(a) The following survivors must file amendments to petitions in order to retain the assigned order number described in Sec. 130.32 and to receive payment under the Act:
(1) A survivor of the person with HIV, when the person with HIV has filed a petition under the Act, but then died before receiving payment;
(2) The next-ranked survivor eligible to receive payment under the Act, as described in Sec. 130.11(b), when a previously-ranked survivor has filed a petition or an amendment to a petition as a survivor of the person with HIV, but then died before receiving payment; and
(3) In the case of petitions filed by multiple survivors (i.e., multiple surviving children or multiple surviving parents), where one of the survivors dies before receiving payment, the other survivors must file an amendment in order to notify the Secretary that the payment should be made to, and divided among, only the remaining survivors.
(b) Survivors described in paragraph (a) of this section shall amend the original petition by filing the petition form set forth at Appendix C to this part, including the section pertaining to amendments to petitions.
(c) Amendments to petitions filed by survivors must include the following documentation:
(1) Survivors described in paragraph (a)(1) of this section must include the documentation described in Sec. 130.22(d), which shows that the survivor is eligible to file a petition as a survivor of the person with HIV.
(2) Survivors described in paragraph (a)(2) of this section must include:
(i) The documentation described in Sec. 130.22(d), which shows that the survivor is eligible to file a petition as a survivor of the person with HIV; and
(ii) A death certificate for the survivor whose petition is being amended, or other evidence of that survivor's death.
(3) Survivors described in paragraph (a)(3) of this section must include a death certificate for the survivor who has died, or other evidence of that survivor's death.
(d) Amendments to petitions filed by survivors described in paragraph (a) of this section will retain the same order number assigned to the original petition.
(e) In those cases in which the Secretary has reviewed the original petition prior to receiving an amendment to the petition, the Secretary will determine whether to pay the survivors described in paragraph (a) as follows:
(1) If the Secretary has determined that the original petition does not include all of the documentation described in this Subpart C (i.e., it is incomplete), the survivor will be given the opportunity to complete the petition prior to a final determination in accordance with the procedures set forth at Sec. 130.33.
(2) If the Secretary has determined that the original petition does not meet the requirements of the Act, the survivor will be so notified and payment will not be made. The survivor may seek reconsideration under Sec. 130.40.
(3) If the Secretary has determined that the original petition meets the requirements of the Act, and the survivor meets the survivor requirements of the Act, the survivor will receive payment as described in Sec. 130.3.
(f) In those cases in which the Secretary has not yet made the determination whether the original petition meets the requirements of the Act, the Secretary will review the amended petition according to the order number assigned to the original petition, and then determine whether the petition is complete and whether to pay the petition as described in paragraph (e) of this section. (Approved by the Office of Management and Budget under control number 0915-0244)