---
kind: "section"
citation: "42 C.F.R. § 110.70"
title: "42"
number: "110.70"
heading: "Determinations the Secretary must make before benefits can be paid."
url: "https://uscodex.org/cfr/42/110.70"
---

# §110.70. Determinations the Secretary must make before benefits can be paid.


Before the Secretary will pay benefits under this Program, she must determine that:

- (a) The requester or his or her representative submitted a completed and signed Request Form within the governing filing deadline; and
- (b) The requester meets the eligibility requirements set out in this part (including a determination that a covered injury was sustained); and
- (c) **The requester is entitled to receive benefits from the Program.** In making this determination, the Secretary will decide the type(s) and amounts of benefits that will be paid to the requester.

## Notes

### Authority

Authority: 42 U.S.C. 247d-6e.

### Source

Source: 75 FR 63675, Oct. 15, 2010, unless otherwise noted.