[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.