---
kind: "section"
citation: "32 C.F.R. § 536.61"
title: "32"
number: "536.61"
heading: "Advance payments."
url: "https://uscodex.org/cfr/32/536.61"
---

# §536.61. Advance payments.

- (a) This section implements [10 U.S.C. 2736](/usc/10/2736.md) (Act of September 8, 1961 (75 Stat. 488)) as amended by Public Law 90-521 (82 Stat. 874); Public Law 98-564 (90 Stat. 2919); and Public Law 100-465 (102 Stat. 2005)). No new liability is created by [10 U.S.C. 2736](/usc/10/2736.md), which merely permits partial advance payments, only under subparts [C](/cfr/32/subpartC.md), [F](/cfr/32/subpartF.md) or J of this part, on claims not yet filed. See AR 27-20, paragraph 11-18 for information on emergency partial payments in personnel claims, which are not governed by [10 U.S.C. 2736](/usc/10/2736.md).
- (b) The Judge Advocate General (TJAG) and the Assistant Judge Advocate General (TAJAG) may make advance payments in amounts not exceeding $100,000; the Commander USARCS, in amounts not exceeding $25,000, and the authorities designated in §§ [536.786(4)](/cfr/32/536.786.md?p=4) and [(5)](/cfr/32/536.786.md?p=5) and [536.101](/cfr/32/536.101.md), in amounts not exceeding $10,000, subject to advance coordination with USARCS, if the estimated total value of the claim exceeds their monetary authority. Requests for advance payments in excess of $10,000 will be forwarded to USARCS for processing.
- (c) Under [subpart J](/cfr/32/subpartJ.md) of this part, three-member foreign claims commissions may make advance payments under the FCA in amounts not exceeding $10,000, subject to advance coordination with USARCS if the estimated total value of the claim exceeds their monetary authority.
- (d) An advance payment, not exceeding $100,000, is authorized in the limited category of claims or potential claims considered meritorious under subparts [C](/cfr/32/subpartC.md), [F](/cfr/32/subpartF.md) or J of this part, that result in immediate hardship. An advance payment is authorized only under the following circumstances:
  - (1) The claim, or potential claim, must be determined to be cognizable and meritorious under the provisions of subparts C, F or J of this part.
  - (2) An immediate need for food, clothing, shelter, medical or burial expenses, or other necessities exists.
  - (3) The payee, so far as can be determined, would be a proper claimant, including an incapacitated claimant's spouse or next-of-kin.
  - (4) The total damage sustained must exceed the amount of the advance payment.
  - (5) **A properly executed advance payment acceptance agreement has been obtained.** This acceptance agreement must state that it does not constitute an admission of liability by the United States and that the amount paid shall be deducted from any subsequent award.
- (e) There is no statutory authority for making advance payments for claims payable under subparts D or H of this part.

## Notes

### Authority

Authority: 10 U.S.C. 2733; 10 U.S.C. 1089; 10 U.S.C. 1054; 28 U.S.C. 1291, 2401-2402, 2411-2412, 2671-2680; 10 U.S.C. 2737; 32 U.S.C. 715; 10 U.S.C. 2734a, 2734b; 10 U.S.C. 2734; 10 U.S.C. 4801, 4802, 4806; 46 U.S.C. app. 740; 39 U.S.C. 411; 10 U.S.C. 939; 10 U.S.C. 2736; 10 U.S.C. 2735; 10 U.S.C. 2731.

### Source

Source: 71 FR 69360, Nov. 30, 2006, unless otherwise noted.