[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: 20CFR410.393]

[Page 621-622]
 
                      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. 410.393  ``Member of the same household''; ``living with''; ``living 
in the same household''; and ``living in the miner's household''.

    (a) Defined. (1) The term member of the same household as used in 
section 402(a)(2) of the Act (with respect to a wife); the term living 
with as used in section 402(e) of the Act (with respect to a widow); and 
the term living in the same household as used in Sec. Sec. 410.310(d) 
and 410.320(d) (with respect to certain wives and widows, respectively), 
mean that a husband and wife were customarily living together as husband 
and wife in the same place of abode.

[[Page 622]]

    (2) The term living in the miner's household as used in section 
412(a)(5) of the Act (with respect to a parent, brother, or sister (see 
Sec. 410.380)), means that the miner and such parent, brother, or 
sister, were sharing the same residence.
    (b) Temporary absence. The temporary absence from the same residence 
of either the miner, or his wife, parent, brother, or sister (as the 
case may be), does not preclude a finding that one was living with the 
other, or that they were members of the same household, etc. The absence 
of one such individual from the residence in which both had customarily 
lived shall, in the absence of evidence to the contrary, be considered 
temporary;
    (1) If such absence was due to service in the Armed Forces of the 
United States; or
    (2) If the period of absence from his or her residence did not 
exceed 6 months, and neither individual was outside the United States, 
and the absence was due to business or employment reasons, or because of 
confinement in a penal institution or in a hospital, nursing home, or 
other curative institution; or
    (3) In any other case, if the evidence establishes that despite such 
absence they nevertheless reasonably expected to resume physically 
living together at some time in the reasonably near future.
    (c) Death during absence. Where the death of one of the parties 
occurred while away from the residence for treatment or care of an 
illness or an injury (e.g., in a hospital), the fact that the death was 
foreseen as possible or probable does not in and of itself preclude a 
finding that the parties were ``living with'' one another or were 
``member[s] of the same household'' etc. at the time of death.
    (d) Absences other than temporary. In situations other than those 
described in paragraphs (b) and (c) of this section, the absence shall 
not be considered temporary, and the parties may not be found to be 
``living with'' one another or to be ``member[s] of the same household'' 
etc. A finding of temporary absence would not be justified where one of 
the parties was committed to a penal institution for life or for a 
period exceeding the reasonable life expectancy of either, or was under 
a sentence of death; or where the parties had ceased to live in the same 
place of abode because of marital or family difficulties and had not 
resumed living together before death.
    (e) Relevant period of time. (1) The determination as to whether a 
widow had been ``living with'' her husband shall be based upon the facts 
and circumstances as of the time of death of the miner.
    (2) The determination as to whether a wife is a ``member of the same 
household'' as her husband shall be based upon the facts and 
circumstances with respect to the period or periods of time as to which 
the issue of membership in the same household is material. (See Sec. 
410.510(c).)
    (3) The determination as to whether a parent, brother, or sister was 
``living in the miner's household'' shall take account only of the 1-
year period immediately prior to the miner's death. (See Sec. 410.380.)

[37 FR 20640, Sept. 30, 1972]