[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: 20CFR410.390]

[Page 621]
 
                      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. 410.390  Time of determinations.

    (a) Relationship and dependency of wife or child. With respect to 
the wife or child of a miner entitled to benefits, and with respect to 
the child of a widow entitled to benefits, the determination as to 
whether an individual purporting to be a wife or child is related to or 
dependent upon such miner or widow shall be based on the facts and 
circumstances with respect to the period of time as to which such issue 
of relationship or dependency is material. (See, for example, Sec. 
410.510(c).)
    (b) Relationship and dependency of widow. The determination as to 
whether an individual purporting to be the widow of a miner was related 
to or dependent upon such miner is made after such individual 
effectively files a claim for benefits (see Sec. 410.227) as a widow. 
Such determination is based on the facts and circumstances with respect 
to the time of the miner's death (except as provided in Sec. 
410.320(d)). A prior determination that such individual was determined 
to be, or not to be, the wife of such miner, pursuant to Sec. Sec. 
410.310 and 410.350, for purposes of augmenting the miner's benefits for 
a certain period (see Sec. 410.510(c)), is not determinative of the 
issue of whether the individual is the widow of such miner or of whether 
she was dependent on such miner.
    (c) Relationship and dependency of surviving divorced wife. The 
determination as to whether an individual purporting to be a surviving 
divorced wife of a miner was related to or dependent upon such miner is 
made when such individual effectively files a claim for benefits (see 
Sec. 410.227) as a surviving divorced wife. Such determination is made 
with respect to the time of the miner's death. A prior determination 
that such individual was, or was not, the divorced wife of such miner, 
pursuant to Sec. Sec. 410.311 and 410.351, for purposes of augmenting 
the miner's benefits for a certain period (see Sec. 410.510(c)), is not 
determinative of the issue of whether the individual is the surviving 
divorced wife of such miner or of whether she was dependent on such 
miner.

[37 FR 20640, Sept. 30, 1972]