Page:United States Statutes at Large Volume 86.djvu/194

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[86 STAT. 152]
PUBLIC LAW 92-000—MMMM. DD, 1972
[86 STAT. 152]

152 79 Stat. 377. 42 USC 416.

"Widow." 30 USC 90^2^.'

72 Stat. 1027. 81 Stat, 866. 71 Stat. 519; '^^ ^*^*' '

"*^^'^-"

42 USC 423. 42 USC 402. "Student." 79 Stat. 371; ^ 8rstat^^2°69. 79 Stat. 409. Post, p. 154. 408^ ^^^ ^°^" 42 USC 401.

Effective date.

PUBLIC LAW 92-303-MAY 19, 1972

[86 STAT.

referred to therein. The term 'wife' also includes a 'divorced wife' as defined in section 216(d)(1) of the Social Security Act .^jjQ jg receiving at least one-half of her support, as determined in accordance with regulations prescribed by the Secretary, from the miner, or is receiving substantial contributions from the miner (pursuant to a written agreement), or there is in effect a court order for substantial contributions to her support from such miner.". (3) Section 402(e) of such Act is amended to read: "(6) The term 'widow' includes the wife living with or dependent for support on the miner at the time of his death, or living apart for reasonable cause or because of his desertion, or who meets the requirements of section 216(c)(1), (2), (3), (4), or (5), and section 216(k) of the Social Security Act, who is not married. The determination of ^^ iudividual's status as the 'widow' 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' referred to therein. Such term also includes a 'surviving divorced wife' as defined in section 216(d)(2) of the Social Security Act who for the month preceding the month in which the miner died, was receiving at least one-half of her support, as determined in accordance with regulations prescribed by the Secretary, from the miner, or was receiving substantial contributions from the miner (pursuant to a written agreement) or there was in effect a court order for substantial contributions to her support from the miner at the time of his death." (4) Section 402 of such Act is amended by adding at the end thereof the following new subsection: " (g) The term 'child' means a child or a step-child who is— "(1) unmarried; and " (2)(A) under eighteen years of age, or " (B)(i) under a disability as defined in section 223(d) of the Social Security Act, "(ii) which began before the age specified in section 202(d)(1) (B) (ii) of the Social Security Act, or, in the case of a student, before he ceased to be a student; or " (C) a student. The term 'student' means a 'full-time student' as defined in section 202(d)(7) of the Social Security Act, or a 'student' as defined in section 8101 (17) of title 5, United States Code. The determination of an individual's status as the 'child' of the miner or widow, as the case may be, shall be made in accordance with section 216(h)(2) or (3) of the Social Sccurity Act as if such miner or widow were the 'insured individual' referred to therein." (5^ ^^^ Section 413(b) of such Act is amended by adding at the end thereof the following new sentence: "The provisions of sections 204,205 (a), (b), (d), (e), (f), (g), (h), (j), (k), and (1), 206, 207, ^^^ ^^^ ^^ *'^^ Social Security Act shall be applicable under this part with respect to a miner, widow, child, parent, brother, sister, or dependent, as if benefits under this part were benefits under title II of such Act."

(g) Quly section 205, (b), (g), and (h) of those sections of the Social Security Act recited in subparagraph (A) of this paragraph shall be effective as of the date provided in subsection (d) of this section. 83%tL\' 795"^' (^) Section 414(a) of such Act is amended by inserting " (1) " after 30 USC* 924.* " (a) " and by adding the following new paragraphs at the end thereof: "(2) I n the case of a claim b ^ a child this paragraph shall apply, notwithstanding any other provision of this part. Retroactive " (A) If such claim is filed within six months following the month entitlement. in which this paragraph is enacted, and if entitlement to benefits is