§ 725.222 - Conditions of entitlement; parent, brother, or sister.

Copy with citation

Copy as parenthetical citation

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

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

The individual was dependent on the miner at the pertinent time;

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

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

Is under 18 years of age; or

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

Is a student (see § 725.209(b)); or

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;

The deceased miner:

Is determined to have died due to pneumoconiosis; or

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.

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.

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.

Previous Section

§ 725.221 - Determination of dependency; child.

Next Section

§ 725.223 - Duration of entitlement; parent, brother, or sister.