§ 783.9 - Miscellaneous.  


Latest version.
  • (a) Any payment or portion thereof due any person under this part shall be allowed without regard to questions of title under State law, and without regard to any claim or lien in favor of any person except agencies of the U.S. Government.

    (b) Persons shall be ineligible to receive or retain assistance under this program if they have:

    (1) Adopted any scheme or device intended to defeat the purpose of this program;

    (2) Made any fraudulent representation; or

    (3) Misrepresented any fact affecting a program determination.

    (c) TAP benefits paid to a person as a result of misrepresentation shall be refunded to FSA with interest and costs of collection. The party engaged in acts prohibited by this part and the party receiving payment and their successors shall be jointly and severally liable for any amount due. The remedies provided to FSA in this part shall be in addition to other civil, criminal, or administrative remedies which may apply.

    (d) Program documents executed by persons legally authorized to represent estates or trusts will be accepted only if such person furnishes evidence of the authority to execute such documents.

    (e) A minor who is an owner that has met all other eligibility criteria shall be eligible for TAP assistance if:

    (1) The minor establishes that the right of majority has been conferred on the minor by court proceedings or by statute; or

    (2) A guardian has been appointed to manage the minor's property and the applicable program documents are executed by the guardian; or

    (3) A bond is furnished under which the surety guarantees any loss incurred for which the minor would be liable had the minor been an adult.

    (f) The regulations regarding reconsideration's and appeals at part 11 of this title and part 780 of this chapter apply to this part.