§ 9.9. Applicants on behalf of incompetent veterans.
(a) Payment. Consistent with section 5(a) of the act (51 P. S. § 20305(a)), the following individuals shall be eligible for payment of compensation on behalf of eligible incompetent veterans. A veteran shall be considered as an incompetent veteran if he has been so declared by a court of competent jurisdiction. Payments shall be used for the benefit of the incapacitated veteran. Applicants will be considered in the following order:
(1) Court-appointed guardian of the eligible veteran.
(2) The surviving spouse of the eligible veteran unless the spouse was living separate and apart from the veteran at the time the veteran commenced ‘‘active service’’ as defined in section 2 of the act (51 P. S. § 20302). Proof of spousal status shall be the same as would be accepted by the United States Department of Veterans’ Affairs. The spouse shall certify that he was not living separate and apart from the eligible veteran when the veteran commenced active service. The spouse shall certify that there is no court-appointed guardian of the eligible veteran.
(3) The surviving children of the eligible veteran. The children shall certify that there is no court-appointed guardian or eligible spouse as part of the application for the benefit.
(4) The surviving parents of the eligible veteran provided there are no court-appointed guardian, eligible spouse and no eligible children. The parents shall certify that there are no eligible court-appointed guardian, spouse or children as part of the application for the benefit.
(5) The facility, as defined in section 5(c) of the act, providing care and services to the eligible veteran, provided that there are no court-appointed guardian, eligible spouse, children or parents and the facility so certifies. The bonus payment shall be used for clothing and incidental needs of the veteran and may not be used to pay for the maintenance of the veteran in the facility.
(b) Disputes. If the eligibility of an applicant under subsection (a) is disputed, the Department will defer payment of the bonus until the parties resolve the dispute or a court of competent jurisdiction issues an order making a determination on the issue.
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