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712e. Same-To illegitimate child.-For an illegitimate child, to whose support the father has been judicially ordered or decreed to contribute, it shall not exceed the amount fixed in the order or decree. Id. 403.

712f. Same-To divorced wife in addition to allotment for wife or child.-If there be an allotment for a wife or child, a former wife divorced and who has not remarried shall be entitled to a compulsory allotment only out of the difference, if any, between the allotment for the wife or child or both and one-half of the pay. Id.

712g. Voluntary allotments, amounts and regulations for.-The enlisted man may allot any proportion or proportions or any fixed amount or amounts of his monthly pay or of the proportion thereof remaining after the compulsory allotment, for such purposes and for the benefit of such person or persons as he may direct, subject, however, to such conditions and limitations as may be prescribed under regulations to be made by the Secretary of War and the Secretary of the Navy, respectively. Sec. 2–202, Id.

FAMILY ALLOWANCES.

712h. Amount.-A family allowance of not exceeding $50 per month shall be granted and paid by the United States upon written application to the bureau by such enlisted man or by or on behalf of any prospective beneficiary, in accordance with and subject to the conditions, limitations, and exceptions hereinafter specified. Sec. 2-204, Id.

(For the section immediately preceding this paragraph see paragraphs 716c, 716d, post.)

712i. Same-Duration of.-The family allowance shall be paid from the time of enlistment to death in or one month after discharge

tion, however, with respect to the rights of the children, and such limitation should not be imposed unless the act plainly requires it. It should be further noted hat the basis of the right to an allotment is essentially one of relationship, and that while he relationship of husband and wife may be terminated by law the relationship of father and child can not.

The enlisted man must make a compulsory allotment for his children in the circumstances stated, unless the allotment is waived or an exemption is granted under section 201 of the act. (Dec. of Dec. 20, 1917, T. D. 9, W. R. Dig. Opin. J. A. G., January, 1918.)

Under the authority conferred by sections 13 and 201 of the act of October 6, 1917, the following regulation is issued relating to exemption from the compulsory allotment for children where they are in custody of divorced wife and no alimony granted for their support, under section 201 of the act of October 6, 1917.

Where an enlisted man is divorced from his wife and in the decree the divorced wife is given custody of the children but no alimony is granted for the support either of the wife or of the children, the enlisted man may, upon application to the bureau, be exempted from the compulsory allotment. The application shall state the name and address of the divorced wife and the names and addresses of the children and shall be supported by evidence showing good cause, including a certified copy of the divorce decree and such other information as the bureau may require.

(Regulation No. 3, Dec. 20, 1917, T. D. 10, W. R. Id.)

from the service, but not for more than one month after the termination of the present war emergency. Id.

712j. Same-Not to begin prior to November 1, 1917.-No family allowance shall be made for any period preceding November first, nineteen hundred and seventeen. Id.

712k. Regulations covering desertion, imprisonment, etc.-The payment shall be subject to such regulations as may be prescribed relative to cases of desertion and imprisonment and of missing men. Id.

7121. Rates of pay to wife and children, class A.-Subject to the conditions, limitations, and exceptions hereinabove and hereinafter specified, the family allowance payable per month shall be as follows: Class A. In the case of a man, to his wife (including a former wife divorced) and to his child or children:

(a) If there be a wife but no child, $15.
(b) If there be a wife and one child, $25.

(c) If there be a wife and two children, $32.50, with $5 per month additional for each additional child.

(d) If there be no wife, but one child, $5.

(e) If there be no wife, but two children, $12.50.

(f) If there be no wife, but three children, $20.

(g) If there be no wife, but four children, $30, with $5 per month additional for each additional child. Id.

712m. Rates of pay to grandchild, parent, brother or sister, Class B.-Class B. In the case of a man or woman, to a grandchild, a parent, brother, or sister:

(a) If there be one parent, $10.

(b) If there be two parents, $20.

(c) For each grandchild, brother, sister, and additional parent, $5. In the case of a woman, to a child or children:

(d) If there be one child, $5.

(e) If there be two children, $12.50.

(f) If there be three children, $20.

(g) If there be four children, $30, with $5 per month additional for each additional child. Id.

712n. Compulsory allotment prerequisite to payment to members of Class A.-Family allowances for members of Class A shall be paid only if and while a compulsory allotment is made to a member or members of such class. Sec. 2-205, Id. 404.

7120. Amount payable to divorced wife.-The monthly family allowance to a former wife divorced shall be payable only out of the difference, if any, between the monthly family allowance to the other members of Class A and the sum of $50, and only then if alimony shall have been decreed to her. Id.

712p. Amount payable to wife living apart under order of court, etc.-For a wife living separate and apart under court order or writ

ten agreement or to a former wife divorced the monthly allowance, -together with the allotment, if any, shall not exceed the amount specified in the court order, decree, or written agreement to be paid to her. Id.

712q. Amount payable to illegitimate child.-For an illegitimate child, to whose support the father has been judicially ordered or decreed to contribute, it shall not exceed the amount fixed in the order or decree. Id.

712r. Conditions prerequisite to payment to members of Class B; emounts. Family allowances to members of Class B shall be granted only if and while the member is dependent in whole or in part on the enlisted man, and then only if and while the enlisted man makes a monthly allotment of his pay for such member or members equal to the amount of the monthly family allowance as hereinabove specified, except that

(a) The maximum monthly allotment so required to be made to members of Class B shall be one-half of his pay.

(b) If he is making no allotment to a member of Class A, the minimum monthly allotment so designated to be made to members of Class B shall be $15 per month.

(c) If he is making the compulsory allotment to a member of Class A, the minimum monthly allotment so designated to be made to members of Class B shall be one-seventh of his pay, but not less than $5 per month.1 Sec. 2-206, Id.

1 By virtue of the authority conferred in section 13 of the act of October 6, 1917, the following regulation is issued relative to the apportionment of the allotment for class B and the family allowance, under section 208 of the act of October 6, 1917.

(1) Rule of apportionment.-Whenever as indicated below an allotment or c family allowance is to be apportioned among the members of class B the apportionment shall be on the basis of two shares for a parent and one share for each brother, sister, or grandchild. The total number of shares divided into the amount of the allotment or of the family allowance, as the case may be, will give the amount of each share.

(2) Apportionment of allotment.-(a) If the enlisted man makes an allotment for class B and designates to whom the same shall be paid the allotment shall be paid as designated by him.

(b) If the enlisted man makes an allotment for class B but does not designate to whom the same shall be paid the allotment shall be apportioned among the named members of class B according to the rule of apportionment above. (3) Apportionment of family allowance.—(a) If the allotment for class B (whether made in a lump sum or otherwise; is suflicient to secure a family allowance for all persons for whom a family allowance is claimed, the total of the family allowance granted shall be apportioned among the named dependents in class B according to the rule of apportionment above.

(b) If the allotment for class B is made in a lump sum and is at least $15 but less than one-half of the enlisted man's monthly pay and is not sufficient to secure the family allowance for all persons for whom a family allowance is claimed, the allotment shall be considered made in the manner most effective for securing family allowances; provided that the sum of the family allowances that may be granted as specified in section 204 does not exceed the total sum allotted, subject, however, to the limitations of section 207. The family allowance granted shall be apportioned among the named dependents in class B according to the rule of apportionment above.

(c) If individual allotments are made for the several members of class B

712s. Same-Exemption from additional allotment under Class B as prerequisite may be granted for cause.-On the enlisted man's application, or otherwise for good cause shown, exemption from this additional allottment under Class B as a condition to the allowance may be granted, upon such conditions as may be prescribed by regulations. Id.

712t. Limitation on amounts payable to members of Class B.The amount of the family allowance to members of Class B shall be subject to each of the following limitations:

If an allowance is paid to one or more beneficiaries of Class A, the total allowance to be paid to the beneficiaries of Class B shall not exceed the difference between the allowance paid to the beneficiaries of Class A and the sum of $50. Sec. 2-207, Id.

712u. Same-Amount of allowance and allotment not to exceed amount of contribution to support of.-The total monthly allowance to beneficiaries of Class B added to the enlisted man's monthly allotment to them shall not exceed the average sum habitually contributed by him to their support monthly during the period of dependency but not exceeding a year immediately preceding his enlistment or the enactment of this amendatory Act.1 Id.

712v. Apportionment of allotments and family allowances between members of Classes A and B.-As between the members of

and the sum of the allotments is at least $15 but less than one-half of the enlisted man's monthly pay and if any of the individual allotments is less than the corresponding family allowance (as specified in sec. 204) for the individual member for whom a family allowance is claimed the total allotment shall be considered made in the manner most effective for securing family allowances; provided that the sum of the total family allowances that may be granted as specified in section 204 does not exceed the total sum allotted, subject, however, to the limitations of section 207. The family allowance granted shall be apportioned among the named dependents in class B according to the rule of apportionment above. (Regulation No. 4, Jan. 29, 1918. T. D. 14 W. R. Dig. Opin. J. A. G., January, 1918.)

By virtue of the authority conferred in sections 13 and 206 of the act of October 6, 1917, the following regulation is issued concerning exemption from the allotment for class B as a condition to the family allowance:

An enlisted man who is making a compulsory allotment for class A shall, as a condition to securing the family allowance for class B, be required to allot for class B one-seventh of his monthly pay, but not less than $5, and shall be automatically exempted, without application, from any further allotment for class B.

(Regulation No. 7, Jan. 14, 1918. T. D. 13 W. R.: Id.)

By virtue of the authority conferred in section 13 of the act of October 6, 1917, the following regulation is issued relative to the amount of the monthly allotment shall be considered as is necessary as a condition to the family in section 207 (b) as to habitual contributions has been exceeded:

In determining whether the total monthly allowance added to the monthly allotment for Class B is in excess of the average sum habitually contributed monthly by the enlisted man to his dependents, only so much of the monthly allotment shall be considered as is necessary as a condition to the family allowance; and any excess allotment over the amount necessary as a condition to the family allowance shall be transmitted to the dependents as an additional contribution by the enlisted man. (Regulation No. 8, Jan. 29, 1918. T. D. 15 W. R. Dig. Opin. J. A. G., January, 1918.)

Class A and as between the members of Class B, the amount of the allotment and family allowance shall be apportioned as may be prescribed by regulations. Sec. 2-208, Id.

712w. Payments of allotments to Treasury Department for distribution, etc.-The War and Navy Departments, respectively, shall pay over to the Treasury Department monthly the entire amount of such allotments for distribution to the beneficiaries, and the allotments and family allowances shall be paid by the bureau to or for the beneficiaries. Sec. 2-209, Id.

712x. Investigations as to allowances and allotments.-Upon receipt of any application for family allowance the commissioner shall make all proper investigations and shall make an award, on the basis of which award the amount of the allotments to be made by the man shall be certified to the War Department or Navy Department, as may be proper. Sec. 2-210, Id.

712y. Same-Modification of award where conditions have changed, etc.-Whenever the commissioner shall have reason to believe that an allowance has been improperly made or that the conditions have changed, he shall investigate or reinvestigate and may modify the award. Id, 405.

By virtue of the authority conferred in section 13 of the war risk insurance act, the following regulation is issued relative to the applicability of the limitation as to habitual contributions in section 207 (b) of the war risk insurance act.

(1) Dependency arising prior to both enlistment and October 6, 1917.-- If the member of class B, for whom an enlisted man makes a monthly allotment in accordance with section 206 and claims a family allowance, became dependent in whole or in part on the enlisted man prior to both enlistment and October 6, 1917, the limitation as to habitual contributions by him monthly may be computed as of the period (not exceeding one year) of dependency immediately preceding his enlistment or immediately preceding October 6, 1917, whichever period the enlisted man prefers.

(2) Dependency arising prior to enlistment or October 6, 1917, but not prior to both. If the member of class B, for whom the enlisted man makes a monthly allotment in accordance with section 206 and claims a family allowance, became dependent in whole or in part on the enlisted man prior to enlistment or prior to October 6, 1917, but not prior to both, the limitation as to habitual contributions in section 207 (b) is applicable, and the average sum habitually contributed by him monthly shall be computed as of the period (not exceeding one year) of dependency immediately preceding his enlistment or immediately preceding October 6, 1917, as the case may be.

(3) Dependency arising subsequent to both enlistment and October 6, 1917.If the member of class B, for whom the enlisted man makes a monthly allotment in accordance with section 206 and claims a family allowance, becomes dependent in whole or in part on the enlisted man subsequent to both enlistment and October 6, 1917, the limitation as to habitual contributions in section 207 (b) is not applicable, and family allowances will be paid without regard to such limitation.

(Regulation of Feb. 8, 1918, T. D. 16 W. R. Dig. Opin. J. A. G., February,

1918.)

By virtue of the authority conferred in section 13 of the war risk insurance act, the following regulation is issued relative to the definition of dependency: For the purposes of the war risk insurance act a person is dependent in whole or in part upon another when he is compelled to rely, and the relatio's between the parties are such that he has a right to rely in whole or in part, on the other for his support. (Regulation of Feb. 23, 1918, T. D. 17, W. R. Id.)

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