[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: 20CFR410.370]

[Page 619-620]
 
                      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 C_Relationship and Dependency
 
Sec. 410.370  Determination of dependency; child.

    For purposes of augmenting the benefits of a miner or widow (see 
Sec. 410.510 (c)), the term beneficiary as used in this section means 
only a miner or widow entitled to benefits (see Sec. Sec. 410.201 and 
410.210); or, for purposes of an individual's entitlement to benefits as 
a surviving child (see Sec. 410.212), the term beneficiary as used in 
this section means only a deceased miner (see Sec. 410.200) or a 
deceased widow who was entitled to benefits for the month prior to the 
month of her death (see Sec. Sec. 410.210 and 410.211). An individual 
who is the

[[Page 620]]

beneficiary's child (see Sec. 410.330) will, as applicable, be 
determined to be, or to have been, dependent on the beneficiary, if the 
child:
    (a) Is unmarried; and
    (b)(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). For purposes of entitlement to 
benefits as a surviving child (see Sec. 410.212), such disability must 
have begun:
    (i) Before the child attained age 22; however, no entitlement to 
child's benefits may be established for any month 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 
paragraph (c) of this section); or
    (3) Is 18 years of age or older and is a student.
    (c)(1) The term student means a full-time student as defined in 
section 202(d)(7) of the Social Security Act, 42 U.S.C. 402(d)(7) (see 
Sec. 404.320(c) of this chapter), or an individual under 23 years of 
age who has not completed 4 years of education beyond the high school 
level and who is regularly pursuing a full-time course of study or 
training at an institution which is:
    (i) A school, college, or university operated or directly supported 
by the United States, or by a State or local government or political 
subdivision thereof; or
    (ii) A school, college, or university which has been accredited by a 
State or by a State-recognized or nationally recognized accrediting 
agency or body; or
    (iii) A school, college, or university not so accredited but whose 
credits are accepted, on transfer, by at least three institutions which 
are so accredited, for credit on the same basis as if transferred from 
an institution so accredited; or
    (iv) A technical, trade, vocational, business, or professional 
school accredited or licensed by the Federal, or a State government or 
any political subdivision thereof, providing courses of not less than 3 
months' duration that prepare the student for a livelihood in a trade, 
industry, vocation, or profession.
    (2) A student will be considered to be ``pursuing a full-time course 
of study or training at an institution'' if he is enrolled in a 
noncorrespondence course and is carrying a subject load which is 
considered full time for day students under the institution's standards 
and practices. However, a student will not be considered to be 
``pursuing a full-time course of study or training'' if he is enrolled 
in a course of study or training of less than 13 school weeks' duration. 
A student beginning or ending a full-time course of study or training in 
part of any month will be considered to be pursuing such course for the 
entire month.
    (3) A child is deemed not to have ceased to be a student:
    (i) During any interim between school years, if the interim does not 
exceed 4 months and he shows to the satisfaction of the Administration 
that he has a bona fide intention of continuing to pursue a full-time 
course of study or training during the semester or other enrollment 
period immediately after the interim; or
    (ii) During periods of reasonable duration during which, in the 
judgment of the Administration, he is prevented by factors beyond his 
control from pursuing his education.
    (4) A student who completes 4 years of education beyond the high 
school level, or whose 23rd birthday occurs during a semester or other 
enrollment period in which he is pursuing a full-time course of study or 
training shall continue to be considered a student for as long as he 
otherwise qualifies under this section until the end of such period.

[37 FR 20639, Sept. 30, 1972, as amended at 41 FR 7091, Feb. 17, 1976]