(a) An individual is entitled to benefits where he or she meets the required standards of relationship and dependency under this subpart (see Sec. 725.220 and Sec. 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. [65 FR 80054, Dec. 20, 2000, as amended at 78 FR 59117, Sept. 25, 2013]