# 20 CFR § 725.209: Determination of dependency; child > Federal · Regulations · In force URL: https://www.frixlaw.com/law-library/statutes/ecfr-20-725.209 ## Section - **Citation:** 20 CFR § 725.209 - **Heading:** Determination of dependency; child - **Jurisdiction:** Federal - **Kind:** Regulations - **Status:** In force - **Text as of:** September 22, 2026 - **Source:** Publisher's official text - **Location:** Title 20—Employees' Benefits > CHAPTER VI—OFFICE OF WORKERS' COMPENSATION PROGRAMS, DEPARTMENT OF LABOR > SUBCHAPTER B—FEDERAL COAL MINE HEALTH AND SAFETY ACT OF 1969, AS AMENDED > 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 > Conditions and Duration of Entitlement: Miner's Dependents (Augmented Benefits) ## Text (a) For purposes of augmenting the benefits of a miner or surviving spouse, the term “beneficiary” as used in this section means only a miner or surviving spouse entitled to benefits (see § 725.202 and § 725.212). An individual who is the beneficiary's child (§ 725.208) will be determined to be, or to have been, dependent on the beneficiary, if the child: (1) Is unmarried; and (2)(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); or (iii) Is 18 years of age or older and is a student. (b)(1) The term “student” means a “full-time student” as defined in section 202(d)(7) of the Social Security Act, 42 U.S.C. 402(d)(7) (see §§ 404.367-404.369 of this title), or an individual under 23 years of age who has not completed 4 years of education beyond the high school level and who is regularly pursuing a full-time course of study or training at an institution which is: (i) A school, college, or university operated or directly supported by the United States, or by a State or local government or political subdivision thereof; or (ii) A school, college, or university which has been accredited by a State or by a State-recognized or nationally-recognized accrediting agency or body; or (iii) A school, college, or university not so accredited but whose credits are accepted, on transfer, by at least three institutions which are so accredited; or (iv) A technical, trade, vocational, business, or professional school accredited or licensed by the Federal or a State government or any political subdivision thereof, providing courses of not less than 3 months' duration that prepare the student for a livelihood in a trade, industry, vocation, or profession. (2) A student will be considered to be “pursuing a full-time course of study or training at an institution” if the student is enrolled in a noncorrespondence course of at least 13 weeks duration and is carrying a subject load which is considered full-time for day students under the institution's standards and practices. A student beginning or ending a full-time course of study or training in part of any month will be considered to be pursuing such course for the entire month. (3) A child is considered not to have ceased to be a student: (i) During any interim between school years, if the interim does not exceed 4 months and the child shows to the satisfaction of the Office that he or she has a bona fide intention of continuing to pursue a full-time course of study or training; or (ii) During periods of reasonable duration in which, in the judgment of the Office, the child is prevented by factors beyond the child's control from pursuing his or her education. (4) A student whose 23rd birthday occurs during a semester or the enrollment period in which such student is pursuing a full-time course of study or training shall continue to be considered a student until the end of such period, unless eligibility is otherwise terminated. ## Nearby sections - [20 CFR § 725.202 § 725.202 Miner defined; condition of entitlement, miner.](https://www.frixlaw.com/law-library/statutes/ecfr-20-725.202.md) - [20 CFR § 725.203 § 725.203 Duration and cessation of entitlement; miner.](https://www.frixlaw.com/law-library/statutes/ecfr-20-725.203.md) - [20 CFR § 725.204 § 725.204 Determination of relationship; spouse.](https://www.frixlaw.com/law-library/statutes/ecfr-20-725.204.md) - [20 CFR § 725.205 § 725.205 Determination of dependency; spouse.](https://www.frixlaw.com/law-library/statutes/ecfr-20-725.205.md) - [20 CFR § 725.206 § 725.206 Determination of relationship; divorced spouse.](https://www.frixlaw.com/law-library/statutes/ecfr-20-725.206.md) - [20 CFR § 725.207 § 725.207 Determination of dependency; divorced spouse.](https://www.frixlaw.com/law-library/statutes/ecfr-20-725.207.md) - [20 CFR § 725.208 § 725.208 Determination of relationship; child.](https://www.frixlaw.com/law-library/statutes/ecfr-20-725.208.md) - [20 CFR § 725.209 § 725.209 Determination of dependency; child.](https://www.frixlaw.com/law-library/statutes/ecfr-20-725.209.md) - [20 CFR § 725.210 § 725.210 Duration of augmented benefits.](https://www.frixlaw.com/law-library/statutes/ecfr-20-725.210.md) - [20 CFR § 725.211 § 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/ecfr-20-725.211.md) - [20 CFR § 725.212 § 725.212 Conditions of entitlement; surviving spouse or surviving divorced spouse.](https://www.frixlaw.com/law-library/statutes/ecfr-20-725.212.md) - [20 CFR § 725.213 § 725.213 Duration of entitlement; surviving spouse or surviving divorced spouse.](https://www.frixlaw.com/law-library/statutes/ecfr-20-725.213.md) - [20 CFR § 725.214 § 725.214 Determination of relationship; surviving spouse.](https://www.frixlaw.com/law-library/statutes/ecfr-20-725.214.md) - [20 CFR § 725.215 § 725.215 Determination of dependency; surviving spouse.](https://www.frixlaw.com/law-library/statutes/ecfr-20-725.215.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-20-725.209. Check the current official text before relying on it. Not legal advice.