(a) Section 9501(d)(1)(A)(1) of the Internal Revenue Code (26
U.S.C.) provides that the Black Lung Disability Trust Fund shall begin
the payment of benefits on behalf of an operator in any case in which
the operator liable for such payments has not commenced payment of such
benefits within 30 days after the date of an initial determination of
eligibility by the Secretary. For claims filed on or after January 1,
1982, the payment of such interim benefits from the fund is limited to
benefits accruing after the date of such initial determination.
(b) Except as provided in Sec. 725.415, after the district director
has determined that a claimant is eligible for benefits, on the basis
of all evidence submitted by a claimant and operator, and has
determined that a hearing will be necessary to resolve the claim, the
district director shall in writing so inform the parties and direct the
operator to begin the payment of benefits to the claimant in accordance
with Sec. 725.522. The date on which this writing is sent to the
parties shall be considered the date of initial determination of the
claim.
(c) If a notified operator refuses to commence payment of a claim
within 30 days from the date on which an initial determination is made
under this section, benefits shall be paid by the fund to the claimant
in accordance with Sec. 725.522, and the operator shall be liable to
the fund, if such operator is determined liable for the claim, for all
benefits paid by the fund on behalf of such operator, and, in addition,
such penalties and interest as are appropriate.
