cause for the failure to timely file such proof (see § 715.217).

(4) In the case of a brother, he also: (1) Is under 18 years of age; or

(ii) Is 18 years of age or older and is under a disability as defined in section 223 (d) of the Social Security Act, 42 U.S.C. 423 (d), which began before he attained age 18, or in the case of a student, before he ceased to be a student (see 410.370 (c) of this title); or

(iii) Is a student (see § 410.370 (c) of this title); or

(iv) Is under a disability as defined in section 223 (d) of the Social Security Act, 42 U.S.C. 423 (d), at the time of the miner's death;

(5) The deceased miner:

(1) Was entitled to benefits at the time of his death; or

(ii) His death is determined to have been due to pneumoconiosis; or

(iii) At the time of his death he was totally disabled by pneumoconiosis.

(b) (1) A parent is not entitled to benefits if the deceased miner was survived by a widow or child at the time of his death.

(2) A brother or sister is not entitled to benefits if the deceased miner was survived by a widow, child, or parent, at the time of his death.

(3) A parent, brother, or sister is eligible for survivor benefits on death of a miner only under part C of title IV of the Act if the miner died after December 31, 1973.

(c) An individual meeting the foregoing requirements is entitled to have his eligibility for benefits determined under this subchapter upon filing a claim for such benefits in accordance with the applicable provisions of this subchapter. § 715.216 Duration of entitlement; parent, brother, or sister.

(a) A parent, brother, or sister is entitled to benefits beginning with the month all the conditions of entitlement described in § 715.215 are met.

(b) The last month for which such parent is entitled to benefits is the month before the month in which the parent dies.

(c) The last month for which such sister is entitled to benefits is the month before the month in which any of the following events occurs:

(1) She dies;

(2) (1) She marries or remarries; or (ii) If already married, she receives support in any amount from her spouse.

(d) The last month for which such brother is entitled to benefits is the month before the month in which any of the following events first occurs: (1) He dies;

(2) (1) He marries or remarries; or

(ii) If already married, he received support in any amount from his spouse; (3) He attains age 18, and

(1) Is not under a disability at that time, and

(ii) Is not a student (see § 410.370(c) of this title) during any part of the month in which he attains age 18;

(4) If his entitlement is based on his status as a student, the earlier of:

(1) The first month during no part of which he is a student; or

(il) The month in which he attains age 23 and is not under a disability at that time;

(5) If his entitlement is based on disability the first month in no part of which such individual is under a disability.

[38 FR 16962, June 27, 1973, as amended at 39 FR 13265, Apr. 12, 1974]

§ 715.217 "Good cause" for delayed filing of proof of support.

(a) What constitutes "good cause". "Good cause" may be found for failure to file timely proof of support where the parent, brother, or sister establishes to the satisfaction of the Office that such failure to file was due to:

(1) Circumstances beyond the individual's control, such as extended illness. mental, or physical incapacity, or communication difficulties; or

(2) Incorrect or incomplete informa tion furnished the individual by the Office; or

(3) Efforts by the individual to secure supporting evidence without a realization that such evidence could be submitted after filing proof of support.

(b) What does not constitute "good cause". "Good cause" for failure to fle timely proof of support (see § 715.215(a) (3)) does not exist when there is evidence of record in the Office that the individua was informed that he should file within the prescribed period and he failed to du so deliberately or through his own negligence.

§ 715.220 Effect of conviction of felonious and intentional homicide on entitlement to benefits.

An individual who has been finally convicted by a court of competent juris

diction of the felonious and intentional homicide of a miner or other beneficiary shall not be entitled to receive any benefits payable because of the death of such miner or other beneficiary, and such felon shall be considered nonexistent in determining the entitlement to benefits of other individuals with respect to such miner or other beneficiary.

INFORMATION IN PROGRAM RECORDS

§ 715.301

Disclosure of program information and records.

(a) Disclosure of any file, record, report, or other document or information in the custody of the Department of Labor or any of its officers or employees or in the custody of any person, agency, or organization with whom the Office of Workmen's Compensation Programs has entered into an agreement to perform certain functions with respect to the administration of provisions of title IV of the act which in any way relates to or is in connection with the administration of such title, shall be made in accordance with the regulations of the Department contained in 29 CFR Part 70, and § 1.22 of this title.

(b) All records, data, or information of any kind relating to the disability or death of a miner or other person entitled to benefits under the act and all amendments or extensions thereof, are the official records of the Office of Workmen's Compensation Programs and are not records of any other agency, establishment, or department, or of any other component unit of the Department of Labor, making or having the case or use of such records or information. Such records and information are confidential and shall not be disclosed except as provided in 29 CFR Part 70 and 20 CFR 1.22

SERVICE OF PAPERS, NOTICES

§ 715.401 Service and form of papers, notices and briefs.

(a) Unless otherwise indicated any paper, document, brief, or other statement required to be submitted in respect of formal proceedings to adjudicate a claim under Parts 720 and 725 of this subchapter to the parties in interest shall be served on each such party or mailed to each such party by the party submitting such paper, document, brief, or other statement.

(b) Unless otherwise indicated any notice order, brief, pleading, or other

document required to be served upon or by a deputy commissioner, administrative law judge, or the Secretary or upon or by any party shall be served by mail or personal service. Proof of service shall be submitted to the appropriate adjudication officer and filed as a part of the record.

(c) Whenever any notice, paper, or document is served by mail, 3 days shall be added to the specified period within which the reply or response to such notice, paper, or document is required to be made.

Where any applicable provision of title IV of the Act, or any provision of another law of the United States relating to or changing the effect of title IV, or any regulation of the Secretary issued under title IV, provides for a period within which an act is required to be done which affects eligibility for or the amount of any benefit or payment under this title and such period ends on a Saturday, Sunday, or Federal legal holiday or on any other day all or part of which is declared to be a nonwork day for Federal employees by statute or Executive order, then such act shall be considered as done within such period if it is done on the first day thereafter which is not a Saturday, Sunday, or legal holiday or any other day all or part of which is declared to be a nonwork day for Federal employees either by statute or Executive order. For purposes of this section, the day on which a period ends shall include the final day of any extended period where such extension is authorized by law or by the Secretary pursuant to law. Such extension of any period of limitation does not apply to any periods during which benefits may be paid for months prior to the month a claim for such benefits is filed.

§ 717.1 Purpose and scope of this part.

(a) This Part 717 contains the general rules of the Department of Labor and the Department of Health, Education, and Welfare, providing for the filing after June 30, 1973, and preliminary processing of claims under Part B and section 415 of title IV (Black Lung Benefits) of the Federal Coal Mine Health and Safety Act of 1969, as amended by the Black Lung Benefits Act of 1972. The regulations contained in this part implement the policies of the Departments of Labor and Health, Education, and Welfare, and of the Congress to insure a smooth, orderly and equitable transition from the period prior to July 1, 1973, during which the primary responsibility for the administration of the black lung benefits program lies with the Department of Health, Education, and Welfare to the period beginning January 1, 1974, in which the primary responsibilty for the administration of that benefit program devolves upon the State workmen's compensation agencies or the Department of Labor pursuant to Part C of title IV of the Act as amended.

(b) Section 415(a) of the Act requires that the manner and place of filing new claims for benefits under Part B of title IV of the Act after June 30, 1973, and before January 1, 1974, shall be in accordance with regulations issued jointly by the Secretary of Health, Education, and Welfare and the Secretary of Labor, which regulations shall provide, among other things, that "such claims may be filed in offices of the Social Security Administration and thereafter transferred to the jurisdiction of the Department of Labor for further consideration." To effectuate this requirement of the Act, this part is issued as a joint regulation of the Department of Labor and the Department of Health, Education, and Welfare.

§ 717.2 Applicability of 20 CFR Part 715.

Part 715 of this chapter describes generally the statutory provisions pertinent to the responsibilties of the Secretary of Labor under title IV of the Act, including the special responsibilities delineated in section 415 of the Act with respect to claims filed under Part B of title IV during the period after June 30. 1973, the definitions applicable thereto. guidelines relating to eligibilty for benefits, and the appropriate policy concern. ing disclosure of program information and records. The matter contained in Part 715 of this chapter is hereby made applicable, wherever appropriate, to this Part 717 of this chapter.

WHO MAY FILE CLAIMS

(a) If the claimant has attained the age of 18, is mentally competent, and is physically able to execute the claim, the claim shall be executed by him. Where however, paragraph (d) of this sectic applies, the claim may also be executed by the claimant's legal guardian, committee, or other representative.

(b) If the claimant is between the age of 16 and 18, is mentally competent, ha no legally appointed guardian, commit tee, or other representative, and is not u the care of any person, such claiman may execute the claim upon filing statement on the prescribed form ind. cating capacity to act on his own beha

(c) If the claimant is mentally competent but has not attained age 18 and is in the care of a person, the claim may be executed by such person.

(d) If the claimant (regardless of his age) has a legally appointed guardian, committee, or other representative, the claim may be executed by such guardian, committee, or representative.

(e) If the claimant (regardless of his age) is mentally incompetent or is physically unable to execute the claim, it may be executed by the person who has the claimant in his care or by a legally appointed guardian, committee, or other representative.

(f) Where the claimant is in the care of an institution and is not mentally competent or physically able to execute a claim, the manager or principal officer of such institution may execute the claim.

(g) For good cause shown, the Office may accept a claim executed by a person other than one described in paragraph (a), (b), (c), (d), (e), or (f) of this section.

§ 717.102 Evidence of authority to execute a claim on behalf of another. Where the claim is executed by a person other than the claimant, such person shall, at the time of filing the claim or within a reasonable time thereafter, - submit evidence of his authority to execute the claim on behalf of such claimant in accordance with the following rules:

(a) If the person executing the claim is the legally appointed guardian, committee, or other legal representative of such claimant, the evidence shall be a certificate executed by the proper official =of the court of appointment.

(b) If the person executing the claim is not such a legal representative, the evidence shall be a statement describing his relationship to the claimant, the extent to which he has the care of such claimant, or his position as an officer of the institution of which the claimant is an inmate. The Office may, at any time, require additional evidence to establish the authority of any such person. § 717.103

Claimant must be alive when

claim is filed.

For a claim to be effective, the claimant must be alive at the time the claim is filed with the Office or with the Social Security Administration. See § 717.113 (a).

PROCEDURE FOR FILING CLAIMS

§ 717.111 Claims forms.

(a) Claims shall be filed on approved forms and in accordance with instructions (provided thereon or attached thereto) as are prescribed by the Office.

(b) The forms for filing claims after June 30, 1973, for benefits under Part B of title IV of the Act pursuant to section 415 of the Act and these regulations are CM-903 (Coal Miner's Claim for Benefits), 903A (Widow's Claim for Benefits), 903B (Dependent Survivor's Claim for Benefits), and CM-904 (Medical Report-Pneumoconiosis). These forms

shall be made generally available to the public at Social Security Administration offices as well as from the Office of Workmen's Compensation Programs, U.S. Department of Labor, Washington, D.C. 20211.

§ 717.112 Procedure for filing claim.

Claims shall be filed in the following manner:

(a) Place of filing claim. Claims and applications for benefits under this part shall be delivered, mailed, or otherwise presented at any of the various offices of the Social Security Administration.

(b) Assistance in preparation of forms. The Social Security Administration will assist claimants, if necessary, in completing their claims forms, including the listing of information required to establish previous periods of a miner's coal mine employment and to determine which of these periods of employment were spent in the service of any particular coal mine operator. The Social Security Administration will also assist claimants in securing other evidence necessary to support their claims.

§ 717.113 When a claim is considered to have been filed; time of filing claim. (a) Date of receipt. (1) For the purposes of determining when a claim has been filed within the meaning of section 415(a) of the Act, a claim is considered to have been filed only as of the date it is received at an office of the Social Security Administration or by an employee of the Social Security Administration who is authorized to receive such claims.

(2) Claims submitted to the Department of Labor shall be forwarded to an office of the Social Security Administration. Such a claim shall be deemed filed

with the Social Security Administration as of the date it was received by the Department of Labor.

(3) Claims submitted to an office maintained by the Foreign Service of the United States by or on behalf of a claimant residing outside the United States shall be considered to have been filled with the Social Security Administration as of the date it is received at such office of the Foreign Service.

(b) Date of mailing. If the claim is deposited in and transmitted by the U.S. mail and the fixing of the date of delivery as the date of filing would result in a loss or impairment of benefit rights, it will be considered to have been filled as of the date of mailing. The date appearing on the postmark (when available and legible) shall be prima facie evidence of the date of mailing. If there is no postmark or it is not legible, other evidence may be used to establish the mailing date.

(c) Prospective filing of a claim. A claim which is filed before the first month in which the claimant meets the requirements for entitlement to benefits is a valid claim only if the claimant meets such requirements before a final decision on his claim is made. Such a claim is deemed to have been filed on the first day such requirements are met.

§ 717.114 Requests and notices to be in writing.

Any request for a determination or a decision relating to an individual's right. to benefits, the withdrawal of a claim, the cancellation of a request for such withdrawal, or any notice provided for, by, or pursuant to this part, shall be in writing and shall be signed by the person authorized to execute a claim under § 717.101.

§ 717.115 Withdrawal of a claim.

(a) Before adjudication of claim. A claimant (or an individual who is authorized to execute a claim on his behalf under § 717.101), may withdraw his previously filed claim: Provided, That:

(1) He files a written request for withdrawal;

(2) The claimant is alive at the time his request for withdrawal is filled;

(3) The Office approves the request for withdrawal; and

(4) The request for withdrawal is filed on or before the date the Office makes a determination on the claim.

(b) After adjudication of claim. A claim for benefits may be withdrawn by a written request filed after the date the Office makes a determination on the claim: Provided, That:

(1) The conditions enumerated in paragraph (a) (1) through (3) of this section are met; and

(2) There is repayment of the amount of benefits previously paid because of the claim that is being withdrawn or it can be established to the satisfaction of the Office that repayment of any such amount is assured.

(c) Effect of withdrawal of claim. Where a request for withdrawal of a claim is filed and such request for withdrawal is approved by the Office, such claim will be deemed not to have been filed. After the withdrawal (whether made before or after the date the Office makes a determination) further action will be taken by the Office only upon the Aling of a new claim, except as provided in 717.116.

§ 717.116 Cancellation of a request for withdrawal.

Before or after a written request for withdrawal has been approved by the Office, the claimant (or a person who is authorized under § 717.101 to execute a claim on his behalf) may request that the “request for withdrawal" be canceled and that the withdrawn claim be reinstated. Such request for cancellation must be in writing and must be filed, in a case where the requested withdrawal was approved by the Office, no later than 60 days after such approval. The claimant must be alive at the time the request for cancellation of the "request for withdrawal" is filed with the Office. § 717.117 When a written statement is considered a claim.

(a) Written statement filed by claimant on his own behalf. Where an individual submits a written statement which indicates an intention to claim benefits and such statement bears his signature or his mark properly witnessed, the filing of such written statement shall be considered to be the filing of a claim for benefits. Provided, That:

(1) The claimant or a proper party on his behalf (see § 717.101) executes a prescribed claims form (see § 717.111) that is filed with the Office or the Social Security Administration during the claimant's lifetime and within the period prescribed in paragraph (c)(1) of this section; or