§ 725.222. Conditions of entitlement; parent, brother, or sister.
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/us/cfr/t20/s§ 725.222·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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. [65 FR 80054, Dec. 20, 2000, as amended at 78 FR 59117, Sept. 25, 2013]
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