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Code of Federal Regulations Title 20. Employees' Benefits § 20.725.222 Conditions of entitlement;  parent, brother, or sister

Current as of October 02, 2022 | Updated by FindLaw Staff

(a) An individual is eligible for benefits as a surviving parent, brother or sister if all of the following requirements are met:

(1) The individual is the parent, brother, or sister of a deceased miner;

(2) The individual was dependent on the miner at the pertinent time;

(3) Proof of support is filed within 2 years after the miner's death, unless the time is extended for good cause (§ 725.226);

(4) In the case of a brother or sister, such individual also:

(i) Is under 18 years of age;  or

(ii) Is under a disability as defined in section 223(d) of the Social Security Act, 42 U.S.C. 423(d), which began before such individual attained age 22, or in the case of a student, before the student ceased to be a student;  or

(iii) Is a student (see § 725.209(b));  or

(iv) Is under a disability as defined in section 223(d) of the Social Security Act, 42 U.S.C. 423(d), at the time of the miner's death;

(5) The deceased miner:

(i) Is determined to have died due to pneumoconiosis;  or

(ii) Filed a claim for benefits on or after January 1, 1982, which results or resulted in a final award of benefits, and the surviving parent, brother or sister filed a claim for benefits after January 1, 2005 which was pending on or after March 23, 2010.

(b)(1) A parent is not entitled to benefits if the deceased miner was survived by a spouse or child at the time of such miner's death.

(2) A brother or sister is not entitled to benefits if the deceased miner was survived by a spouse, child, or parent at the time of such miner's death.

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Cite this article: FindLaw.com - Code of Federal Regulations Title 20. Employees' Benefits § 20.725.222 Conditions of entitlement;  parent, brother, or sister - last updated October 02, 2022 | https://codes.findlaw.com/cfr/title-20-employees-benefits/cfr-sect-20-725-222/

Read this complete Code of Federal Regulations Title 20. Employees' Benefits § 20.725.222 Conditions of entitlement;  parent, brother, or sister on Westlaw

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