Code of Federal Regulations (Last Updated: May 6, 2024) |
Title 20 - Employees' Benefits |
Chapter VI - Office of Workers' Compensation Programs, Department of Labor |
SubChapter B - Federal Coal Mine Health and Safety Act of 1969, as Amended |
Part 725 - Claims for Benefits Under Part C of Title Iv of the Federal Mine Safety and Health Act, as Amended |
Subpart B - Persons Entitled to Benefits, Conditions, and Duration of Entitlement |
Conditions and Duration of Entitlement: Miner'S Dependents (Augmented Benefits) |
§ 725.227 - Time of determination of relationship and dependency of survivors.
Latest version.
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§ 725.227 Time of determination of relationship and dependency of survivors.
The determination as to whether an individual purporting to be an entitled survivor of a miner or beneficiary was related to, or dependent upon, the miner is made after such individual files a claim for benefits as a survivor. Such determination is based on the facts and circumstances with respect to a reasonable period of time ending with the miner's death. A prior determination that such individual was, or was not, a dependent for the purposes of augmenting the miner's benefits for a certain period, is not determinative of the issue of whether the individual is a dependent survivor of such miner.