Page:United States Statutes at Large Volume 60 Part 1.djvu/1007

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PUBLIC LAWS-CH. 951-AUG. 10, 1946 49 Stat. o09. Person dying prior to enactment of sec tion. 49 Stat. 624. 42U.S.C. 404. 53 Stat. 1366 . 42 U.S. C. 402(0, (g). Post, p. 987. Appropriation an- thorized. as may be required by paragraph (1) of this subsection. Any pay- ments theretofore certified by the Federal Security Administrator pursuant to subsection (a) to any individual, not exceeding the amount of any accrued pension or compensation payable to him by the Veterans' Administration, shall (notwithstanding the provisions of sec. 3 of the Act of August 12, 1935, as amended (U. S. C., 1940 edition, title 38, sec. 454a)) be deemed to have been paid to him by the Veterans' Administration on account of such accrued pension or com- pensation. No such payment certified by the Federal Security Administrator, and no payment certified by him for any month prior to the first month for which any pension or compensation is paid by the Veterans' Administration, shall be deemed by reason of this sub- section to have been an erroneous payment. "(c) In the event any individual referred to in subsection (a) has died during such three-year period but before the date of the enact- ment of this section- "(1) upon application filed within six months after the date of the enactment of this section, any monthly benefits payable with respect to the wages of such individual (including benefits for months before such date) shall be computed or recomputed and shall be paid in accordance with subsection (a), in the same manner as though such application had been filed in the first. month in which all conditions of entitlement to such benefits, other than the filing of an application were met; " (2) if any individual who upon filing application would have been entitled to benefits or to a recomputation of benefits under paragraph (1) has died before the expiration of six months after the date of the enactment of this section, the application may be filed within the same period by any other individual entitled to benefits with respect to the same wages, and the nonpayment or underpayment to the deceased individual shall be treated as erroneous within the meaning of section 204; "(3) the time within which proof of dependency under section 202 (f) or any application under 202 (g) may be filed shall be not less than six months after the date of the enactment of this section; and "(4) application for a lump-sum death payment or recom- putation, pursuant to this section, of a lump-sum death pay- ment certified by the Board or the Federal Security Adminis- trator, prior to the date of the enactment of this section, for payment with respect to the wages of any such individual may be filed within a period not less than six months from the date of the enactment of this section or a period of two years after the date of the death of any individual specified in subsec- tion (a), whichever is the later, and any additional payment shall be made to the same individual or individuals as though the application were an original application for a lump-sum death payment with respect to such wages. No lump-sum death payment shall be made or recomputed with respect to the wages of an individual if any monthly benefit with respect to his wages is, or upon filing application would be, pay- able for the month in which he died; but except as otherwise specifi- cally provided in this section no payment heretofore made shall be rendered erroneous by the enactment of this section. "(d) There are hereby authorized to be appropriated to the Trust Fund from time to time such sums as may be necessary to meet the additional cost, resulting from this section, of the benefits (includ- ing lump-sum death payments) payable under this title. 980 [60 STAT.