20 CFR 725.218 : Employees' Benefits (§ 1.1 To Parts 1011-1099) — (Part 657 To Parts 1011-1099) — Office Of Workers' Compensation Programs, Department Of Labor (Part 700 To Parts 727-799) — Federal Coal Mine Health And Safety Act Of 1969, As Amended (§ 718.1 To Parts 727-799) — Claims For Benefits Under Part C Of Title Iv Of The Federal Mine Safety And Health Act, As Amended (§ 725.1 To § 725.711) — Persons Entitled To Benefits, Conditions, And Duration Of Entitlement (§ 725.201 To § 725.233) — Conditions And Duration Of Entitlement: Miner'S Dependents (Augmented Benefits) (§ 725.204 To § 725.233) — Conditions of entitlement; child.

(a) An individual is entitled to benefits where he or she meets the required standards of relationship and dependency under this subpart (see § 725.220 and § 725.221) and is the child of a deceased miner who:

(1) Is determined to have died due to pneumoconiosis; or

(2) Filed a claim for benefits on or after January 1, 1982, which results or resulted in a final award of benefits, and the surviving child filed a claim for benefits after January 1, 2005 which was pending on or after March 23, 2010.

(b) A child is not entitled to benefits for any month for which a miner, or the surviving spouse or surviving divorced spouse of a miner, establishes entitlement to benefits.