TITLE 20 - EMPLOYEES' BENEFITS

CHAPTER III - SOCIAL SECURITY ADMINISTRATION

PART 410 - FEDERAL COAL MINE HEALTH AND SAFETY ACT OF 1969, TITLE IV - BLACK LUNG BENEFITS (1969- )

subpart b - REQUIREMENTS FOR ENTITLEMENT; DURATION OF ENTITLEMENT; FILING OF CLAIMS AND EVIDENCE

410.212 - Conditions of entitlement; child.

  (a) An individual is entitled to benefits if such individual: (1) Is the child or stepchild (see 410.330) of (i) a deceased miner (see 410.110(j)) or (ii) of the widow of a miner who was entitled to benefits at the time of her death (see 410.210 and 410.211); (2) Has filed a claim for benefits in accordance with the provisions of 410.220 through 410.234; (3) Meets the dependency requirements in 410.370; (4) If a child of a miner, the deceased miner: (i) Was entitled to benefits at the time of his death; or (ii) Died before January 1, 1974, and his death is determined to have been due to pneumoconiosis (see subpart D of this part), or (iii) Died before January 1, 1974, and it is determined that at the time of his death he was totally disabled by pneumoconiosis (see subpart D of this part).

  (b) A child is not entitled to benefits for any month for which a widow of a miner is entitled to benefits, except that (for purposes of entitlement of a child under this section) a widow is deemed not entitled to benefits in months for which she is not paid benefits because she is married (see 410.211). Thus, a child may be entitled to benefits for months wherein such benefits are not payable to the widow because of marriage.

[37 FR 20636, Sept. 30, 1972, as amended at 41 FR 4900, Feb. 3, 1976]