Make advance payments only where all of the following exist:
- (a) The potential claimant could file a valid claim for property damage or personal injury under the Military Claims, Foreign Claims, or National Guard Claims Acts.
- (b) The potential claimant has an immediate need amounting to a hardship for food, shelter, medical or burial expenses, or other necessities. In the case of a commercial enterprise, severe financial loss or bankruptcy will result if the Air Force does not make an advance payment.
- (c) Other resources for such needs are not reasonably available.
- (d) The potential claim equals or exceeds the amount of the advance payment.
- (e) The recipient signs as advance payment agreement.
[55 FR 2809, Jan. 29, 1990. Redesignated and amended at 81 FR 83701, Nov. 22, 2016]