20 CFR §725.222

1. (a)An individual is eligible for benefits as a surviving parent, brother or sister if all of the following requirements are met:
   1. (1)The individual is the parent, brother, or sister of a deceased miner;
   2. (2)The individual was dependent on the miner at the pertinent time;
   3. (3)Proof of support is filed within 2 years after the miner's death, unless the time is extended for good cause (§ 725.226);
   4. (4)In the case of a brother or sister, such individual also:
      1. (i)Is under 18 years of age; or
      2. (ii)Is under a disability as defined in section 223(d) of the Social Security Act, 42 U.S.C. 423(d), which began before such individual attained age 22, or in the case of a student, before the student ceased to be a student; or
      3. (iii)Is a student (see § 725.209(b)); or
      4. (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. (5)The deceased miner:
      1. (i)Is determined to have died due to pneumoconiosis; or
      2. (ii)Filed a claim for benefits on or after January 1, 1982, which results or resulted in a final award of benefits, and the surviving parent, brother or sister filed a claim for benefits after January 1, 2005 which was pending on or after March 23, 2010.
2. (b)
   1. (1)A parent is not entitled to benefits if the deceased miner was survived by a spouse or child at the time of such miner's death.
   2. (2)A brother or sister is not entitled to benefits if the deceased miner was survived by a spouse, child, or parent at the time of such miner's death.