Laws: Cases and Codes : U.S. Code : Title 25 : Section 873


   
U.S. Code as of: 01/19/04
Section 873. Per capita payments

    (a) Enrollees, next of kin or legatees
      The Secretary shall make per capita payments directly to a living
    enrollee, except as provided in subsection (b) of this section. The
    Secretary shall distribute the share of a person determined to be
    eligible for enrollment but who dies subsequent to May 9, 1958, and
    on whose behalf the application is filed and approved, and the
    share of a deceased enrollee, directly to his next of kin or
    legatee as determined by the laws of the place of domicile of the
    decedent, upon proof of death and inheritance satisfactory to the
    Secretary, whose findings upon such proof shall be final and
    conclusive.
    (b) Minors and persons under legal disability
      Per capita payments due persons under twenty-one years of age or
    persons under legal disability shall be made in accordance with the
    laws of the place of domicile of such person, or in accordance with
    such procedures as the Secretary determines will adequately protect
    the best interests of such persons.
    (c) Payments not subject to debts; tax exemption
      No part of any per capita payment shall be subject to any debt or
    debts, other than to the United States, created prior to May 9,
    1958, by a person of Indian blood, and such per capita payments
    shall not be taxable.



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