§ 30.143 - Are there any categories of claims that will not be allowed?  


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  • § 30.143 Are there any categories of claims that will not be allowed?

    (a) Claims for care will not be allowed except upon clear and convincing evidence that the care was given on a promise of compensation and that compensation was expected.

    (b) A claim will not be allowed if it:

    (1) Has existed for such a period as to be barred by the applicable statute of limitations at the date of decedent's death;

    (2) Is a tort claim that has not been reduced to judgment in a court of competent jurisdiction;

    (3) Is unliquidated; or

    (4) Is from a government entity and relates to payments for:

    (i) General assistance, welfare, unemployment compensation or similar benefits; or

    (ii) Social Security Administration supplemental security income or old-age, disability, or survivor benefits.

    [73 FR 67289, Nov. 13, 2008, as amended at 76 FR 7507, Feb. 10, 2011]