Subject to the provisions of subsection (b) of this section,
benefit payments shall be made by the Secretary under this part
as follows:
(1) In the case of total disability of a miner due to
pneumoconiosis, the disabled miner shall be paid benefits during
the disability at a rate equal to 37 1/2 per centum of the
monthly pay rate for Federal employees in grade GS-2, step 1.
(2) In the case of death of a miner due to pneumoconiosis
or, except with respect to a claim filed under part C of this
subchapter on or after the effective date of the Black Lung
Benefits Amendments of 1981, of a miner receiving benefits under
this part, benefits shall be paid to his widow (if any) at the
rate the deceased miner would receive such benefits if he were
totally disabled.
(3) In the case of the child or children of a miner whose
death is due to pneumoconiosis or, except with respect to a claim
filed under part C of this subchapter on or after the effective
date of the Black Lung Benefits Amendments of 1981, of a miner
who is receiving benefits under this part at the time of his
death or who was totally disabled by pneumoconiosis at the time
of his death, in the case of the child or children of a widow who
is receiving benefits under this part at the time of her death,
and in the case of any child or children entitled to the payment
of benefits under paragraph (5) of section 921(c) of
this title, benefits shall be paid to such child or children as
follows: If there is one such child, he shall be paid benefits at
the rate specified in paragraph (1). If there is more than one
such child, the benefits paid shall be divided equally among them
and shall be paid at a rate equal to the rate specified in
paragraph (1), increased by 50 per centum of such rate if there
are two such children, by 75 per centum of such rate if there are
three such children, and by 100 per centum of such rate if there
are more than three such children: Provided, That benefits shall
only be paid to a child for so long as he meets the criteria for
the term 'child' contained in section 902(g) of
this title: And provided further, That no entitlement to benefits
as a child shall be established under this paragraph (3) for any
month for which entitlement to benefits as a widow is established
under paragraph (2).
(4) In the case of an individual entitled to benefit
payments under clause (1) or (2) of this subsection who has one
or more dependents, the benefit payments shall be increased at
the rate of 50 per centum of such benefit payments, if such
individual has one dependent, 75 per centum if such individual
has two dependents, and 100 per centum if such individual has
three or more dependents.
(5) In the case of the dependent parent or parents of a
miner whose death is due to pneumoconiosis, or, except with
respect to a claim filed under part C of this subchapter on or
after the effective date of the Black Lung Benefits Amendments of
1981, of a miner who is receiving benefits under this part at the
time of his death or who was totally disabled by pneumoconiosis
at the time of death, and who is not survived at the time of his
death by a widow or a child, in the case of the dependent
surviving brother(s) or sister(s) of such a miner who is not
survived at the time of his death by a widow, child, or parent,
in the case of the dependent parent or parents of a miner (who is
not survived at the time of his or her death by a widow or a
child) who are entitled to the payment of benefits under
paragraph (5) of section 921(c) of
this title, or in the case of the dependent surviving brother(s)
or sister(s) of a miner (who is not survived at the time of his
or her death by a widow, child, or parent) who are entitled to
the payment of benefits under paragraph (5) of section 921(c) of
this title, benefits shall be paid under this part to such
parent(s), or to such brother(s), or sister(s), at the rate
specified in paragraph (3) (as if such parent(s) or such
brother(s) or sister(s), were the children of such miner). In
determining for purposes of this paragraph whether a claimant
bears the relationship as the miner's parent, brother, or sister,
the Secretary shall apply legal standards consistent with those
applicable to relationship determination under title II of the
Social Security Act (42 U.S.C. 401 et seq.). No benefits to a
sister or brother shall be payable under this paragraph for any
month beginning with the month in which he or she receives
support from his or her spouse, or marries. Benefits shall be
payable under this paragraph to a brother only if he is -
(1)(A) under eighteen years of age, or
(B) under a disability as defined in section 223(d) of the
Social Security Act 423(d)) which began before the age specified
in section 202(d)(1)(B)(ii) of such Act (42 U.S.C.
402(d)(1)(B)(ii)), or in the case of a student, before he ceased
to be a student, or
(C) a student as defined in section 902(g) of
this title; or
(2) who is, at the time of the miner's death, disabled as
determined in accordance with section 223(d) of the Social
Security Act (42 U.S.C. 423(d)), during such disability. Any
benefit under this paragraph for a month prior to the month in
which a claim for such benefit is filed shall be reduced to any
extent that may be necessary, so that it will not render
erroneous any benefit which, before the filing of such claim, the
Secretary has certified for payment for such prior months. As
used in this paragraph, 'dependent' means that during the one
year period prior to and ending with such miner's death, such
parent, brother, or sister was living in the miner's household,
and was, during such period, totally dependent on the miner for
support. Proof of such support shall be filed by such claimant
within two years after May 1972, or within two years after the
miner's death, whichever is the later. Any such proof which is
filed after the expiration of such period shall be deemed to have
been filed within such period if it is shown to the satisfaction
of the Secretary that there was good cause for failure to file
such proof within such period. The determination of what
constitutes 'living in the miner's household', 'totally dependent
upon the miner for support,' and 'good cause,' shall for purposes
of this paragraph be made in accordance with regulations of the
Secretary. Benefit payments under this paragraph to a parent,
brother, or sister, shall be reduced by the amount by which such
payments would be reduced on account of excess earnings of such
parent, brother, or sister, respectively, under section
203(b)-(l) of the Social Security Act (42 U.S.C. 403(b)-(l)), as
if the benefit under this paragraph were a benefit under section
202 of such Act (42 U.S.C. 402).
(6) If an individual's benefits would be increased under
paragraph (4) of this subsection because he or she has one or
more dependents, and it appears to the Secretary that it would be
in the interest of any such dependent to have the amount of such
increase in benefits (to the extent attributable to such
dependent) certified to a person other than such individual, then
the Secretary may, under regulations prescribed by him, certify
the amount of such increase in benefits (to the extent so
attributable) not to such individual but directly to such
dependent or to another person for the use and benefit of such
dependent; and any payment made under this clause, if otherwise
valid under this subchapter, shall be a complete settlement and
satisfaction of all claims, rights, and interests in and to such
payment.
(b) Reduction of benefits
Notwithstanding subsection (a) of this section, benefit
payments under this section to a miner or his widow, child,
parent, brother, or sister shall be reduced, on a monthly or
other appropriate basis, by an amount equal to any payment
received by such miner or his widow, child, parent, brother, or
sister under the workmen's compensation, unemployment
compensation, or disability insurance laws of his State on
account of the disability of such miner due to pneumoconiosis,
and the amount by which such payment would be reduced on account
of excess earnings of such miner under section 203(b) through (l)
of the Social Security Act (42 U.S.C. 403(b) to
(l)) if the amount paid were a benefit payable under section
202 of such Act (42 U.S.C. 402). This part shall not be
considered a workmen's compensation law or plan for purposes of
section 224 of such Act (42 U.S.C. 424a).
(c) Reporting of income
Benefits payable under this part shall be deemed not to be
income for purposes of the Internal Revenue Code of 1986.