIDERATION. THE UNEXPENDED PORTIONS OF PENSION MONEYS RECEIVED BY THE SUPERINTENDENT OF ST. ELIZABETHS HOSPITAL IN CONNECTION WITH HOSPITALIZED PENSIONERS AND DEPOSITED TO "PERSONAL FUNDS OF PATIENTS, ST. ELIZABETHS HOSPITAL, TRUST FUND," SHOULD BE TRANSFERRED TO "PENSION MONEY, ST. ELIZABETHS HOSPITAL TRUST FUND.' THE ACTION REQUIRED BY DECISION OF MAY 21, 1936, 15 COMP. GEN. 1015, 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 FUND," " MAY NOT BE FURTHER DEFERRED. THERE IS NO AUTHORITY FOR RETURNING TO THE VETERANS' ADMINISTRATION ANY PORTION OF PENSION OR OTHER FUNDS TO THE CREDIT OF A PENSIONER INMATE OF THE ST. ELIZABETHS HOSPITAL EITHER DURING THE LIFETIME OF THE INMATE OF THE ST. ELIZABETHS HOSPITAL EITHER DURING THE LIFETIME OF THE INMATE OR UPON HIS DEATH, SUCH FUNDS BEING FOR DISPOSITION UNDER THE ACT OF FEBRUARY 2, 1909, 35 STAT. 592, AND REGULATIONS THEREUNDER, EXCEPT TO THE EXTENT THAT OTHER STATUTES ARE FOR APPLICATION, SUCH AS IN THE CASE OF INMATES COMMITTED BY THE UNITED STATES SOLDIERS' HOME, AS TO WHICH THE DISPOSITION IS AS SET FORTH IN 15 COMP. GEN. 61; ID. 498.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF THE INTERIOR, NOVEMBER 25, 1936:

REFERENCE IS HAD TO YOUR LETTER OF SEPTEMBER 22, 1936, PRESENTING FOR CONSIDERATION THE MATTER SET FORTH IN A LETTER DATED AUGUST 27, 1936, TO YOU, BY THE ASSISTANT TO THE SUPERINTENDENT, ST. ELIZABETHS HOSPITAL, AS FOLLOWS:

UNDER DATE OF MAY 21, 1936, THE COMPTROLLER GENERAL, IN REPLY TO YOUR LETTER OF MARCH 21, 1936, TRANSMITTING COPY OF A COMMUNICATION FROM THE HOSPITAL OF FEBRUARY 20, 1936, PERTAINING TO THE METHOD IN WHICH PENSION MONEY SHOULD BE HANDLED AT SAINT ELIZABETHS HOSPITAL, HELD THAT THE ACT OF FEBRUARY 2, 1909, WITH CERTAIN EXCEPTIONS, CONTINUED TO BE RECOGNIZED AS A LAW AND THAT THE REGULATIONS OF THE SECRETARY OF THE INTERIOR OF MAY 1, 1909, AS AMENDED, PROMULGATING AND CONSTRUING CERTAIN FEATURES OF SAID LAW, ARE APPLICABLE TO THE INMATES OF SAINT ELIZABETHS HOSPITAL RECEIVING PENSIONS, WITH CERTAIN NOTED EXCEPTIONS, NAMELY, THAT IN THOSE CASES WHERE THERE IS NO STATUTORY PROVISION FOR THE PAYMENT OF BOARD AND MAINTENANCE FOR THE PENSION INMATES FROM PUBLIC OR SPECIAL FUNDS UNDER FEDERAL CONTROL, AND THAT THE PENSION MAY BE PAID TO COMMITTEES OR GUARDIANS BY THE DIRECTOR OF THE VETERANS' ADMINISTRATION INSTEAD OF, AS UNDER THE LAW, IN ALL CASES THE FULL AMOUNT OF THE PENSION BEING PAID TO THE SUPERINTENDENT. FURTHER, THAT ONLY PART OF THE PENSION MAY BE PAID TO THE SUPERINTENDENT, THE BALANCE BEING RETAINED TO BE PAID DIRECTLY TO THE INDIVIDUAL BENEFICIARIES, COMMITTEES OR GUARDIANS, OR FOR OTHER PURPOSES WITHIN THE DISCRETION OF THE DIRECTOR OF THE VETERANS' ADMINISTRATION.

IN INTERPRETING THE DECISION OF THE COMPTROLLER GENERAL OF MAY 21 WE ARE CONFRONTED WITH OTHER DECISIONS, SUCH AS DECEMBER 13, 1935, A 67159, THE SAME APPEAL NUMBER AS THAT OF MAY 21, 1936, OCTOBER 21, 1933, A-50550, JULY 23, 1935, A-50550, AND MAY 27, 1935, A-59000.

SOME OF THE DIFFERENCES TO BE NOTED ARE: WHAT IS TO BE CONSTRUED AS PENSION? WHAT IS COMPENSATION? WHAT SHOULD BE CARRIED IN PERSONAL FUNDS, AND HOW WOULD THE HOSPITAL HAVE A KNOWLEDGE OF THE BASE OF REMITTANCES? IN THIS CONNECTION IT MIGHT BE EXPLAINED THAT IT WAS FORMERLY THE PRACTICE OF SETTING UP A VOUCHER OR CLAIM CONTAINING THE NAMES OF THE VARIOUS INMATES IN SAINT ELIZABETHS HOSPITAL WHO WOULD BE ENTITLED TO A PENSION AND UNDER WHAT ACT, AND THE OLD PENSION OFFICE, AND LATER THE VETERANS' ADMINISTRATION, SENT ONE CHECK COVERING THE WHOLE LIST. LATER THE VETERANS' ADMINISTRATION, WHILE CONTINUING THIS PRACTICE, SENT INDIVIDUAL CHECKS FOR THE NEW BENEFICIARIES OF THE VETERANS' ADMINISTRATION FOR SUCH ITEMS AS COMPENSATION, INSURANCE, ETC., THESE BEING SENT DIRECT TO THE SUPERINTENDENT AND BEING MADE OUT TO THE ORDER OF SAINT ELIZABETHS HOSPITAL, THE SUPERINTENDENT OF SAINT ELIZABETHS HOSPITAL, OR THE DISBURSING OFFICER. MANY CHECKS, WHERE PATIENTS WERE CONSIDERED COMPETENT FOR THIS PURPOSE ALTHOUGH INMATES OF SAINT ELIZABETHS HOSPITAL, WERE SENT DIRECT TO THE PATIENTS. WHEN THE HOSPITAL AUTHORITIES BECOME AWARE OF THE PATIENTS RECEIVING THESE CHECKS AN EFFORT IS MADE TO HAVE THEM ENDORSE THE SAME, TO BE DEPOSITED IN THE TREASURY OF THE UNITED STATES AND ON THE BOOKS OF THE HOSPITAL TO THEIR PERSONAL CREDIT, FOR THEIR SOLE USE. MANY CASES, AS THE HOSPITAL HAS NO AUTHORITY TO OPEN THE MAIL OF PATIENTS, THESE CHECKS HAVE BEEN RECEIVED BY THE PATIENTS AND TURNED OVER TO RELATIVES OR FRIENDS, OR, IF THE PATIENT HAD CITY PAROLE, DEPOSITED IN SOME FINANCIAL INSTITUTION WITHIN THE CITY. LATELY THE PRACTICE OF SENDING CHECKS TO THE HOSPITAL HAS CHANGED AND INSTEAD OF SENDING ONE CHECK FOR A WHOLE LIST OF PATIENTS, INDIVIDUAL CHECKS FOR EACH PATIENT ON THE LIST, CONTAINING 274 NAMES, ARE NOW SENT TO THE HOSPITAL. THESE CHECKS HAVE NO INFORMATION NOR STATEMENT WRITTEN OR PRINTED THEREON WHICH SHOWS WHAT MAY BE THE BASIS OF SUCH PAYMENTS. THERE IS NO WAY TO DETERMINE WHETHER A CHECK IS IN PAYMENT OF PENSION, WHAT IS KNOWN AS COMPENSATION,INSURANCE, OR CONCURRENT ALLOWANCES, SUCH AS RECEIVED ONLY BY NAVY PATIENTS. UNLESS FURTHER INFORMATION IS GIVEN IT WOULD SEEM TO BE IMPRACTICABLE, IF NOT IMPOSSIBLE, TO COMPLY WITH THE LAW AS DECIDED BY THE COMPTROLLER GENERAL IN DECISIONS MADE OF DEPOSITING PENSIONS WITHIN THE PENSION ACCOUNT AND PERSONAL FUNDS IN THE PERSONAL FUND ACCOUNT.

IN THE DECISION OF JULY 23, 1935, A-50550, THE COMPTROLLER GENERAL HAS STATED THAT FUNDS LEFT TO THEIR CREDIT BY DECEASED INMATES WHO WERE ADMITTED TO THE HOSPITAL UPON THE ORDER OF THE GOVERNOR OF THE U.S. SOLDIERS' HOME, PURSUANT TO THE ACT OF JULY 7, 1884, 23 STAT. 213, SHOULD BE PAID TO THE U.S. SOLDIERS' HOME, WASHINGTON, D.C., FOR DISPOSITION BY SAID HOME, INASMUCH AS UNDER THE LAW HIS EXPENSE AND MAINTENANCE AT THE HOSPITAL WERE REQUIRED TO BE PAID FROM THE SOLDIERS' HOME FUND. PURSUING THIS LINE OF THOUGHT FURTHER, WOULD THAT MEAN THAT ANY INMATE OF THE HOSPITAL WHO WAS A BENEFICIARY OR MEMBER OF THE U.S. SOLDIERS' HOME AT THE TIME OF HIS COMMITMENT, AND ADMITTED UNDER THE ACT NAMED, AND WHO RECEIVES PENSION, THAT A CERTAIN PART OF SAID PENSION SHOULD BE SET ASIDE TO REIMBURSE THE SOLDIERS' HOME FOR THE MAINTENANCE ADVANCED BY SAID HOME; OR DOES IT MEAN ONLY THAT IN CASE OF DEATH, IF SAID INMATE SHOULD LEAVE FUNDS OF THIS CLASS TO HIS CREDIT, NOT SET ASIDE FOR HIS BOARD, THAT SUCH BALANCES SHOULD BE CREDITED TO THE HOME TO REIMBURSE IT FOR ADVANCES FOR MAINTENANCE? PURSUING THIS LINE OF INQUIRY FURTHER, WOULD THE SAME CONDITION APPLY TO INMATES OF THE HOSPITAL COMMITTED BY THE DISTRICT COMMISSIONERS, THE EXPENSE OF WHOSE MAINTENANCE AT THE HOSPITAL WAS PAID FROM THE DISTRICT OF COLUMBIA APPROPRIATION, AND WOULD SIMILAR CONDITION APPLY TO THE BENEFICIARIES OF THE U.S. PUBLIC HEALTH SERVICE OR OTHER SOURCES THAT MAY MAINTAIN THE EXPENSE OF HOSPITALIZATION OF A BENEFICIARY?

THE COMPTROLLER GENERAL, IN HIS DECISION OF JULY 23, 1935, A 50550,STATES THAT THE FUNDS TO THE CREDIT OF CERTAIN NAMED INDIVIDUALS ARE NOT FOR DISPOSITION PURSUANT TO THE PROVISIONS OF THE ACT OF JUNE 30, 1906, 34 STAT. 730, OR FOR RETURNING TO THE VETERANS' ADMINISTRATION, 27 COMP. DEC. 240, BUT ON THE CONTRARY, ARE FOR DISPOSITION UNDER OTHER APPLICABLE STATUTES AS HERETOFORE INDICATED. CONSIDERING THIS LINE OF INQUIRY, IS IT TO BE UNDERSTOOD THAT MONEY RECEIVED BY THE HOSPITAL FROM THE VETERANS' ADMINISTRATION, WHETHER PENSION OR OTHER FUNDS, CANNOT BE RETURNED TO THE VETERANS' ADMINISTRATION, OR DOES THIS APPLY SOLELY TO PENSION FUNDS?

THE HOSPITAL HAS TRANSMITTED TO THE COMPTROLLER GENERAL'S OFFICE CLAIMS SUBMITTED BY DEPENDENT BENEFICIARIES OF INMATES WHO HAVE BEEN DRAWING PENSION, AS FOLLOWS:

CHART

DATE SUBMITTED CLAIMANT AMOUNT 6-24-36 --------------- KATE M. FERRIS --- ------------------ $166.20 6 24-36 --------------- IVA A. CLARK ---------- ------------- 60.00 6 24-36 --------------- CATHERINE L. MATCHETT -------- ------ 75.00 6-24 36 --------------- MRS. NORA T. PERKINS --------------- 168.00 6-24 36 --------------- MRS. NORA T. PERKINS --------------- 120.00 6-24 36 --------------- MRS. ANNIE STORM ------------------- 288.007-7-30 - -------------- MAMIE N. TRUITT -------------------- 168.00

THESE PEOPLE ARE ANXIOUS TO SECURE THIS MONEY, CLAIMING IN SOME CASES THAT THEY ARE IN DIRE NEED OF FUNDS FOR MAINTENANCE. POSSIBLY THE SETTLEMENT OF THESE CLAIMS DEPEND TO SOME EXTENT UPON THE DECISIONS OF THE QUESTIONS TRANSMITTED HEREWITH.

IN ORDER TO HAVE A MORE DEFINITE UNDERSTANDING, SO THAT THE WORK OF THIS OFFICE MIGHT BE EXPEDITED AND COORDINATED WITH THAT OF THE VETERANS' ADMINISTRATION AND THE TREASURY DEPARTMENT, I HAVE THE HONOR TO TRANSMIT A STATEMENT CONTAINING ABOUT SEVEN QUESTIONS AND RESPECTFULLY ASK THAT YOU FORWARD THESE, WITH INCLOSURES, TO THE GENERAL ACCOUNTING OFFICE AND REQUEST THAT THEY GIVE US A DECISION IN REFERENCE THERETO AT THE EARLIEST PRACTICAL DATE. * * *

THE SEVEN CASES LISTED IN THE LETTER, SUPRA, WERE DISPOSED OF IN DECISIONS TO YOU, A-79146, DATED AUGUST 28, 1936, 16 COMP. GEN. 197, AND A -79147, DATED SEPTEMBER 11, 1936. IT IS BELIEVED THAT THESE DECISIONS COVER MANY OF THE POINTS RAISED IN THE ABOVE-QUOTED LETTER. HOWEVER, THERE WILL BE CONSIDERED HERE THE SEVEN QUESTIONS PRESENTED IN THE STATEMENT REFERRED TO IN THE CONCLUDING PARAGRAPH OF THE ABOVE LETTER, AND THE QUESTIONS WILL BE CONSIDERED IN THE ORDER STATED, AS FOLLOWS:

QUESTION NO. 1

THE ACT OF FEBRUARY 2, 1909, 35 STAT. 592, PROVIDED THAT ALL MONEY DUE OR BECOMING DUE UPON THE PENSION OF AN INMATE OF SAINT ELIZABETHS HOSPITAL SHALL BE PAID BY THE PENSION AGENT TO THE SUPERINTENDENT OR DISBURSING AGENT OF SAINT ELIZABETHS HOSPITAL, AND THAT THE DISBURSING AGENT SHALL IN TURN DEPOSIT THESE FUNDS IN THE TREASURY OF THE UNITED STATES, AND DRAW THEREFROM UNDER THE DIRECTION OF THE SUPERINTENDENT, THE MONEY DRAWN TO BE DISBURSED FOR THE BENEFIT OF THE PENSIONER UNDER REGULATIONS PRESCRIBED BY THE SECRETARY OF THE INTERIOR. IN ACCORDANCE WITH THIS ACT, REGULATIONS WERE PRESCRIBED BY THE SECRETARY OF THE INTERIOR UNDER DATE OF MAY 1, 1909, A COPY OF WHICH IS HEREWITH ENCLOSED. FULL FORCE AND EFFECT WERE GIVEN TO THESE REGULATIONS THROUGH JUNE 30, 1933.

THIS PROCEDURE WAS CHANGED, HOWEVER, BEGINNING WITH JULY 1933, WHEN THE ADMINISTRATOR OF VETERANS' AFFAIRS BEGAN SENDING TO SAINT ELIZABETHS HOSPITAL ONLY THE PORTION OF THE PENSION INTENDED FOR THE SOLE USE AND BENEFIT OF THE PENSIONER, USUALLY AT THE RATE OF $6 OR $15 PER MONTH. SPECIFIC CASE WILL HELP TO ILLUSTRATE WHAT HAPPENED PRIOR TO JUNE 30, 1963, AND WHAT HAPPENED AFTER THAT DATE.

PENSION WAS SENT TO SAINT ELIZABETHS HOSPITAL FOR DANIEL W. ALEXANDER, AN INSANE PENSIONER, AT THE RATE OF $60 PER MONTH UP TO AND INCLUDING JUNE 30, 1963, OF WHICH, UNDER THE REGULATIONS PROMULGATED BY THE SECRETARY OF THE INTERIOR, ONLY ONE-SIXTH, OR $10 PER MONTH, WAS RESERVED FOR THE SOLE USE AND BENEFIT OF THE PENSIONER, $30 WAS SENT TO THE DEPENDENT WIFE, AND $20 WAS SET ASIDE FOR BOARD. BEGINNING WITH JULY 1933 ONLY $15 PER MONTH WAS SENT TO THE HOSPITAL FOR DANIEL W. ALEXANDER, ALL OF WHICH WAS INTENDED FOR THE SOLE USE AND BENEFIT OF THE PENSIONER. NOTE THAT THE EFFECT WAS THAT THE PATIENT RECEIVED MORE THAN WAS GRANTED UNDER THE REGULATIONS OF THE SECRETARY OF THE INTERIOR.

CERTAIN PORTIONS OF THE COMPTROLLER GENERAL'S DECISION TO THE ADMINISTRATOR OF VETERANS' AFFAIRS DATED DECEMBER 13, 1935 (A-67159), PARTICULARLY THE LAST PARAGRAPH ON PAGE 4, CONTINUED AT TOP OF PAGE 5, WOULD SEEM TO INDICATE THAT THE ADMINISTRATOR OF VETERANS' AFFAIRS HAS THE RIGHT TO APPORTION PENSIONS TO DEPENDENT RELATIVES AND PENSIONS AT HIS OWN DISCRETION. HOWEVER, IN COMPTROLLER GENERAL'S DECISION TO THE SECRETARY OF THE INTERIOR, DATED MAY 21, 1936 (A-67159), THE PARAGRAPH IN THE MIDDLE OF PAGE 6 WOULD SEEM TO INDICATE THAT THE ACT OF FEBRUARY 2, 1909, 35 STAT. 592, IS STILL IN EFFECT, WITH THE EXCEPTION OF THE PORTIONS WHICH ALLOW THE HOSPITAL TO DEDUCT FROM THE PENSION FOR BOARD AND MAINTENANCE OF THE PENSIONER WHILE AN INMATE OF SAINT ELIZABETHS HOSPITAL. AT THE PRESENT TIME THERE ARE STATUTORY PROVISIONS FOR THE PAYMENT FOR BOARD AND MAINTENANCE OF EVERY INMATE OF SAINT ELIZABETHS HOSPITAL FROM PUBLIC OR SPECIAL FUNDS UNDER FEDERAL CONTROL. IT WOULD SEEM THAT THE PORTION OF THE ABOVE MENTIONED ACT OF FEBRUARY 2, 1909, REQUIRING THAT ALL MONEYS DUE OR BECOMING DUE ON THE PENSION OF AN INSANE INMATE OF SAINT ELIZABETHS HOSPITAL IS NO LONGER EFFECTIVE, HAVING BEEN SUPERSEDED BY VETERANS' REGULATONS NO. 6 (C), WHICH PROVIDE, AMONG OTHER THINGS, THAT THE ADMINISTRATOR OF VETERANS' AFFAIRS MAY EXERCISE HIS DISCRETION AS TO WHAT PORTION, IF ANY, OF AN INMATE'S PENSION SHALL BE SENT TO THE CHIEF OFFICER OF THE INSTITUTION. IF THE ADMINISTRATOR OF VETERANS' AFFAIRS CAN SET ASIDE A PART OF AN ACT, CANNOT HE SET ASIDE THE WHOLE ACT, AND, IF SO, SHOULD NOT THE REGULATIONS BE PROMULGATED BY THE ADMINISTRATOR OF VETERANS' AFFAIRS INSTEAD OF BY THE SECRETARY OF THE INTERIOR?

SINCE THE HOSPITAL IS NO LONGER TO BE ALLOWED TO DEDUCT FROM PENSIONS FOR THE PENSIONER'S BOARD AND MAINTENANCE, IT WILL BE NECESSARY TO HAVE NEW REGULATIONS CONCERNING THE DISPOSITION OF THESE FUNDS ISSUED. THE QUESTION NOW ARISING IS: SHALL REGULATIONS CONCERNING THE DISBURSEMENT OF PENSION MONEY PAID TO THE SUPERINTENDENT OF SAINT ELIZABETHS HOSPITAL BE ISSUED BY THE SECRETARY OF THE INTERIOR, OR IS THE ISSUANCE OF THESE REGULATIONS NOW WITHIN THE PROVINCE OF THE ADMINISTRATOR OF VETERANS' AFFAIRS? IN THIS CONNECTION, IT WOULD BE VERY HELPFUL IF THE HOSPITAL COULD OBTAIN AN ANALYSIS SHOWING WHAT PORTIONS OF THE ACTS OF FEBRUARY 20, 1905, AND OF FEBRUARY 2, 1909, ARE STILL IN FULL FORCE AND EFFECT, AND HOW WILL THE ACT OF AUGUST 12, 1935 (49 STAT. 608), AFFECT THIS.

AS STATED IN DECISION OF DECEMBER 13, 1935, 15 COMP. GEN. 498, IT IS WITHIN THE DISCRETION OF THE ADMINISTRATOR OF VETERANS' AFFAIRS, IN THE CASE OF HOSPITALIZED OR DOMICILED INSANE VETERANS, WHETHER PAYMENT OF PENSION BENEFITS DUE THEM IS TO BE MADE TO THE SUPERINTENDENT OF ST. ELIZABETHS HOSPITAL, OR OTHERWISE. THEREFORE, IT WOULD APPEAR THAT THE ACTS OF FEBRUARY 20, 1905, AND OF FEBRUARY 2, 1909, ARE IN FULL FORCE AND EFFECT AS TO THOSE CASES WHERE THE ADMINISTRATOR OF VETERANS' AFFAIRS, IN THE EXERCISE OF HIS DISCRETION, DIRECTS THAT FULL PENSION BENEFITS DUE THE PARTICULAR INMATES BE PAID TO THE SUPERINTENDENT OF ST. ELIZABETHS HOSPITAL, EXCEPT THAT THE PROVISION RELATING TO THE WITHHOLDING OF ANY AMOUNT FROM PENSION MONEYS FOR THE PENSIONER'S BOARD AND MAINTENANCE COST IS NOT OPERATIVE IN THOSE CASES WHERE PAYMENT THEREFOR FROM PUBLIC OR SPECIAL FUNDS UNDER FEDERAL CONTROL, IS OTHERWISE PROVIDED FOR BY STATUTE- -- A-67159, MAY 21, 1936, 15 COMP. GEN. 1015--- AND EXCEPT, ALSO, WHERE THE VETERANS' ADMINISTRATION PAYS TO THE SUPERINTENDENT ONLY THAT PORTION OF THE VETERAN'S PENSION INTENDED FOR HIS PERSONAL BENEFIT, IN WHICH EVENT THE ACT RELATING TO DISTRIBUTION OF PENSION RECEIVED IS NOT FOR APPLICATION EXCEPT AS TO ANY SURPLUS REMAINING AT TIME OF THE PENSIONER'S DEATH.

THE SITUATION HERE IS NOT ONE WHERE THE ADMINISTRATOR OF VETERANS' AFFAIRS CAN SET ASIDE A PART OF AN ACT AS APPEARS TO HAVE BEEN ASSUMED IN THE LAST SENTENCE OF THE PENULTIMATE PARAGRAPH OF QUESTION NO. 1 ABOVE QUOTED. THE REGULATIONS ALLUDED TO ARE THOSE FIXED IN EXECUTIVE ORDERS ISSUED PURSUANT TO THE PROVISIONS OF TITLE I OF THE ACT OF MARCH 20, 1933, 48 STAT. 8, AND, BY VIRTUE OF SECTION 19 OF SAID ACT, THE REGULATIONS ISSUED BY THE PRESIDENT UNDER THAT TITLE OF THE ACT "WHICH ARE IN EFFECT AT THE EXPIRATION OF TWO YEARS AFTER THE DATE OF ENACTMENT OF THIS ACT SHALL CONTINUE IN EFFECT WITHOUT FURTHER CHANGE OR MODIFICATION UNTIL THE CONGRESS BY LAW SHALL OTHERWISE PROVIDE," THUS GIVING THE REGULATIONS IN QUESTION HERE THE SAME STATUS AS LAW--- SAID REGULATIONS, SO FAR AS HERE APPLICABLE, HAVING BEEN IN EFFECT FOR MORE THAN 2 YEARS AND NOT HAVING BEEN CHANGED OR MODIFIED BY THE CONGRESS. HENCE, THE 1909 ACT MUST BE GIVEN FULL FORCE AND EFFECT EXCEPT TO THE EXTENT IT HAS BEEN LATER MODIFIED, AND SUCH SITUATION, SO FAR AS HERE MATERIAL, WAS COVERED AT SOME LENGTH IN DECISION OF DECEMBER 13, 1935, 15 COMP. GEN. 498.

QUESTION NO. 2

IT IS PRESUMED THAT THE FUNCTION OF DETERMINING THE FACTS OF DEPENDENCE OF RELATIVES OF PENSIONERS WHO ARE INMATES OF SAINT ELIZABETHS HOSPITAL WILL NOW DEVOLVE UPON THE VETERANS' ADMINISTRATION, WHO HAVE ALL THE MACHINERY FOR MAKING THE NECESSARY INVESTIGATIONS, THEIR FINDINGS TO BE SUBMITTED TO THE SECRETARY OF THE INTERIOR FOR HIS APPROVAL. IF SUCH WILL NOT BE THE CASE, WE WOULD LIKE TO BE SO INFORMED.

IN VIEW OF THE PROVISIONS OF THE ACT OF JULY 3, 1930, 46 STAT. 1016, WHICH AUTHORIZED THE PRESIDENT TO TRANSFER THE DUTIES, POWERS, AND FUNCTIONS VESTED BY LAW IN THE BUREAU OF PENSIONS, ETC., INTO AN ESTABLISHMENT DENOMINATED,"VETERANS' ADMINISTRATION"--- WHICH TRANSFER WAS EFFECTUATED BY EXECUTIVE ORDER NO. 5398, DATED JULY 21, 1930--- IT WOULD APPEAR LEGAL AND PROPER FOR YOUR DEPARTMENT TO OBTAIN FACTS IN RESPECT OF DEPENDENCY OF RELATIVES OF PENSIONERS WHO MAY BE INMATES OF ST. ELIZABETHS HOSPITAL FROM THE VETERANS' ADMINISTRATION, BUT THE FINAL DETERMINATION OF THE STATUS OF DEPENDENCY WOULD APPEAR TO REST WITH THE SECRETARY OF THE INTERIOR WHERE THE PENSION PAYMENT OF THE PARTICULAR INMATE COMES WITHIN THE 1909 STATUTE--- SEE ANSWER TO QUESTION NO. 1--- SAID STATUTE, PROVIDING, SO FAR AS APPLICABLE, THAT "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," ETC.

QUESTION NO. 3

AT THE PRESENT TIME, APPROXIMATELY THREE HUNDRED CHECKS ARE RECEIVED EACH MONTH FROM THE VETERANS' ADMINISTRATION. ON PRACTICALLY ALL OF THESE CHECKS, IN THE SPACE DESIGNATED "OBJECT FOR WHICH DRAWN" APPEARS SIMPLY THE WORD "VETERANS.' IF THE HOSPITAL IS TO ACCOUNT FOR THESE FUNDS PROPERLY, IT IS ESSENTIAL THAT ALL CHECKS BE FULLY IDENTIFIED AS TO THE CLASS OF MONEY THEY REPRESENT, SUCH AS PENSION, COMPENSATION, NAVAL CONCURRENT FUNDS, ETC., AS ONLY PENSION FUNDS ARE TO BE ADMINISTERED UNDER THE PROVISIONS OF THE ACT OF FEBRUARY 2, 1909, AND THE REGULATIONS ISSUED THEREUNDER. IN THE ABSENCE OF CLEAR IDENTIFICATION OF THESE FUNDS, IT HAS BEEN THE PRACTICE OF THE HOSPITAL TO ACCOUNT FOR ALL FUNDS RECEIVED FROM THE VETERANS' ADMINISTRATION AS ,PENSION.' WHILE THERE MIGHT BE VERY LITTLE DIFFERENCE IN THE DISPOSITION OF SUCH FUNDS WHILE THE PATIENT IS LIVING, THE FACT THAT THEY WERE CONSIDERED AS "PENSION" INSTEAD OF "PERSONAL FUNDS" MIGHT MAKE A VERY MATERIAL DIFFERENCE IN THEIR DISPOSITION AFTER THE PATIENT'S DEATH.

FOR THE PURPOSE OF ADMINISTERING THE PROVISIONS OF THE 1909 ACT IT IS ESSENTIAL THAT YOUR DEPARTMENT BE FURNISHED WITH PROPER INFORMATION TO IDENTIFY THE CLASS OF BENEFITS COVERED BY ANY PARTICULAR CHECK RECEIVED BY THE SUPERINTENDENT OF ST. ELIZABETHS ON ACCOUNT OF A HOSPITALIZED PENSIONER. AN INDEPENDENT INVESTIGATION WILL BE CONDUCTED BY THIS OFFICE RELATIVE TO THE FEASIBILITY OR PRACTICABILITY OF HAVING THE DIVISION OF DISBURSEMENT, TREASURY DEPARTMENT, INSERT ON THE CLASS OF CHECKS A PROPER LEGEND SHOWING THE PARTICULAR CLASS OF BENEFIT FOR WHICH THE CHECK IS ISSUED, SUCH AS "PENSION," "INSURANCE," "COMPENSATION," ETC., THE LEGEND,"VETERANS," NOT APPEARING TO BE SUFFICIENTLY DESCRIPTIVE OR ADEQUATE. IN THE MEANTIME IT WOULD APPEAR PROPER FOR YOUR DEPARTMENT TO CALL UPON THE VETERANS' ADMINISTRATION FOR INFORMATION SHOWING, IN EACH SUCH CASE, THE CLASS OF BENEFIT TO WHICH THE HOSPITALIZED BENEFICIARY IS ENTITLED.

THERE IS NOTED THE STATEMENT MADE THAT "ONLY PENSION FUNDS ARE TO BE ADMINISTERED UNDER THE PROVISIONS OF THE ACT OF FEBRUARY 2, 1909, AND THE REGULATIONS ISSUED THEREUNDER.' IN THIS CONNECTION YOUR ATTENTION IS INVITED TO THE ANSWER TO QUESTION NO. 4 IN THE DECISION OF DECEMBER 13, 1935, 15 COMP. GEN. 498, 507, HOLDING THAT "COMPENSATION" IS PENSION WITHIN THE MEANING OF THE ACTS OF JULY 1, 1902, 32 STAT. 546, AND JUNE 25, 1910, 36 STAT. 736. WHAT WAS SAID IN THAT DECISION WITH RESPECT TO SAID ACTS WOULD SEEM TO APPLY WITH EQUAL FORCE TO COMPENSATION PAYMENTS MADE TO THE SUPERINTENDENT OF SAINT ELIZABETHS HOSPITAL AS TO INMATES COMING WITHIN THE PURVIEW OF THE 1909 ACT.

QUESTION NO. 4

IN THE CASE OF CERTAIN PENSIONERS WHO ARE INMATES OF SAINT ELIZABETHS AND ARE CONSIDERED COMPETENT BY THE VETERANS' ADMINISTRATION, PENSION CHECKS ARE SENT TO THEM DIRECTLY, AND ARE THEN ENDORSED BY THE PENSIONERS FOR DEPOSIT THROUGH THE FINANCIAL OFFICE OF THE HOSPITAL INTO THE UNITED STATES TREASURY. SHALL THESE FUNDS, WHEN RECEIVED, BE CONSIDERED AS PENSION FUNDS OR PERSONAL FUNDS? IN THIS CONNECTION, SEE 4 COMP. GEN. 311.

EXCEPT, POSSIBLY, IN THE CASE OF PRIVATE PATIENTS ADMITTED INTO SAINT ELIZABETHS HOSPITAL UNDER THE PROVISIONS OF SECTIONS 4853 AND 4854, REVISED STATUTES (24 U.S.C. 204), IT IS NOT UNDERSTOOD UNDER WHAT AUTHORITY COMPETENT VETERANS ARE ADMITTED INTO THE HOSPITAL--- PARTICULARLY HAVING IN VIEW THE PURPOSE FOR WHICH THE HOSPITAL WAS ESTABLISHED. SEE SECTION 4838, REVISED STATUTES, AS AMENDED BY THE ACT OF JULY 1, 1916, 39 STAT. 309 (24 U.S.C. 161). HOWEVER, ASSUMING THAT THE VETERANS EMBRACED UNDER THIS QUESTION, I.E., COMPETENT VETERANS, HAVE BEEN PROPERLY ADMITTED INTO THE HOSPITAL, IT IS NOT UNDERSTOOD HOW PENSION CHECKS WHICH, IT IS STATED, ARE SENT TO THEM DIRECTLY MAY BE CONSIDERED "MONEYS RECEIVED BY THE SUPERINTENDENT" OR "FUNDS WHICH MAY BE INTRUSTED TO THE LATTER" FOR WHICH THE SUPERINTENDENT IS REQUIRED TO KEEP AN ACCOUNTING WITHIN THE MEANING OF THE 1909 ACT. THE REQUIREMENT OF THE 1909 ACT THAT "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 * * * TO THE SUPERINTENDENT OR DISBURSING AGENT OF THE HOSPITAL" WOULD APPEAR TO APPLY TO INSANE INMATES AND NOT TO COMPETENT INMATES. SHOULD, FOR SOUND ADMINISTRATIVE REASONS, IT BE DEEMED ADVISABLE TO HAVE CHECKS OF THIS CLASS SENT DIRECT TO THE SUPERINTENDENT (I.E., IN HIS CARE) RATHER THAN DIRECT TO THE PAYEES, THE MATTER WOULD APPEAR ONE FOR TAKING UP BY YOUR DEPARTMENT WITH THE VETERANS' ADMINISTRATION FOR CONSIDERATION AND ACTION.

QUESTION NO. 5

IN THE COMPTROLLER GENERAL'S DECISION TO THE SECRETARY OF THE INTERIOR, DATED MAY 21, 1936 (A-67159), IT IS STATED ON PAGE 7 THAT PENSION MONEYS WHEN RECEIVED BY THE SUPERINTENDENT SHOULD BE DEPOSITED UNDER THE TITLE OF PENSION MONEY, SAINT ELIZABETHS HOSPITAL, TRUST FUND, AND NOT TO PERSONAL FUNDS OF PATIENTS, SAINT ELIZABETHS HOSPITAL, TRUST FUND, AS HAS BEEN THE CUSTOM SINCE JULY 1933 UNDER AUTHORITY OF THE COMPTROLLER GENERAL'S DECISION TO THE SECRETARY OF THE INTERIOR, DATED OCTOBER 21, 1933 (A- 50550).

IN THE INTERESTS OF UNIFORMITY OF ACCOUNTING, IT WOULD SEEM ADVISABLE TO TRANSFER UNEXPENDED PORTIONS OF PENSION RECEIPTS NOW CARRIED IN PERSONAL FUNDS OF PATIENTS, SAINT ELIZABETHS HOSPITAL, TRUST FUND, FROM THAT ACCOUNT TO PENSION MONEY, SAINT ELIZABETHS HOSPITAL, TRUST FUND. IF THIS WERE TO BE DONE, IT WOULD BE NECESSARY TO OBTAIN VERY PROMPT ACTION ON A REQUEST FOR A TRANSFER OF THESE FUNDS, AS RECEIPTS AND DISBURSEMENTS UNDER THESE ACCOUNTS ARE OCCURRING DAILY.

IN DECISION A-50550, DATED OCTOBER 21, 1933, THERE WAS CONSIDERED THE MATTER OF ACCOUNTING IN CONNECTION WITH THOSE CASES WHERE, BECAUSE OF CHANGED PROCEDURE IN THE VETERANS' ADMINISTRATION, SAID ADMINISTRATION BEGAN, IN JULY 1933, SENDING TO SAINT ELIZABETHS HOSPITAL ONLY THE PORTION OF THE PENSION INTENDED FOR THE SOLE USE AND BENEFIT OF THE PENSIONER AND THE DIRECTION IN SAID DECISION WAS THAT SUCH FUNDS WERE TO BE ACCOUNTED FOR AS PERSONAL FUNDS OF PATIENTS. HOWEVER, IN THIS CONNECTION THE FOLLOWING WAS SAID IN DECISION TO YOU OF AUGUST 28, 1936, A-79146, 16 COMP. GEN. 197:

THAT DECISION RELATES SOLELY TO THE MATTER OF ACCOUNTING AND IS IN NOWISE TO BE CONSTRUED AS BEING DETERMINATIVE OF THE RIGHTS OF CLAIMANTS TO THE MONEY IN SAID FUND. IN VIEW OF SUBSEQUENT VETERANS' LEGISLATION AND CHANGES IN VETERANS' REGULATIONS, AS SHOWN, INFRA, THE DIRECTION CONTAINED IN THE ABOVE DECISION WITH RESPECT TO THE MATTER OF ACCOUNTING FOR THE FUNDS IN QUESTION IS NOT NOW NECESSARILY FOR FOLLOWING. THERE IS FOR NOTING, TOO, THE FACT THAT THE RATE OF PENSION HERE IS $60 PER MONTH, AND THE DECISION, SUPRA, WOULD APPEAR TO BE NO AUTHORITY FOR DEPOSITING THE ENTIRE AMOUNT IN THE PERSONAL FUND OF THE PATIENT.

IT IS PRESUMED THAT PENSION MONEYS PAID TO THE SUPERINTENDENT OF ST. ELIZABETHS HOSPITAL ARE NOW BEING DEPOSITED AS DIRECTED IN THE LAST SENTENCE OF THE ABOVE QUOTE.

THE LAST SENTENCE OF THE ABOVE-QUOTE ALLUDED TO, SUPRA, HAS REFERENCE TO THE DIRECTION CONTAINED IN THE DECISION OF MAY 21, 1936, 15 COMP. GEN. 1015, THAT:

* * * 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.'

ACCORDINGLY, THE UNEXPENDED PORTIONS OF PENSION RECEIPTS NOW CARRIED IN PERSONAL FUNDS OF PATIENTS, SAINT ELIZABETHS HOSPITAL, TRUST FUND, APPEARS PROPERLY FOR TRANSFERRING THEREFROM TO PENSION MONEY, SAINT ELIZABETHS HOSPITAL, TRUST FUND. SUCH TRANSFER WILL BE EFFECTED BY THIS OFFICE PROMPTLY UPON PROPER REQUEST THEREFOR.

QUESTION NO. 6

IT IS RESPECTFULLY REQUESTED THAT THE NECESSITY OF COMPLIANCE WITH THAT PORTION OF THE COMPTROLLER GENERAL'S DECISION OF MAY 21, 1936 (A 67159), WHICH REQUIRES THAT PENSION MONEYS WHEN RECEIVED BY THE SUPERINTENDENT SHOULD BE DEPOSITED UNDER THE TITLE OF PENSION MONEY, SAINT ELIZABETHS HOSPITAL, BE TEMPORARILY WITHHELD UNTIL THE ENTIRE QUESTION OF THESE FUNDS IS ENTIRELY SETTLED.

IN VIEW OF THE DECISION TO YOU OF AUGUST 28, 1936, SUPRA, AND OF THE DECISION HEREIN, WHICH APPEAR TO SETTLE THE QUESTIONS RAISED IN RESPECT OF THE STATUS OF THE INVOLVED FUNDS, NO REASON IS PERCEIVED FOR DEFERRING THE ACTION REQUIRED IN THE DECISION OF MAY 21, 1936, TO YOU.

QUESTION NO. 7

IN THIS CONNECTION THE FOLLOWING QUESTION ALSO ARISES. SHOULD PENSION OR OTHER FUNDS RECEIVED FROM THE VETERANS' ADMINISTRATION BY SAINT ELIZABETHS HOSPITAL BE RETURNED TO THEM AT THEIR REQUEST DURING THE LIFE OF THE PENSIONER? ALSO, SHOULD FUNDS OF THIS NATURE BE RETURNED TO THE VETERANS' ADMINISTRATION AT THEIR REQUEST AFTER THE PATIENT'S DEATH? REQUESTS OF THIS NATURE BOTH DURING THE LIFE AND AFTER THE DEATH OF THE PENSIONER ARE RECEIVED BY THE HOSPITAL OCCASIONALLY AND IT IS DESIRABLE TO KNOW WHAT ACTION IS PERMISSIBLE UNDER THE CIRCUMSTANCES.

UNDER SECTION 23 (2) OF THE WAR RISK INSURANCE ACT, AS AMENDED, 42 STAT. 1374, IT WAS PROVIDED, IN THE CASE OF PAYMENTS TO OFFICERS IN CHARGE OF INSTITUTIONS IN WHICH COMPENSABLE VETERANS WERE INMATES, THAT:

* * * ALL FUNDS SO HELD SHALL BE DISBURSED UNDER THE ORDER OF THE DIRECTOR AND SUBJECT TO HIS DISCRETION EITHER TO THE CHIEF EXECUTIVE OFFICER OF THE ASYLUM OR HOSPITAL IN WHICH SUCH PERSON IS AN INMATE, TO BE USED BY SUCH OFFICER FOR THE MAINTENANCE AND COMFORT OF SUCH INMATE, SUBJECT TO THE DUTY TO ACCOUNT TO THE UNITED STATES VETERANS' BUREAU AND TO REPAY ANY SURPLUS AT ANY TIME REMAINING IN HIS HANDS IN ACCORDANCE WITH REGULATIONS TO BE PRESCRIBED BY THE DIRECTOR; * * *. HOWEVER, THE WORLD WAR VETERANS' ACT OF JUNE 7, 1924, 43 STAT. 607, SECTION 601 OF WHICH REPEALED THE WAR RISK INSURANCE ACT, AS AMENDED, WHILE PROVIDING UNDER SECTION 202 (7) THEREOF (44 STAT. 795) FOR THE PAYMENT OF COMPENSATION TO THE CHIEF OFFICER OF AN INSTITUTION IN WHICH AN INSANE VETERAN WAS HOSPITALIZED, CONTAINED NO SPECIFIC DIRECTION THAT ANY "SURPLUS" AT THE INSTITUTION WAS TO BE RETURNED TO THE VETERANS' ADMINISTRATION. NEITHER DO THE PROVISIONS OF VETERANS'S REGULATIONS, NO. 6 SERIES, ISSUED PURSUANT TO TITLE I OF THE ACT OF MARCH 20, 1933, 48 STAT. 8, APPEAR TO CONTAIN ANY SPECIFIC DIRECTION THAT ANY "SURPLUS" TO THE ACCOUNT OF THE INSANE VETERAN AT THE INSTITUTION BE RETURNED TO THE VETERANS' ADMINISTRATION--- THE ONLY SPECIFIC REQUIREMENT, APPARENTLY, BEING THAT PAYMENTS OF BENEFITS TO THE CHIEF OFFICER IN THE CASE OF INSANE VETERANS ARE "TO BE PROPERLY ACCOUNTED FOR BY SAID CHIEF OFFICER AND TO BE USED FOR THE BENEFIT OF SUCH DISABLED VETERAN.'

WITH RESPECT TO INMATES PROPERLY COMING WITHIN THE PURVIEW OF 1909 ACT, THEREFORE, THERE APPEARS NO AUTHORITY--- AND NONE HAS BEEN CITED- - FOR RETURNING TO THE VETERANS' ADMINISTRATION ANY PORTION OF PENSION OR OTHER FUNDS TO THE CREDIT OF THE INMATE AT THE INSTITUTION EITHER DURING THE LIFETIME OF THE INMATE OR UPON HIS DEATH--- THE DISPOSITION OF SUCH FUNDS APPEARING FOR ADMINISTERING UNDER THE 1909 ACT AND APPLICABLE REGULATIONS ISSUED THEREUNDER--- EXCEPT, OF COURSE, TO THE EXTENT THAT OTHER STATUTES ARE FOR APPLICATION SUCH AS IN THE CASE OF INMATES COMMITTED TO SAINT ELIZABETHS HOSPITAL BY UNITED STATES SOLDIERS' HOME. IN THIS CONNECTION, SEE DECISION OF JULY 23, 1935, A 50550, 15 COMP. GEN. 61, WITH RESPECT TO THE COMMITTING OF AN INMATE PENSIONER BY THE UNITED STATES SOLDIERS' HOME TO SAINT ELIZABETHS HOSPITAL; ALSO TO THAT PART OF THE ANSWER TO QUESTION 1 IN DECISION OF DECEMBER 13, 1935, 15 COMP. GEN. 498, 504, AS FOLLOWS:

THERE IS SEEN NO POSSIBLE DIFFICULTY IN THE DISPOSITION OF PENSION MONEYS WHETHER PAID TO A GUARDIAN, WHEN ONE IS APPOINTED, OR WHETHER PART IS PAID TO THE CHIEF OFFICER OF THE INSTITUTION AND THE BALANCE CREDITED TO "FUNDS DUE INCOMPETENT BENEFICIARIES," WHERE NO APPORTIONMENT IS MADE TO DEPENDENTS--- IN THE FORMER CASE THE MONEYS BEING FOR PAYING OVER TO THE PERSONAL REPRESENTATIVE, OR IN THE CASE OF ESCHEAT TO THE STATE, BEING FOR CREDITING TO THE APPROPRIATION, WHILE IN THE LATTER CASE THE PENSION MONEYS BEING FOR DISPOSITION UNDER THE 1902 AND 1910 ACTS, AS THE CASE MIGHT BE.

WHAT WAS SAID IN THE DECISION, SUPRA, WITH RESPECT TO THE 1902 AND 1910 ACTS WOULD APPEAR TO APPLY WITH EQUAL FORCE TO CASES COMING WITHIN THE PURVIEW OF THE 1909 ACT.

OF COURSE, IT IS TO BE UNDERSTOOD IN CONNECTION WITH THIS ANSWER THAT A REFUND MAY AND SHOULD BE MADE TO THE VETERANS' ADMINISTRATION FOR ANY OVERPAYMENT DISCLOSED TO HAVE BEEN MADE BY SAID ADMINISTRATION ON THE INMATE'S ACCOUNT.