# 20 CFR § 725.222: Conditions of entitlement; parent, brother, or sister

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-20-725.222

## Section

- **Citation:** 20 CFR § 725.222
- **Heading:** Conditions of entitlement; parent, brother, or sister
- **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) 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 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)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-20-725.222. Check the current official text before relying on it. Not legal advice.