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(a) An individual is entitled to benefits if such individual:
(1) Is the child or stepchild (see §410.330) of (i) a deceased miner (see §410.110(j)) or (ii) of the widow of a miner who was entitled to benefits at the time of her death (see §§410.210 and 410.211);
(2) Has filed a claim for benefits in accordance with the provisions of §§410.220 through 410.234;
(3) Meets the dependency requirements in §410.370;
(4) If a child of a miner, the deceased miner:
(i) Was entitled to benefits at the time of his death; or
(ii) Died before January 1, 1974, and his death is determined to have been due to pneumoconiosis (see subpart D of this part), or
(iii) Died before January 1, 1974, and it is determined that at the time of his death he was totally disabled by pneumoconiosis (see subpart D of this part).
(b) A child is not entitled to benefits for any month for which a widow of a miner is entitled to benefits, except that (for purposes of entitlement of a child under this section) a widow is deemed not entitled to benefits in months for which she is not paid benefits because she is married (see §410.211). Thus, a child may be entitled to benefits for months wherein such benefits are not payable to the widow because of marriage.
[37 FR 20636, Sept. 30, 1972, as amended at 41 FR 4900, Feb. 3, 1976]
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