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

20 CFR 725.232 - Member of the same household--"living with," "living in the same household," and "living in the miner's household," defined.

• Section Number: 725.232
• Section Name: Member of the same household--"living with," "living in the same household," and "living in the miner's household," defined.

    (a) Defined. (1) The term "member of the same household" as used 
in section 402(a)(2) of the Act (with respect to a spouse); the term 
"living with" as used in section 402(e) of the Act (with respect to a 
surviving spouse); and the term "living in the same household" as 
used in this subpart, means that a husband and wife were customarily 
living together as husband and wife in the same place.
    (2) The term "living in the miner's household" as used in section 
412(a)(5) of the Act (with respect to a parent, brother, or sister) 
means that the miner and such parent, brother, or sister were sharing 
the same residence.
    (b) Temporary absence. The temporary absence from the same 
residence of either the miner, or the miner's spouse, parent, brother, 
or sister (as the case may be), does not preclude a finding that one 
was "living with" the other, or that they were "members of the same 
household." The absence of one such individual from the residence in 
which both had customarily lived shall, in the absence of evidence to 
the contrary, be considered temporary:
    (1) If such absence was due to service in the Armed Forces of the 
United States; or
    (2) If the period of absence from his or her residence did not 
exceed 6 months and the absence was due to business or employment 
reasons, or because of confinement in a penal institution or in a 
hospital, nursing home, or other curative institution; or
    (3) In any other case, if the evidence establishes that despite 
such absence they nevertheless reasonably expected to resume physically 
living together.
    (c) Relevant period of time. (1) The determination as to whether a 
surviving spouse had been "living with" the miner shall be based upon 
the facts and circumstances as of the time of the death of the miner.
    (2) The determination as to whether a spouse is a ``member of the 
same household'' as the miner shall be based upon the facts and 
circumstances with respect to the period or periods of time as to which 
the issue of membership in the same household is material.
    (3) The determination as to whether a parent, brother, or sister 
was "living in the miner's household" shall take account of the 1-
year period immediately prior to the miner's death.