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Code of Federal Regulations Pertaining to U.S. Department of Labor |
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Employees' Benefits |
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Employment Standards Administration, Department of Labor |
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Claims for Benefits Under Part C of Title IV of the Federal Mine Safety and Health Act, As Amended |
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Persons Entitled to Benefits, Conditions, and Duration of Entitlement |
20 CFR 725.219 - Duration of entitlement; child.
- Section Number: 725.219
- Section Name: Duration of entitlement; child.
(a) An individual is entitled to benefits as a child for each month
beginning with the first month in which all of the conditions of
entitlement prescribed in Sec. 725.218 are satisfied.
(b) The last month for which such individual is entitled to such
benefits is the month before the month in which any one of the
following events first occurs:
(1) The child dies;
(2) The child marries;
(3) The child attains age 18; and
(i) Is not a student (as defined in Sec. 725.209(b)) during any
part of the month in which the child attains age 18; and
(ii) Is not under a disability (as defined in
Sec. 725.209(a)(2)(ii)) at that time;
(4) If the child's entitlement beyond age 18 is based on his or her
status as a student, the earlier of:
(i) The first month during no part of which the child is a student;
or
(ii) The month in which the child attains age 23 and is not under a
disability (as defined in Sec. 725.209(a)(2)(ii)) at that time;
(5) If the child's entitlement beyond age 18 is based on
disability, the first month in no part of which such individual is
under a disability.
(c) A child whose entitlement to benefits terminated with the month
before the month in which the child attained age 18, or later, may
thereafter (provided such individual is not married) again become
entitled to such benefits upon filing application for such
reentitlement, beginning with the first month after termination of
benefits in which such individual is a student and has not attained the
age of 23.
(d) A child whose entitlement to benefits has been terminated
pursuant to Sec. 725.219(b)(2) may thereafter again become entitled to
such benefits upon filing application for such reentitlement, beginning
with the first month after the marriage ends and such individual meets
the requirements of Sec. 725.218. The individual shall not be required
to reestablish the miner's entitlement to benefits (Sec. 725.218(a)(1))
or the miner's death due to pneumoconiosis (Sec. 725.212(a)(2)).
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