[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: 20CFR410.214]

[Page 607-608]
 
                      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. 410.214  Conditions of entitlement; parent, brother, or sister.

    An individual is entitled to benefits if:
    (a) Such individual:
    (1) Is the parent, brother, or sister (see Sec. 410.340) of a 
deceased miner (see Sec. 410.110(j));
    (2) Has filed a claim for benefits in accordance with the provisions 
of Sec. Sec. 410.220 through 410.234;
    (3) Was dependent on the miner at the pertinent time (see Sec. 
410.380); and
    (4) Files proof of support before June 1, 1974, or within 2 years 
after the miner's death, whichever is later, or it is shown to the 
satisfaction of the Administration that there is good cause for failure 
to file such proof within such period (see Sec. 410.216).
    (b) In the case of a brother, he also:
    (1) Is under 18 years of age; or
    (2) Is 18 years of age or older and is under a disability as defined 
in section 223(d) of the Social Security Act, 42 U.S.C. 423(d) (see 
subpart P of part 404 of this chapter), which began:
    (i) Before he attained age 22, however, no entitlement to brother's 
benefits may be established for any month

[[Page 608]]

before January 1973, based on a disability which began after attainment 
of age 18; or
    (ii) In the case of a student, before he ceased to be a student (see 
Sec. 410.370(c)); or
    (3) Is a student (see Sec. 410.370(c)); or
    (4) Is under a disability as defined in section 223(d) of the Social 
Security Act, 42 U.S.C. 423(d) (see subpart P of part 404 of this 
chapter), at the time of the miner's death.
    (c) In addition to the requirements set forth in paragraphs (a) and 
(b) of this section, the deceased miner:
    (1) Was entitled to benefits at the time of his death; or
    (2) Died before January 1, 1974, and his death is determined to have 
been due to pneumoconiosis (see subpart D of this part); or
    (3) 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).
    (d) Notwithstanding the provisions of paragraphs (a), (b), and (c) 
of this section:
    (1) A parent is not entitled to benefits if the deceased miner was 
survived by a widow or child at the time of his death, and
    (2) A brother or sister is not entitled to benefits if the deceased 
miner was survived by a widow, child, or parent at the time of his 
death.

[37 FR 20636, Sept. 30, 1972, as amended at 41 FR 7091, Feb. 17, 1976]