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B-197679 1 (1980-03-31)

handle is hein.gao/gaobadidb0001 and id is 1 raw text is: TH-E COMPTROLLER GENERAL DECISION . . OF THE UNITED STATES WASHINGTON, D. C. 20548 FILE: B-197679 DATE: March 31, 1980 MATTER OF: Lcollection Of Interest On Veterans Administration Benefit Overpayments DIGEST: 1. Distinction between contractual debts and those arising from overpayments of noncon- tractual benefits is not relevant in deter- mining whether it is proper to charge inter- est on debts due the Government, pursuant to Federal Claims Collection Standards. Thus, absent a statute or other rule to the con- trary, Veterans Administration (VA) has authority to charge interest on equitable theory that creditor is entitled to com- pensation for detention of his money with- out regard to manner in which obligation arose. 2. Federal Claims Collection Standards do not mandate procedural requirements to be fol- lowed by agencies in charging interest on delinquent debts. Therefore VA is free to adopt such procedural refinements as it deems appropriate. For example, where debtor could demonstrate that original debt notification was never received, imposition of interest for time between original notification and later set-off against other amounts due debtor by Government would appear to be inequitable. Consequently, it might be desirable to provide by regulation for a second notification. By letter of January 29, 1980, the General Counsel of the Veterans Administrati-on (VA) requested our advice o E implementing section 102.11 of the Federal Claims Collection Standards. That section was recently revised to provide in part: In the absence of a -different rule pre- scribed by statute, contract, or regulation, interest should be charged on delinquent debts and debts being paid in installments in con- formity with the Treasury Fiscal Requirements -04 1119

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