[Code of Federal Regulations]
[Title 20, Volume 2]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 20CFR410.213]

[Page 607]
 
                      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	 )--Table of Contents
 
Subpart B_Requirements for Entitlement; Duration of Entitlement; Filing 
                         of Claims and Evidence
 
Sec. 410.213  Duration of entitlement; child.

    (a) An individual is entitled to benefits as a child for each month 
beginning with the first month in which all of the conditions of 
entitlement prescribed in Sec. 410.212 are satisfied.
    (b) The last month for which such individual is entitled to or may 
be paid such benefit is the month before the month in which any one of 
the following events first occurs:
    (1) The child dies;
    (2) The child marries;
    (3) The child attains age 18 and,
    (i) Is not under a disability at that time, and
    (ii) Is not a student (as defined in Sec. 410.370) during any part 
of the month in which he attains age 18;
    (4) If the child's entitlement is based on his status as a student, 
the earlier of:
    (i) The first month during no part of which he is a student, or
    (ii) The month in which he attains age 23 and is not under a 
disability at that time (but see Sec. 410.370(c)(4) for an exception);
    (5) If the child's entitlement is based on disability, the first 
month in no part of which such individual is under a disability;
    (6) A widow's benefit payment, which was ended because of marriage, 
is resumed following termination of such marriage. (See Sec. 
410.211(a)). (In the month before the month in which a widow marries, 
payment of benefits to her ends and non-payment of such benefits 
continues for the duration of the marriage. Thereafter, if her 
remarriage ends, subject to the provisions of Sec. 410.211 her benefit 
payments may be resumed. Should such widow again remarry or die, payment 
of benefits to such child, if he is otherwise entitled, will be resumed 
effective with the month of such remarriage or death. In such event no 
action by or on behalf of such child is required for resumption of 
payment.)
    (c) A child whose entitlement to benefits terminated with the month 
before the month in which he attained age 18, or later, may thereafter 
(provided he is not married) again become entitled to such benefits upon 
filing application for such reentitlement, beginning with the first 
month in which he files such application in or after such termination 
and in which he is a student and has not attained the age of 23.

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