(a) Under certain circumstances, the amount of monthly benefits as
computed in Sec. 725.520 or lump-sum award (Sec. 725.521) shall be
modified to determine the amount actually to be paid to a beneficiary.
With respect to any benefits payable for all periods of eligibility
after January 1, 1974, a reduction of the amount of benefits payable
shall be required on account of:
(1) Any compensation or benefits received under any State workers'
compensation law because of death or partial or total disability due to
pneumoconiosis; or
(2) Any compensation or benefits received under or pursuant to any
Federal law including part B of title IV of the Act because of death or
partial or total disability due to pneumoconiosis; or
(3) In the case of benefits to a parent, brother, or sister as a
result of a claim filed at any time or benefits payable on a miner's
claim which was filed on or after January 1, 1982, the excess earnings
from wages and from net earnings from self-employment (see Sec. 410.530
of this title) of such parent, brother, sister, or miner, respectively;
or
(4) The fact that a claim for benefits from an additional
beneficiary is filed, or that such claim is effective for a payment
during the month of filing, or a dependent qualifies under this part
for an augmentation portion of a benefit of a miner or widow for a
period in which another dependent has previously qualified for an
augmentation.
(b) An adjustment in a beneficiary's monthly benefit may be
required because an overpayment or underpayment has been made to such
beneficiary (see Secs. 725.540-725.546).
(c) A suspension of a beneficiary's monthly benefits may be
required when the Office has information indicating that reductions on
account of excess earnings may reasonably be expected.
(d) Monthly benefit rates are payable in multiples of 10 cents. Any
monthly benefit rate which, after the applicable computations,
augmentations, and reductions is not a multiple of 10 cents, is
increased to the next higher multiple of 10 cents. Since a fraction of
a cent is not a multiple of 10 cents, a benefit rate which contains
such a fraction in the third decimal is raised to the next higher
multiple of 10 cents.
(e) Any individual entitled to a benefit, who is aware of any
circumstances which could affect entitlement to benefits, eligibility
for payment, or the amount of benefits, or result in the termination,
suspension, or reduction of benefits, shall promptly report these
circumstances to the Office. The Office may at any time require an
individual receiving, or claiming entitlement to, benefits, either on
his or her own behalf or on behalf of another, to submit a written
statement giving pertinent information bearing upon the issue of
whether or not an event has occurred which would cause such benefit to
be terminated, or which would subject such benefit to reductions or
suspension under the provisions of the Act. The failure of an
individual to submit any such report or statement, properly executed,
to the Office shall subject such benefit to reductions, suspension, or
termination as the case may be.
