---
kind: "section"
citation: "20 C.F.R. § 725.209"
title: "20"
number: "725.209"
heading: "Determination of dependency; child."
url: "https://uscodex.org/cfr/20/725.209"
---

# §725.209. 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 [§ 725.202](/cfr/20/725.202.md) and [§ 725.212](/cfr/20/725.212.md)). An individual who is the beneficiary's child ([§ 725.208](/cfr/20/725.208.md)) 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)](/usc/42/423.md?p=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)](/usc/42/402.md?p=d-7) (see [§§ 404.367-404.369](/cfr/20/404.367-404.369.md) 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.

## Notes

### Authority

Authority: 5 U.S.C. 301; 28 U.S.C. 2461 note (Federal Civil Penalties Inflation Adjustment Act of 1990); Pub. L. 114-74 at sec. 701; Reorganization Plan No. 6 of 1950, 15 FR 3174; 30 U.S.C. 901 et seq., 902(f), 921, 932, 936; 33 U.S.C. 901 et seq.; 42 U.S.C. 405; Secretary's Order 10-2009, 74 FR 58834.

### Source

Source: 65 FR 80054, Dec. 20, 2000, unless otherwise noted.