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

20 CFR 725.209 - Determination of dependency; child.

• Section Number: 725.209
• Section Name: Determination of dependency; child.

    (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 Sec. 725.202 and 
Sec. 725.212). An individual who is the beneficiary's child 
(Sec. 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 Secs. 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 nationally-recognized 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 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.