Content Last Revised: 1/19/01 ---DISCLAIMER---

20 CFR 725.201 - Who is entitled to benefits; contents of this subpart.

• Section Number: 725.201
• Section Name: Who is entitled to benefits; contents of this subpart.

    (a) Section 415 and part C of the Act provide for the payment of 
periodic benefits in accordance with this part to:
    (1) A miner (see Sec. 725.202) who is determined to be totally 
disabled due to pneumoconiosis; or
    (2) The surviving spouse or surviving divorced spouse or, where 
neither exists, the child of a deceased miner, where the deceased 
miner:
    (i) Was receiving benefits under section 415 or part C of title IV 
of the Act as a result of a claim filed prior to January 1, 1982; or
    (ii) Is determined as a result of a claim filed prior to January 1, 
1982, to have been totally disabled due to pneumoconiosis at the time 
of death, or to have died due to pneumoconiosis. Survivors of miners 
whose claims are filed on or after January 1, 1982, must establish that 
the deceased miner's death was due to pneumoconiosis in order to 
establish their entitlement to benefits, except where entitlement is 
established under Sec. 718.306 of this subchapter on a survivor's claim 
filed prior to June 30, 1982, or;
    (3) The child of a miner's surviving spouse who was receiving 
benefits under section 415 or part C of title IV of the Act at the time 
of such spouse's death; or
    (4) The surviving dependent parents, where there is no surviving 
spouse or child, or the surviving dependent brothers or sisters, where 
there is no surviving spouse, child, or parent, of a miner, where the 
deceased miner;
    (i) Was receiving benefits under section 415 or part C of title IV 
of the Act as a result of a claim filed prior to January 1, 1982; or
    (ii) Is determined as a result of a claim filed prior to January 1, 
1982, to have been totally disabled due to pneumoconiosis at the time 
of death, or to have died due to pneumoconiosis. Survivors of miners 
whose claims are filed on or after January 1, 1982, must establish that 
the deceased miner's death was due to pneumoconiosis in order to 
establish their entitlement to benefits, except where entitlement is 
established under Sec. 718.306 of this subchapter on a survivor's claim 
filed prior to June 30, 1982.
    (b) Section 411(c)(5) of the Act provides for the payment of 
benefits to the eligible survivors of a miner employed for 25 or more 
years in the mines prior to June 30, 1971, if the miner's death 
occurred on or before March 1, 1978, and if the claim was filed prior 
to June 30, 1982, unless it is established that at the time of death, 
the miner was not totally or partially disabled due to pneumoconiosis. 
For the purposes of this part the term ``total disability'' shall mean 
partial disability with respect to a claim for which eligibility is 
established under section 411(c)(5) of the Act. See Sec. 718.306 of 
this subchapter which implements this provision of the Act.
    (c) The provisions contained in this subpart describe the 
conditions of entitlement to benefits applicable to a miner, or a 
surviving spouse, child, parent, brother, or sister, and the events 
which establish or terminate entitlement to benefits.
    (d) In order for an entitled miner or surviving spouse to qualify 
for augmented benefits because of one or more dependents, such 
dependents must meet relationship and dependency requirements with 
respect to such beneficiary prescribed by or pursuant to the Act. Such 
requirements are also set forth in this subpart.