Page:United States Statutes at Large Volume 86.djvu/193

 86

STAT.]

PUBLIC LAW 92-303-MAY 19, 1972

" (C) a student as defined in section 402(g); or " (2) who is, at the time of the miner's death, disabled as determined in accordance with section 223(d) of the Social Security Act, during such disability. Any benefit under this paragraph for a month prior to the month in which a claim for such benefit is filed shall be reduced to any extent that may be necessary, so that it will not render erroneous any benefit which, before the filing of such claim, the Secretary has certified for payment for such prior months. As used in this paragraph, 'dependent' means that during the one year period prior to and ending with such miner's death, such parent, brother, or sister was living in the miner's household, and was, during such period, totally dependent on the miner for support. Proof of such support shall be filed by such claimant within two years after the month in which this amendment is enacted, or within two years after the miner's death, whichever is the later. Any such proof which is filed after the expiration of such period shall be deemed to have been filed within such period if it is shown to the satisfaction of the Secretary that there was good cause for failure to file such proof within such period. The determination of what constitutes 'living in the miner's household', 'totally dependent upon the miner for support,' and 'good cause,' shall for purposes of this paragraph be made in accordance with regulations of the Secretary. Benefit payments under this paragraph to a parent, brother, or sister, shall be reduced by the amount by which such payments would be reduced on account of excess earnings of such parent, brother, or sister, respectively, under section 203(b)-(l) of the Social Security Act, as if the benefit under this paragraph were a benefit under section 202 of such Act. "(6) If an individual's benefits would be increased under paragraph (4) of this subsection because he or she has one or more dependents, and it appears to the Secretary that it would be in the interest of any such dependent to have the amount of such increase in benefits (to the extent attributable to such dependent) certified to a person other than such individual, then the Secretary may, under regulations prescribed by him, certify the amount of such increase in benefits (to the extent so iattributable) not to such individual but directly to such dependent or to another person for the use and benefit of such dependent; and any payment made under this clause, if otherwise valid under this title, shall be a complete settlement and satisfaction of all claims, rights, and interests in and to such payment." (c)(1) Sections 412(b), 414(e), and 424 of such Act are amended by inserting after "widow" each time it appears the following:", child, parent, brother, or sister", and section 421(a) is amended by inserting after "widows" the following: ", children, parents, brothers, or sisters, as the case may be,". (2) Section 402(a) of such Act is amended to read: " (a) The term 'dependent' means— "(1) a child as defined in subsection (g) without regard to subparagraph (2)(B) ( i i) thereof; or "(2) a wife who is a member of the same household as the miner, or is receiving regular contributions from the miner for her support, or whose husband is a miner who has been ordered by a court to contribute to her support, or who meets the requirements of section 216(b)(1) or (2) of the Social Security Act. The determination of an individual's status as the 'wife' of a miner shall be made in accordance with section 216(h)(1) of the Social Security Act as if such miner were the 'insured individual'

82-081 O - 73 - 13

151 Post,

p. 152.

81 Stat. 868. 42 USC 423.

"Dependent."

Proof of support, filing date.

42 USC 403. 42 USC 402. Augmented benefits, certification. Ante, p. 150.

83 Stat. 794, 795, 798. 30 USC 922, 924, 934. 30 USC 9 3 1. 30 USC 902. "Dependent." Post, p. 152. .:'>t '>S0,?f

64 Stat. 510; 74 Stat. 950. 42 USC 416. 71 Stat. 519.

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