
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 38USC8523]

 
                      TITLE 38--VETERANS' BENEFITS
 
            PART VI--ACQUISITION AND DISPOSITION OF PROPERTY
 
     CHAPTER 85--DISPOSITION OF DECEASED VETERANS' PERSONAL PROPERTY
 
        SUBCHAPTER II--DEATH WHILE PATIENT OF DEPARTMENT FACILITY
 
Sec. 8523. Disbursements from the Fund

    Disbursements from the Fund shall be made by the Division of 
Disbursements, Treasury Department, upon the order and within the 
discretion of the Secretary for the benefit of members and patients 
while being supplied care or treatment by the Department in any facility 
or hospital. The authority contained in the preceding sentence is not 
limited to facilities or hospitals under direct administrative control 
of the Department. There shall be paid out of the assets of the decedent 
so far as may be the valid claims of creditors against the decedent's 
estate that would be legally payable therefrom in the absence of this 
subchapter and without the benefit of any exemption statute, and which 
may be presented to the Department within one year from the date of 
death, or within the time, to the person, and in the manner required or 
permitted by the law of the State wherein administration, if any, is had 
upon the estate of the deceased veteran; and also the proper expenses 
and costs of administration, if any. If the decedent's estate is 
insolvent the distribution to creditors shall be in accordance with the 
laws of the decedent's domicile, and the preferences and priorities 
prescribed thereby shall govern, subject to any applicable law of the 
United States.

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1260, Sec. 5223; Pub. L. 99-
576, title VII, Sec. 701(102), Oct. 28, 1986, 100 Stat. 3300; renumbered 
Sec. 8523, Pub. L. 102-40, title IV, Sec. 402(b)(1), May 7, 1991, 105 
Stat. 238; Pub. L. 102-83, Sec. 4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 
1991, 105 Stat. 404, 405.)


                               Amendments

    1991--Pub. L. 102-40 renumbered section 5223 of this title as this 
section.
    Pub. L. 102-83 substituted ``Secretary'' for ``Administrator'' and 
``Department'' for ``Veterans' Administration'' wherever appearing.
    1986--Pub. L. 99-576 substituted ``the decedent's'' for ``his'' in 
two places.

                          Transfer of Functions

    Division of Disbursements of Treasury Department consolidated into 
Fiscal Service of Treasury Department by section 1(a)(1) of Reorg. Plan 
No. III of 1940, eff. June 30, 1940, 5 F.R. 2107, 54 Stat. 1231, set out 
in the Appendix to Title 5, Government Organization and Employees. See 
section 306 of Title 31, Money and Finance.

                  Section Referred to in Other Sections

    This section is referred to in section 8303 of this title.
