20cfr725.208 - 209

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Federal Register / Vol. 65, No. 245 / Wednesday, December 20, 2000 / Rules and Regulations

(b) The individual is receiving
substantial contributions from the miner
pursuant to a written agreement (see
§ 725.233(c) and (f)); or
(c) A court order requires the miner to
furnish substantial contributions to the
individual’s support (see § 725.233(c)
and (e)).
§ 725.208
child.

Determination of relationship;

As used in this section, the term
‘‘beneficiary’’ means only a surviving
spouse entitled to benefits at the time of
death (see § 725.212), or a miner. An
individual will be considered to be the
child of a beneficiary if:
(a) The courts of the State in which
the beneficiary is domiciled (see
§ 725.231) would find, under the law
they would apply, that the individual is
the beneficiary’s child; or
(b) The individual is the legally
adopted child of such beneficiary; or
(c) The individual is the stepchild of
such beneficiary by reason of a valid
marriage of the individual’s parent or
adopting parent to such beneficiary; or
(d) The individual does not bear the
relationship of child to such beneficiary
under paragraph (a), (b), or (c) of this
section, but would, under State law,
have the same right as a child to share
in the beneficiary’s intestate personal
property; or
(e) The individual is the natural son
or daughter of a beneficiary but is not
a child under paragraph (a), (b), or (c)
of this section, and is not considered to
be the child of the beneficiary under
paragraph (d) of this section if the
beneficiary and the mother or the father,
as the case may be, of the individual
went through a marriage ceremony
resulting in a purported marriage
between them which but for a legal
impediment (see § 725.230) would have
been a valid marriage; or
(f) The individual is the natural son
or daughter of a beneficiary but is not
a child under paragraph (a), (b), or (c)
of this section, and is not considered to
be the child of the beneficiary under
paragraph (d) or (e) of this section, such
individual shall nevertheless be
considered to be the child of the
beneficiary if:
(1) The beneficiary, prior to his or her
entitlement to benefits, has
acknowledged in writing that the
individual is his or her son or daughter,
or has been decreed by a court to be the
parent of the individual, or has been
ordered by a court to contribute to the
support of the individual (see
§ 725.233(e)) because the individual is
his or her son or daughter; or
(2) Such beneficiary is shown by
satisfactory evidence to be the father or

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mother of the individual and was living
with or contributing to the support of
the individual at the time the
beneficiary became entitled to benefits.
§ 725.209
child.

Determination of dependency;

(a) For purposes of augmenting the
benefits of a miner or surviving spouse,
the term ‘‘beneficiary’’ as used in this
section means only a miner or surviving
spouse entitled to benefits (see
§ 725.202 and § 725.212). An individual
who is the beneficiary’s child
(§ 725.208) will be determined to be, or
to have been, dependent on the
beneficiary, if the child:
(1) Is unmarried; and
(2)(i) Is under 18 years of age; or
(ii) Is under a disability as defined in
section 223(d) of the Social Security
Act, 42 U.S.C. 423(d); or
(iii) Is 18 years of age or older and is
a student.
(b)(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 §§ 404.367—
404.369 of this title), 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 nationallyrecognized 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; 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 the student
is enrolled in a noncorrespondence
course of at least 13 weeks duration and
is carrying a subject load which is
considered full-time for day students
under the institution’s standards and
practices. A student beginning or ending
a full-time course of study or training in
part of any month will be considered to

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be pursuing such course for the entire
month.
(3) A child is considered not to have
ceased to be a student:
(i) During any interim between school
years, if the interim does not exceed 4
months and the child shows to the
satisfaction of the Office that he or she
has a bona fide intention of continuing
to pursue a full-time course of study or
training; or
(ii) During periods of reasonable
duration in which, in the judgment of
the Office, the child is prevented by
factors beyond the child’s control from
pursuing his or her education.
(4) A student whose 23rd birthday
occurs during a semester or the
enrollment period in which such
student is pursuing a full-time course of
study or training shall continue to be
considered a student until the end of
such period, unless eligibility is
otherwise terminated.
§ 725.210

Duration of augmented benefits.

Augmented benefits payable on behalf
of a spouse or divorced spouse, or a
child, shall begin with the first month
in which the dependent satisfies the
conditions of relationship and
dependency set forth in this subpart.
Augmentation of benefits on account of
a dependent continues through the
month before the month in which the
dependent ceases to satisfy these
conditions, except in the case of a child
who qualifies as a dependent because
such child is a student. In the latter
case, benefits continue to be augmented
through the month before the first
month during no part of which such
child qualifies as a student.
§ 725.211 Time of determination of
relationship and dependency of spouse or
child for purposes of augmentation of
benefits.

With respect to the spouse or child of
a miner entitled to benefits, and with
respect to the child of a surviving
spouse entitled to benefits, the
determination as to whether an
individual purporting to be a spouse or
child is related to or dependent upon
such miner or surviving spouse shall be
based on the facts and circumstances
present in each case, at the appropriate
time.
Conditions and Duration of Entitlement:
Miner’s Survivors
§ 725.212 Conditions of entitlement;
surviving spouse or surviving divorced
spouse.

(a) An individual who is the surviving
spouse or surviving divorced spouse of
a miner is eligible for benefits if such
individual:

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