28 C.F.R. § 301.316
Subsequent incarceration of compensation recipient
If a claimant, who has been awarded compensation on a monthly basis, is or becomes incarcerated at any federal, state, or local correctional facility, monthly compensation payments payable to the claimant shall ordinarily be suspended until such time as the claimant is released from the correctional facility.
Notes of Decisions
Cited in 3
cases, 2004–2008 · leading case: McCoy v. Erlewine, 91 F. App'x 156 (D.C. Cir. 2004).
McCoy v. Erlewine, 91 F. App'x 156 (D.C. Cir. 2004). “” 28 C.F.R. § 301.316 . Accordingly, the district court correctly dismissed the complaint without prejudice to appellant’s right to seek compensation after his release from prison.”
Thompson v. Joslin, 536 F. Supp. 2d 799 (S.D. Tex. 2008). “28 C.F.R. § 301.316 . However, there is no such prohibition on the payment of a lump sum.”
Thompson v. Fed. Prisons Indus., Inc., 546 F. Supp. 2d 456 (S.D. Tex. 2008). “See 28 C.F.R. § 301.316 . The policy reasoning behind the prohibition of payments while in custody is that the claimant’s basic living needs, that is, housing, clothing, and meals, are provided by the institution.”
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