TN 26 (12-98)

Citations:

Act - Sec. 216(h)(2)(B)

Regulations - Secs. 404.355(b), 410.212 - 410.213

Black Lung Benefits Reform Act - Secs. 404, 412

A. Policy - General

1. Relationship

Under the SS Act and BL law, the NH's son or daughter is deemed to be his/ her “child” if the NH and the child's other parent went through a marriage ceremony resulting in a purported marriage between them which would have been valid except for a legal impediment. The child is deemed legitimate from birth regardless of when the marriage took place. The child does not need to have inheritance rights under State law.

NOTE: For a child's entitlement only,  good faith on the part of either or both the child's parents at the time of the marriage ceremony is not material.

2. Dependency

Child is deemed dependent unless adopted by someone other than NH (see GN 00306.165 ff.).

B. Policy - Status of Parent

A father or mother does not have the status of parent under the invalid ceremonial marriage provision.

C. Reference

See GN 00305.055B.3. for definition of legal impediment.