20 CFR § 725.211
Time of determination of relationship and dependency of spouse or child for purposes of augmentation of benefits
February 18, 2021
With respect to the spouse or child of a miner entitled to benefits, and with respect to the child of a surviving spouse entitled to benefits, the determination as to whether an individual purporting to be a spouse or child is related to or dependent upon such miner or surviving spouse shall be based on the facts and circumstances present in each case, at the appropriate time.