32 C.F.R. § 536.13 Advance payments.
Title 32 - National Defense
(a) Purpose. This section implements the Act of 8 September 1961 (75 Stat. 488, 10 U.S.C. 2736), as amended by Public Law 90–521 (82 Stat. 874), Public Law 98–564 (98 Stat. 2918) and Public Law 100–456. No new liability is created by 10 U.S.C. 2736, which merely permits partial advance payments on meritorious claims as specified in this section. (b) Conditions for advance payment. An advance payment not in excess of $100,000 is authorized in the limited category of claims resulting in immediate hardship arising from incidents that are payable under the provisions of §§536.20 through 536.35, 536.70 through 536.81, or the FCA (10 U.S.C. 2734). An advance payment is authorized only under the following circumstances: (1) The claim must be determined to be cognizable and meritorious under the provisions of either §§536.20 through 536.35, and 536.70 through 536.81, or the FCA (10 U.S.C. 2734). (2) There exists an immediate need of the person who suffered the injury, damage, or loss, or of the family of a person who was killed, for food, clothing, shelter, medical or burial expenses, or other necessities, and other resources for such expenses are not reasonably available. (3) The payee, so far as can be determined, would be a proper claimant, as is the spouse or next of kin of a claimant who is incapacitated. (4) The total damage sustained must exceed the amount of the advance payment. (5) A properly executed advance payment acceptance agreement has been obtained.
Title 32: National Defense
PART 536—CLAIMS AGAINST THE UNITED STATES
Subpart A—General Provisions
§ 536.13 Advance payments.
