§ 722.114 - Parents, brothers, or sisters.


Latest version.
  • (a) An individual shall be entitled to claim for and receive benefits if:

    (1) Such individual is the parent, brother, or sister of a deceased miner; and if

    (2) Such individual, for not less than 1 year prior to the miner's death, was living in the same household as the miner and was totally dependent on the miner for support; and if

    (3) The deceased miner was entitled to benefits at the time of his death, or his death is determined to have been due to pneumoconiosis, or at the time of his death was totally disabled by pneumoconiosis; and,

    (4) In the case of a parent, if the deceased miner was not survived by a widow or child at the time of his death; and,

    (5) In the case of a brother or sister, if the deceased miner was not survived by a widow, child or parent at the time of his death; and,

    (6) In the case of a brother, he also is under 18 years of age unless he is a full-time student or under a disability as described in § 722.113(b)(3) in which case his eligibility shall be extended as is appropriate.

    (b) No benefits to a sister or brother shall be payable for any month beginning with the month in which he or she receives support from his or her spouse, or marries.

    (c) The individuals described in this section shall be eligible to claim for or receive benefits until such time as the requirements for eligibility cease.