(a) In those cases in which the person with HIV, as described in Sec. 130.10, dies before filing a petition under the Act, a survivor of that person, as described in Sec. 130.11, may file a petition.
(b) Petitions filed by survivors must include two types of information:
(1) Documentation regarding the person with HIV; and
(2) Documentation regarding the eligibility of the survivor to receive payments as a survivor of the person with HIV.
(c) Petitions filed by survivors must include the following information regarding the person with HIV:
(1) The individual. Petitions filed by a survivor of the individual with a blood-clotting disorder and HIV must include the documentation described in Sec. 130.21(b).
(2) The lawful spouse. Petitions filed by a survivor of the lawful spouse with HIV must include the documentation described in Sec. 130.21(c).
(3) The former lawful spouse. Petitions filed by a survivor of the former lawful spouse with HIV must include the documentation described in Sec. 130.21(d).
(4) The child. Petitions filed by a survivor of the child with HIV must include the documentation described in Sec. 130.21(e).
(d) Petitions filed by survivors must include the following information regarding the relationship between the survivor and the person with HIV:
(1) The surviving spouse. Petitions filed by the surviving spouse must include the following written documentation:
(i) A death certificate for the person with HIV, or other evidence of that individual's death;
(ii) A marriage certificate or other proof of a lawful marriage, which shows that the survivor was the spouse, as defined in Sec. 130.11(d)(1), of the person with HIV; and
(iii) A sworn statement signed by the surviving spouse which states that the surviving spouse and the person with HIV were married at the time of that individual's death.
(2) The surviving child/children. Petitions filed by the surviving child/children must include the following written documentation:
(i) A death certificate for the person with HIV, or other evidence of that individual's death;
(ii) A birth certificate, adoption certificate, documentation that shows that the survivor is the stepchild of the person with HIV (for example, a certificate of marriage between the survivor's parent and the person with HIV), or other documentation which shows that the survivor is the child, as defined in Sec. 130.11(d)(2), of the person with HIV; and
(iii) A sworn statement signed by the surviving child/children which either:
(A) States that, to the best of the petitioner's knowledge, there are no other survivors who are eligible for payment under the Act, as described in Sec. 130.11 (i.e., no eligible surviving spouses or other surviving children); or
(B) Provides information regarding other survivors who are eligible for payment under the Act.
(3) The surviving parent(s). Petitions filed by the surviving parent(s) must include the following written documentation:
(i) A death certificate for the person with HIV, or other evidence of that individual's death;
(ii) A birth certificate, adoption certificate or other documentation which shows that the survivor is the parent, as defined in Sec. 130.11(d)(3), of the person with HIV; and
(iii) A sworn statement signed by the surviving parent(s) which either:
(A) States that, to the best of the petitioner's knowledge, there are no other survivors who are eligible for payment under the Act, as described in Sec. 130.11 (i.e., no eligible surviving spouse, surviving children or other surviving parents); or
(B) Provides information regarding other survivors who are eligible for payment under the Act. (Approved by the Office of Management and Budget under control number 0915-0244)