# 20 C.F.R. § 725.222 (2026): Conditions of entitlement; parent, brother, or sister

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/CFR_T20_P725_S725_222

## Section

- **Citation:** 20 C.F.R. § 725.222 (2026)
- **Heading:** Conditions of entitlement; parent, brother, or sister
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Title 20 CFR: Employees' Benefits / Chapter VI: OFFICE OF WORKERS' COMPENSATION PROGRAMS, DEPARTMENT OF LABOR / Part 725: CLAIMS FOR BENEFITS UNDER PART C OF TITLE IV OF THE FEDERAL MINE SAFETY AND HEALTH ACT, AS AMENDED / Subpart B: Persons Entitled to Benefits, Conditions, and Duration of Entitlement / § 725.222: § 725.222   Conditions of entitlement › parent, brother, or sister.

## Text

(a) An individual is eligible for benefits as a surviving parent, brother or sister if all of the following requirements are met:
(1) The individual is the parent, brother, or sister of a deceased miner;
(2) The individual was dependent on the miner at the pertinent time;
(3) Proof of support is filed within 2 years after the miner's death, unless the time is extended for good cause (§ 725.226);
(4) In the case of a brother or sister, such individual also:
(i) Is under 18 years of age; or
(ii) Is under a disability as defined in section 223(d) of the Social Security Act, 42 U.S.C. 423(d), which began before such individual attained age 22, or in the case of a student, before the student ceased to be a student; or
(iii) Is a student (see § 725.209(b)); or
(iv) Is under a disability as defined in section 223(d) of the Social Security Act, 42 U.S.C. 423(d), at the time of the miner's death;
(5) The deceased miner:
(i) Is determined to have died due to pneumoconiosis; or
(ii) Filed a claim for benefits on or after January 1, 1982, which results or resulted in a final award of benefits, and the surviving parent, brother or sister filed a claim for benefits after January 1, 2005 which was pending on or after March 23, 2010.
(b)(1) A parent is not entitled to benefits if the deceased miner was survived by a spouse or child at the time of such miner's death.
(2) A brother or sister is not entitled to benefits if the deceased miner was survived by a spouse, child, or parent at the time of such miner's death.
[65 FR 80054, Dec. 20, 2000, as amended at 78 FR 59117, Sept. 25, 2013]

## Nearby sections

- [20 C.F.R. § 725.201 (2026) § 725.201   Who is entitled to benefits; contents of this subpart.](https://www.frixlaw.com/law-library/statutes/CFR_T20_P725_S725_201.md)
- [20 C.F.R. § 725.202 (2026) § 725.202   Miner defined; condition of entitlement, miner.](https://www.frixlaw.com/law-library/statutes/CFR_T20_P725_S725_202.md)
- [20 C.F.R. § 725.203 (2026) § 725.203   Duration and cessation of entitlement; miner.](https://www.frixlaw.com/law-library/statutes/CFR_T20_P725_S725_203.md)
- [20 C.F.R. § 725.204 (2026) § 725.204   Determination of relationship; spouse.](https://www.frixlaw.com/law-library/statutes/CFR_T20_P725_S725_204.md)
- [20 C.F.R. § 725.205 (2026) § 725.205   Determination of dependency; spouse.](https://www.frixlaw.com/law-library/statutes/CFR_T20_P725_S725_205.md)
- [20 C.F.R. § 725.206 (2026) § 725.206   Determination of relationship; divorced spouse.](https://www.frixlaw.com/law-library/statutes/CFR_T20_P725_S725_206.md)
- [20 C.F.R. § 725.207 (2026) § 725.207   Determination of dependency; divorced spouse.](https://www.frixlaw.com/law-library/statutes/CFR_T20_P725_S725_207.md)
- [20 C.F.R. § 725.208 (2026) § 725.208   Determination of relationship; child.](https://www.frixlaw.com/law-library/statutes/CFR_T20_P725_S725_208.md)
- [20 C.F.R. § 725.209 (2026) § 725.209   Determination of dependency; child.](https://www.frixlaw.com/law-library/statutes/CFR_T20_P725_S725_209.md)
- [20 C.F.R. § 725.210 (2026) § 725.210   Duration of augmented benefits.](https://www.frixlaw.com/law-library/statutes/CFR_T20_P725_S725_210.md)
- [20 C.F.R. § 725.211 (2026) § 725.211   Time of determination of relationship and dependency of spouse or child for purposes of augmentation of benefits.](https://www.frixlaw.com/law-library/statutes/CFR_T20_P725_S725_211.md)
- [20 C.F.R. § 725.212 (2026) § 725.212   Conditions of entitlement; surviving spouse or surviving divorced spouse.](https://www.frixlaw.com/law-library/statutes/CFR_T20_P725_S725_212.md)
- [20 C.F.R. § 725.213 (2026) § 725.213   Duration of entitlement; surviving spouse or surviving divorced spouse.](https://www.frixlaw.com/law-library/statutes/CFR_T20_P725_S725_213.md)
- [20 C.F.R. § 725.214 (2026) § 725.214   Determination of relationship; surviving spouse.](https://www.frixlaw.com/law-library/statutes/CFR_T20_P725_S725_214.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/CFR_T20_P725_S725_222. Check the current official text before relying on it. Not legal advice.