[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: 20CFR410.395]

[Page 622-623]
 
                      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. 410.395  Contributions and support.

    (a) Support defined. The term support includes food, shelter, 
clothing, ordinary medical expenses, and other ordinary and customary 
items for the maintenance of the person supported.
    (b) Contributions defined. The term contributions refers to 
contributions actually provided by the contributor from his own 
property, or the use thereof, or by the use of his own credit.
    (c) Regular contributions and substantial contributions defined. The 
terms regular contributions and substantial contributions mean 
contributions that are customary and sufficient to constitute a material 
factor in the cost of the individual's support.
    (d) Contributions and community property. When a wife receives, and 
uses for her support, income from her services or property and such 
income, under applicable State law, is the community property of herself 
and the miner, no part of such income is a contribution by the miner to 
his wife's support regardless of any legal interest the miner may have 
therein. However, when a

[[Page 623]]

wife receives, and uses for her support, income from the services and 
the property of the miner and, under applicable State law, such income 
is community property, all of such income is considered to be a 
contribution by the miner to his wife's support.
    (e) Court order for support defined. References to support orders in 
Sec. Sec. 410.330 (f)(1), 410.350(c), and 410.360(b) mean any court 
order, judgment, or decree of a court of competent jurisdiction which 
requires regular contributions that are a material factor in the cost of 
the individual's support and which is in effect at the applicable time. 
If such contributions are required by a court order, this condition is 
met whether or not the contributions were actually made.
    (f) Written agreement defined. The term written agreement in the 
phrase substantial contributions * * * pursuant to a written agreement 
(see Sec. Sec. 410.351 (b) and 410.361(b)) means an agreement signed by 
the miner providing for substantial contributions by him for the 
individual's support. It must be in effect at the applicable time but it 
need not be legally enforceable.
    (g) One-half support defined. The term one-half support means that 
the miner made regular contributions, in cash or in kind, to the support 
of a divorced wife (see Sec. 410.351(a)), or of a surviving divorced 
wife (see Sec. 410.361 (a)), at the specified time or for the specified 
period, and that the amount of such contributions equaled or exceeded 
one-half the total cost of such individual's support at such time or 
during such period.
    (h) Totally dependent for support defined. The term totally 
dependent on the miner for support as used in Sec. 410.380(b), means 
that such miner made regular contributions to the support of his parent, 
brother, or sister, as the case may be, and that the amount of such 
contributions at least equaled the total cost of such individual's 
support.

[37 FR 20641, Sept. 30, 1972]