(a) Ordinarily, a written request that the benefits of a miner or
surviving spouse be augmented on account of a qualified dependent is
made as part of the claim for benefits. However, it may also be made
thereafter.
(b) In the latter case, beginning with the month in which such a
request is filed on account of a particular dependent and in which such
dependent qualifies for augmentation purposes under this part, the
augmented benefits attributable to other qualified dependents (with
respect to the same miner or surviving spouse), if any, are adjusted
downward, if necessary, so that the permissible amount of augmented
benefits (the maximum amount for the number of dependents involved)
will not be exceeded.
(c) Where, based on the entitlement to benefits of a miner or
surviving spouse, a dependent would have qualified for augmentation
purposes for a prior month of such miner's or surviving spouse's
entitlement had such request been filed in such prior month, such
request is effective for such prior month. For any month before the
month of filing such request, however, otherwise correct benefits
previously certified by the Office may not be changed. Rather the
amount of the augmented benefit attributable to the dependent filing
such request in the later month is reduced for each month of the
retroactive period to the extent that may be necessary. This means that
for each month of the retroactive period, the amount payable to the
dependent filing the later augmentation request is the difference, if
any, between:
(1) The total amount of augmented benefits certified for payment
for other dependents for that month, and
(2) The permissible amount of augmented benefits (the maximum
amount for the number of dependents involved) payable for the month for
all dependents, including the dependent filing later.
