---
kind: "section"
citation: "20 C.F.R. § 725.222"
title: "20"
number: "725.222"
heading: "Conditions of entitlement; parent, brother, or sister."
url: "https://uscodex.org/cfr/20/725.222"
---

# §725.222. Conditions of entitlement; parent, brother, or sister.

- (a) An individual is eligible for benefits as a surviving parent, brother or sister if all of the following requirements are met:
  - (1) The individual is the parent, brother, or sister of a deceased miner;
  - (2) The individual was dependent on the miner at the pertinent time;
  - (3) Proof of support is filed within 2 years after the miner's death, unless the time is extended for good cause ([§ 725.226](/cfr/20/725.226.md));
  - (4) **In the case of a brother or sister, such individual also—**
    - (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), which began before such individual attained age 22, or in the case of a student, before the student ceased to be a student; or
    - (iii) Is a student (see [§ 725.209(b)](/cfr/20/725.209.md?p=b)); or
    - (iv) 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), at the time of the miner's death;
  - (5) **The deceased miner—**
    - (i) Is determined to have died due to pneumoconiosis; or
    - (ii) Filed a claim for benefits on or after January 1, 1982, which results or resulted in a final award of benefits, and the surviving parent, brother or sister filed a claim for benefits after January 1, 2005 which was pending on or after March 23, 2010.
- (b)
  - (1) A parent is not entitled to benefits if the deceased miner was survived by a spouse or child at the time of such miner's death.
  - (2) A brother or sister is not entitled to benefits if the deceased miner was survived by a spouse, child, or parent at the time of such miner's death.

## 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]