§ 727.304 - Liability for benefit payments.

A claim approved under this part shall be payable either by a coal mine employer (see subpart F of part 725 of this subchapter) or the black lung disability trust fund. Benefits shall be payable by a responsible coal mine employer if the miner's last date of coal mine employment occurred on or after January 1, 1970, and if the miner's last coal mine employer or a successor to such employer is found liable under the provisions of subpart F of part 725 of this subchapter. Where it is determined that the employer liable for the payment of such benefits has not commenced payment of benefits within 30 days after the date the claimant is initially determined eligible or within 30 days after a payment is due, the fund will make the required payments. The employer is required by section 424 of the act to reimburse the fund where its liability is finally determined. For the purposes of determining the liability of a coal mine employer or the fund for the payment of an approved claim, the provisions of subparts F and H of part 725 of this subchapter shall be applicable to a claim considered under this part, including any claim originally filed under part B of title IV of the Act with the Social Security Administration. In all other cases, benefits shall be payable by the fund. Nothing in this part shall be construed in derogation of the terms of part 725 of this subchapter insofar as part 725 affects the liability of a coal mine employer.