(a)(1) Except with respect to benefits paid by the fund pursuant to
an initial determination issued in accordance with Sec. 725.418 (see
Sec. 725.522), benefits under the Act shall be paid when they become
due. Benefits shall be considered due after the issuance of an
effective order requiring the payment of benefits by a district
director, administrative law judge, Benefits Review Board, or court,
notwithstanding the pendency of a motion for reconsideration before an
administrative law judge or an appeal to the Board or court, except
that benefits shall not be considered due where the payment of such
benefits has been stayed by the Benefits Review Board or appropriate
court. An effective order shall remain in effect unless it is vacated
by an administrative law judge on reconsideration, or, upon review
under section 21 of the LHWCA, by the Benefits Review Board or an
appropriate court, or is superseded by an effective order issued
pursuant to Sec. 725.310.
(2) A proposed order issued by a district director pursuant to
Sec. 725.418 becomes effective at the expiration of the thirtieth day
thereafter if no party timely requests revision of the proposed
decision and order or a hearing (see Sec. 725.419). An order issued by
an administrative law judge becomes effective when it is filed in the
office of the district director (see Sec. 725.479). An order issued by
the Benefits Review Board shall become effective when it is issued. An
order issued by a court shall become effective in accordance with the
rules of the court.
(b)(1) While an effective order requiring the payment of benefits
remains in effect, monthly benefits, at the rates set forth in
Sec. 725.520, shall be due on the fifteenth day of the month following
the month for which the benefits are payable. For example, benefits
payable for the month of January shall be due on the fifteenth day of
February.
(2) Within 30 days after the issuance of an effective order
requiring the payment of benefits, the district director shall compute
the amount of benefits
payable for periods prior to the effective date of the order, in
addition to any interest payable for such periods (see Sec. 725.608),
and shall so notify the parties. Any computation made by the district
director under this paragraph shall strictly observe the terms of the
order. Benefits and interest payable for such periods shall be due on
the thirtieth day following issuance of the district director's
computation. A copy of the current table of applicable interest rates
shall be attached to the computation.
(c) Benefits are payable for monthly periods and shall be paid
directly to an eligible claimant or his or her representative payee
(see Sec. 725.510) beginning with the month during which eligibility
begins. Benefit payments shall terminate with the month before the
month during which eligibility terminates. If a claimant dies in the
first month during which all requirements for eligibility are met,
benefits shall be paid for that month.
