§ 8523. Disbursements from the Fund

Statutory text

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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1958
Pub. L. 85–857 · 72 Stat. 1105
Enacted · 38 U.S.C. § 8523
Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1260, § 5223
Source evidence
Code source credit
Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1260, § 5223
1986
Pub. L. 99–576 title VII § 701(102) · 100 Stat. 3248
Substituted · 38 U.S.C. § 8523
Pub. L. 99–576 substituted “the decedent’s” for “his” in two places
Source evidence
Code amendment note
Pub. L. 99–576 substituted “the decedent’s” for “his” in two places.
Enacted provision · exact public law section
(102) Section 5223 is amended by striking out “his” each place it appears and inserting in lieu thereof “the decedent’s”.
1991
Department of Veterans Affairs Health-Care Personnel Act of 1991
Pub. L. 102–40 title IV § 402(b)(1) · 105 Stat. 187
Changed · 38 U.S.C. § 8523
Pub. L. 102–40 renumbered section 5223 of this title as this section
Source evidence
Code amendment note
Pub. L. 102–40 renumbered section 5223 of this title as this section.
Enacted provision · exact public law section
(1) Each section contained in any of chapters 51, 53, 55, 57, 59, 61, 71, 72, 76, 78 (as redesignated by subsection (a)), 81, 83, and 85 is redesignated so that the first two digits of the section number of that section are the same as the chapter number of the chapter containing that section.
1991
Pub. L. 102–83 § 4(a)(3) · 105 Stat. 378
1. Substituted · 38 U.S.C. § 8523
  Pub. L. 102–83 substituted “Secretary” for “Administrator” wherever appearing
2. Substituted · 38 U.S.C. § 8523
  Pub. L. 102–83 substituted “Department” for “Veterans’ Administration” wherever appearing
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 102–83 substituted “Secretary” for “Administrator” and “Department” for “Veterans’ Administration” wherever appearing.
Enacted provision · exact public law section
(3) Such title is further amended by striking out “Veterans’ Administration” each place it appears (other than as amended under paragraphs (1) and (2) and as specified in paragraph (4)) and inserting in lieu thereof “Department”.

4 of 5 references resolved to an enrolled provision · 1 partial

Editorial Notes

Amendments1986–1991 · 2 rounds

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.

Executive Documents

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.

Credits

1958–1991 · 4 acts

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

Show as published

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