[Code of Federal Regulations]
[Title 28, Volume 1]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 28CFR32.6]

[Page 500]
 
                    TITLE 28--JUDICIAL ADMINISTRATION
 
                    CHAPTER I--DEPARTMENT OF JUSTICE
 
PART 32_PUBLIC SAFETY OFFICERS' DEATH, DISABILITY, AND EDUCATIONAL ASSISTANCE 
 
                      Subpart A_General Provisions
 
Sec. 32.6  Payment and repayment.

    (a) No payment shall be made to (or on behalf of) more than one 
individual, on the basis of being a particular public safety officer's 
spouse.
    (b) No payment shall be made, save--
    (1) To (or on behalf of) a living payee; and
    (2) Pursuant to--
    (i) A claim filed by (or on behalf of) such payee; and
    (ii) Except as provided in the Act, at 42 U.S.C. 3796(c), approval 
of such claim.
    (c) Any amounts that would be paid but for the provisions of 
paragraph (b) of this section shall be retained by the United States and 
not paid.
    (d) With respect to the amount paid to a payee (or on his behalf) 
pursuant to a claim, the payee shall repay the following, unless, for 
good cause shown, the Director grants a full or partial waiver pursuant 
to the Act, at 42 U.S.C. 3796(m):
    (1) The entire amount, if approval of the claim was based, in whole 
or in material part, on the payee's (or any other person's or entity's) 
fraud, concealment or withholding of evidence or information, false or 
inaccurate statements, mistake, wrongdoing, or deception; or
    (2) The entire amount subject to divestment, if the payee's 
entitlement to such payment is divested, in whole or in part, such as by 
the subsequent discovery of individuals entitled to make equal or 
superior claims.
    (e) At the discretion of the Director, repayment of amounts owing or 
collectable under the Act or this part may, as applicable, be executed 
through setoffs against future payments on financial claims under 
subpart D of this part.