---
kind: "section"
citation: "20 C.F.R. § 725.218"
title: "20"
number: "725.218"
heading: "Conditions of entitlement; child."
url: "https://uscodex.org/cfr/20/725.218"
---

# §725.218. Conditions of entitlement; child.

- (a) An individual is entitled to benefits where he or she meets the required standards of relationship and dependency under this subpart (see [§ 725.220](/cfr/20/725.220.md) and [§ 725.221](/cfr/20/725.221.md)) and is the child of a deceased miner who:
  - (1) Is determined to have died due to pneumoconiosis; or
  - (2) Filed a claim for benefits on or after January 1, 1982, which results or resulted in a final award of benefits, and the surviving child filed a claim for benefits after January 1, 2005 which was pending on or after March 23, 2010.
- (b) A child is not entitled to benefits for any month for which a miner, or the surviving spouse or surviving divorced spouse of a miner, establishes entitlement to benefits.

## Notes

### Amendments

[65 FR 80054, Dec. 20, 2000, as amended at 78 FR 59117, Sept. 25, 2013]

### 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.

### Amendments

[65 FR 80054, Dec. 20, 2000, as amended at 78 FR 59117, Sept. 25, 2013]