§30.500. What special statutory definitions apply to survivors under EEOICPA?

Surviving spouse means the wife or husband of a deceased covered Part B employee or deceased covered Part E employee who was married to that individual for the 365 consecutive days immediately prior to the death of that individual.

Child— of a deceased covered Part B employee or deceased covered Part E employee means only a biological child, a stepchild or an adopted child of that individual.

Parent— includes fathers and mothers of a deceased covered Part B employee through adoption.

Grandchild means a child of a child of a deceased covered Part B employee.

Grandparent means a parent of a parent of a deceased covered Part B employee.

Covered child means a child that is, as of the date of the deceased covered Part E employee's death, either under the age of 18 years, or under the age of 23 years and a full-time student who was continuously enrolled in one or more educational institutions since attaining the age of 18 years, or any age and incapable of self-support. A child's marital status or dependency on the covered employee for support is irrelevant to his or her eligibility for benefits as a covered child under Part E.

Incapable of self-support means that the child must have been physically and/or mentally incapable of self-support at the time of the covered employee's death.