(a) If the basic benefit of a miner or of a surviving spouse is
augmented because of one or more dependents, and it appears to the
district director that the best interests of such dependent would be
served thereby, or that the augmented benefit is not being used for the
use and benefit (as defined in this subpart) of the augmentee, the
district director may certify payment of the amount of such
augmentation (to the extent attributable to such dependent) to such
dependent directly, or to a legal guardian or a representative payee
for the use and benefit of such dependent.
(b) Any request to the district director to certify separate
payment of the amount of an augmentation in accordance with paragraph
(a) of this section shall be in writing on such form and in accordance
with such instructions as are prescribed by the Office.
(c) The district director shall specify the terms and conditions of
any certification authorized under this section and may terminate any
such certification where appropriate.
(d) Any payment made under this section, if otherwise valid under
the Act, is a complete settlement and satisfaction of all claims,
rights, and interests in and to such payment, except that such payment
shall not be construed to abridge the rights of any party to recoup any
overpayment made.
